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Practice/Industry Group Overview
The Scope of our Tax Appeal Practice
Our property tax appeal department represents clients with all types of industrial and commercial properties, including:
- Retail
- Manufacturing
- Warehouse
- Office
- Research and development facilities
Our property tax appeal legal team, led by Peter J. Wolfson and Michael A. Paff, is very careful to file an appeal only when reasonably warranted. We never risk the consequences of a property valuation increase by inviting a municipality to put a property under a microscope unless there’s a compelling argument for property tax relief.
The Burden of Proof is on Us
Most of our clients prefer when we conduct our tax appeals on a contingency basis. Our law firm does not get paid until and unless a recovery is made. What’s more, there is no charge for a review of your real estate assessment. The appeal process our team follows, while detailed and complex, is designed to minimize the effort of our client. If a client prefers, we can handle the appeal on a fee basis.
Making Your Job Easier
Property valuation and real estate assessment levies can be complicated. If you, the taxpayer, are not well versed in the determination of property value, you often have no way of knowing if your assessment is fair. To fully understand how assessments are calculated requires correctly applying ratios that factor into equalized market values. Many states, and New Jersey is one, do not require disclosure of the ratio on the notices of assessment.
As a result, it is important to consult with a lawyer who understands and can accurately gauge the value of your property. At Porzio, a team member studies your real estate property to verify the data on which the taxing jurisdiction is basing an assessment:
- Is the square footage properly calculated?
- What is the physical condition of the structure?
- What about any site issues—are there any environmental concerns?
- Does the surrounding area include factors that affect value?
- Is the property marketable?
- Are there any factors that may add a stigma?
Our Results
We believe, to be successful, a tax appeal lawyer must be an effective litigator and negotiator, always cordial, professional and well-informed. And because of our approach, knowledge and track record in the tax appeal area, our appeals often lead to settlements favorable to clients.
Property tax assessors realize we build and present a strong case and prepare for trial by:
- Personally cross-examining the appraisal report and analyzing every element—comparables, the deed, sale encumbrances (for instance, was the sale subject to leases) and other factors that may affect the value.
- Talking to plant or facility managers, buyers and sellers and other parties who may shed light on real value and help identify the basis on which the taxing jurisdiction is relying.
Representative Cases
- We represented a retail client at a prominent location along a highly developed commercial highway in New Jersey. Rather than settle, the municipality, concerned about a stampede of appeals, chose to go to trial. The 14-day trial resulted in a half million dollars of recovery. While the town produced credible evidence to support their basis, our proof was persuasive and convincing to the judge who ruled in our client’s favor that the property was over assessed.
- Similarly, a town’s position on a mixed use building was that it was Class A office space. They had comparable data in their appraisal report for other businesses in the area. Yet, we were able to make a case that resulted in a $400,000 savings over 2 years since the appeal was filed. At trial, our lawyer, armed with data based upon his extensive investigation and research, won after a vigorous cross examination of the taxing jurisdiction’s expert appraisal which made clear that the data relied upon the appraiser was flawed.
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