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Property Tax Appeals in Washington

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If you own property in Washington state, you may be familiar with the annual property tax assessments determining how much you owe in taxes. While these assessments typically depend on the estimated value of your property, assessors may appraise them inaccurately or even unfairly.

The assessment of your property determines the amount of property tax you will pay. Under Washington law, you pay a percentage of the assessed value of your property in taxes. Based on the Washington Constitution, you cannot pay more than 1 percent of the assessed value of your property in taxes.

However, given the relatively high property values in the state, you can still be looking at a large tax bill based on what the assessor says your property is worth. Because the Tax Cut and Jobs Act of 2017 limits your state and local tax deduction to $10,000, you need to fight to limit the amount of property tax you pay because you cannot write it off your federal taxes.

Washington law allows you to appeal a property valuation with which you disagree. However, you must come to the table with evidence that can help you make a persuasive case that the actual value of your property is lower than what the county says.

You must persuade a state or county board that the assessor made a mistake. If you do not succeed on these levels, you must prove your case to a state court (assuming you have this option, depending on your chosen appellate process).

Consider hiring a property tax appeal lawyer to help with your case and make the strongest possible case on your behalf. You need someone who knows real estate and the appeals process to give you the best chance of winning.

Your property tax appeal results can affect your finances for years, so lodge a solid appeal of the valuation now.

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Why You May Appeal a Property Tax Valuation

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Every year, your property is valued for property taxes. Generally, these assessed values go up yearly (or every several years) because they follow the upward trajectory of real estate prices.

Even though interest rates are higher, property values in the Seattle area continue to increase annually at nearly a double-digit percentage clip. The amount of estate taxes depends on what your property is worth rather than what you paid for the property years ago.

Sometimes, your property’s value may have fallen over the past several years. When that happens, your property taxes will drop because your tab tracks your property value. However, assessors are not quick to cut the property’s value because it means less money in taxes for the county government. Assessors are much faster at raising the value of a property than they are at reducing it.

You may already be under a financial squeeze due to property tax hikes. For example, Seattle and King County have recently passed property tax hikes. Not only are you getting hurt by higher property tax rates, but these also work in conjunction with rising property values, which can significantly increase the amount you may have to pay.

Therefore, hire a lawyer to challenge the valuation of your property if you have documentary proof that the assessor is wrong.

You Have the Legal Right to Due Process for Property Tax Assessments

Property tax determinations are like any other action the state or local government can take that affects your rights. In any of these cases, you have the legal right to some measure of due process to have your figurative day in court.

You can challenge the assessment before an administrative agency in the property tax realm. It also means that you can get an objective review of that decision in the court system should your initial level of appeal be unsuccessful. The government is subject to levels of oversight, and you have the right to speak up for your rights.

What Is the Property Tax Appeal Process in Washington?

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You have several legal options for filing an appeal for a property tax assessment in Washington. The county where you live is the one that has made the initial assessment of your property, and each county has an equalization board, which will consider any issues raised about an assessment.

You will file an appeal with the county equalization board within 30 days after they have issued an initial assessment of the property’s valuation. You may also have until July 1 of the year, when the county issued the annual assessment, to file the appeal.

The county board will consider your appeal and make a decision. The local boards claim to be an impartial forum, as different people decide your appeal compared to those who made the initial assessment.

This body is quasi-judicial and can overturn or adjust the assessments made by local employees. Before the board issues a decision, they will have a hearing, where you can present evidence to them to appeal the assessment.

If you do not win your appeal at the county level, you can make a further appeal to the Washington State Board of Tax Appeal (WSTBA). In some cases, you can file your appeal directly with the WSTBA without going through the county appeals process. However, most people will choose to begin their case at the county level because there is an additional level of review of the initial decision.

The WSTBA has two different processes that you may use to appeal any property tax assessment or denial of your appeal. The informal process may take less time, so you may wish to pursue it. However, under Washington law, you do not have the right to appeal an adverse decision to the Superior Court if you elected for an informal appeal.

You can also have a more formal hearing process with the WSTBA. You must pay any due property taxes before deciding to avoid the possibility of interest and penalties. At the same time, the assessor at the local level can appeal an adverse decision at the equalization board level.

What Evidence Can Help Me Win a Property Tax Appeal?

You need more than a statement that the assessor got things wrong when they valued your property. It takes evidence to carry your burden of proof in a property tax appeal. Much of your case comes down to numbers that relate to your property and capture your property compared to those in the surrounding area.

Valuation is the most important issue in any property tax appeal. You should make your own showing about the property’s fair market value, and the county will make its own case.

You can present evidence that your property is worth less than what the county says. Property tax appeals are the one area in which you are trying to prove that the value of your property is lower.

You can prove the market value of your property in three different ways:

  • Sales comparison approach: You will present data about sales of comparable properties in the local area as a guide for the value of your own home. This is often the evidentiary method that appellants choose to prove their case, and you may debate whether other properties are truly comparable to yours. The county may assume that a property is similar because it is located in close proximity to your property.
  • Income approach: The valuation of your property may depend on how much money you can earn from owning it, assuming that you are renting it out to others. This approach is often used when an investment property is at issue, and you are not living in it yourself.
  • Cost approach: Here, you will look at the total value of the property and any improvements to it, depending on the price someone paid for it. This valuation method also factors in the structure’s and land’s depreciation over time.

You do not have to choose just one valuation method to make your case. Your property tax attorney may borrow from each of the three ways to value property to prove your valuation.

Does it Make Sense to File a Property Tax Appeal?

Before filing a property tax appeal, you should perform a cost-benefit analysis to determine whether it is financially in your best interests. Usually, you should hire a property tax appeal attorney to represent you in the legal process.

Occasionally, it may not make sense to pay a lawyer to take your case if there is only a slight discrepancy between the tax valuation and the actual value of your property.

When you file a property tax appeal, you open the door to an entirely new property assessment. The latest valuation may come back even higher than the one you are disputing, potentially costing you even more money. In other words, there is no guarantee that the value will remain the same or be lowered.

Then, you are also putting time and resources into a property tax appeal. However, you can reduce your time on an appeal by hiring a property tax attorney to represent you in the legal process. They will perform the due diligence on your property and make all the necessary filings with the local authorities.

Nonetheless, given the high property values in the Washington area, it may make sense for you to go through with a property tax appeal.

If the county can value your property higher, it will likely only increase in future years as property values rise even further. Winning your property tax appeal now can set your assessment at a lower level, helping you both now and in the future.

Why You Need an Attorney for a Property Tax Appeal

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You have the legal right to an in-person hearing as part of the property tax appeals process, where you must present the most compelling evidence possible in your case.

If you represent yourself in front of any county or state board, you will not make the strongest case. You may have an idea that your property is valued at too high of a level, but you may not know how to prove it mathematically or effectively challenge the numbers that the county is using.

The administrative appeal system is more complex than it may appear initially. Although these appeals may look standardized because you must fill out a form, they are anything but.

You are presenting unique evidence that relates to your property and how it may compare to others in the area. Then, you may even end up in state court if you have to further appeal any loss in your hearing at a lower level.

However, if you go to state court, Washington law will ensure the court hears your case on a de novo basis, meaning it will start from scratch and not defy what a state board found.

Your property tax lawyer not only knows how to value your property, but they are also deeply familiar with the administrative law system in Washington. You need a lawyer to fight the government and win, and there are tight deadlines and strict requirements that you must follow in your case.

You can hand the details over to a property tax lawyer, and they can help you build the best case possible to contest the valuation of your property in an appeal.

Contact a Property Tax Lawyer Near You

Hiring an attorney for your property tax appeal can save you valuable time and energy. The lengthy and complex appeal process can require extensive research, analysis, and preparation. By entrusting your case to an attorney, you can focus on your other responsibilities and obligations, knowing that a professional is handling your appeal.

Seek the assistance of an attorney for your property tax appeal. Their knowledge, experience, and advocacy skills can significantly improve your chances of a successful outcome. Contact a Seatle real estate attorney today who can fight for your rights and ensure a fair and accurate tax assessment.

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