© 2013 all rights reserved. chapter 9 taxes and assessments1 new york real estate for brokers, 5 th...

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© 2013 All rights reserved. Chapter 9 Taxes and Assessments 1 New York Real Estate for Brokers, 5 th e By Marcia Darvin Spada Cengage Learning

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Page 1: © 2013 All rights reserved. Chapter 9 Taxes and Assessments1 New York Real Estate for Brokers, 5 th e By Marcia Darvin Spada Cengage Learning

© 2013 All rights reserved.Chapter 9 Taxes and Assessments 1

New York Real Estate for Brokers, 5th e

By Marcia Darvin SpadaCengage Learning

Page 2: © 2013 All rights reserved. Chapter 9 Taxes and Assessments1 New York Real Estate for Brokers, 5 th e By Marcia Darvin Spada Cengage Learning

© 2013 All rights reserved.Chapter 9 Taxes and Assessments 2

Chapter 9

Taxes and Assessments

Page 3: © 2013 All rights reserved. Chapter 9 Taxes and Assessments1 New York Real Estate for Brokers, 5 th e By Marcia Darvin Spada Cengage Learning

© 2013 All rights reserved.

Chapter 9 Key TermsAd valorem taxesAppropriationApproved assessing

unitAssessing unitAssessment Assessment rollAssessorBoard of assessment

reviewGrievanceHomestead

In rem legal proceeding

Nonhomestead Special assessmentTaxable status dateTax certiorari

proceedingTax exemptionsTax levyTax lienTax rate

Chapter 9 Taxes and Assessments 3

Page 4: © 2013 All rights reserved. Chapter 9 Taxes and Assessments1 New York Real Estate for Brokers, 5 th e By Marcia Darvin Spada Cengage Learning

© 2013 All rights reserved.

Property Taxes

Based on fair market value

Most property subject to assessment and taxation

Exceptions government religious educational charitable

Chapter 9 Taxes and Assessments 4

Page 5: © 2013 All rights reserved. Chapter 9 Taxes and Assessments1 New York Real Estate for Brokers, 5 th e By Marcia Darvin Spada Cengage Learning

© 2013 All rights reserved.

Property Tax Exemptions, Deductions, and Refunds

Veterans’

exemption

Veterans’

exemption

New York STAR

New York STAR

DisabilityDisability

Seniorcitizen

exemption

Seniorcitizen

exemption

ExemptionsDeductions

Refunds

ExemptionsDeductions

Refunds

Chapter 9 Taxes and Assessments 5

Page 6: © 2013 All rights reserved. Chapter 9 Taxes and Assessments1 New York Real Estate for Brokers, 5 th e By Marcia Darvin Spada Cengage Learning

© 2013 All rights reserved.

Assessed Value

Assessor

Assessment roll

Uniform percentage

Protestingassessments

Property tax assessment involves establishing the market value of each parcel of land to be taxed within the taxing unit

A taxing unit may be a city, town or county

Market value is what a willing buyer will pay a willing seller for the property

Chapter 9 Taxes and Assessments 6

Page 7: © 2013 All rights reserved. Chapter 9 Taxes and Assessments1 New York Real Estate for Brokers, 5 th e By Marcia Darvin Spada Cengage Learning

© 2013 All rights reserved.

Residential Assessment Ratio (RAR)The RAR is an indication of the level of

assessment for residential real property in a municipality

Used by homeowners in a:

Board of Assessment Review (BAR) grievance

Small Claims Assessment Review (SCAR) hearing

Chapter 9 Taxes and Assessments 7

Page 8: © 2013 All rights reserved. Chapter 9 Taxes and Assessments1 New York Real Estate for Brokers, 5 th e By Marcia Darvin Spada Cengage Learning

© 2013 All rights reserved.

Functions Related to Real Estate of the Tax Assessor۩ Valuing all taxable property -listing it on

the assessment roll۩ Maintaining tax maps۩ Assisting taxpayers with exemptions۩ Maintaining property tax records

Chapter 9 Taxes and Assessments 8

Page 9: © 2013 All rights reserved. Chapter 9 Taxes and Assessments1 New York Real Estate for Brokers, 5 th e By Marcia Darvin Spada Cengage Learning

© 2013 All rights reserved.

Equity Issues and Differences in Assessments

Illegal/Legal

Assessments

Reassessment upon Sale

Community wide

reassessment

Old vs. newconstruction

Undeclared improvements

discovered

Relationship ofthe building permit

to reassessment

Equity Issues

Chapter 9 Taxes and Assessments 9

Page 10: © 2013 All rights reserved. Chapter 9 Taxes and Assessments1 New York Real Estate for Brokers, 5 th e By Marcia Darvin Spada Cengage Learning

© 2013 All rights reserved.

Protesting Assessments

Grievances

UnequalAssessment/

UnequalAssessment

Ratio

Excessive Assessment-

Full ValueDisagreement

UnlawfulAssessment

Misclassification-Homestead

And Nonhomestead

Classes

Chapter 9 Taxes and Assessments 10

Page 11: © 2013 All rights reserved. Chapter 9 Taxes and Assessments1 New York Real Estate for Brokers, 5 th e By Marcia Darvin Spada Cengage Learning

© 2013 All rights reserved.

Small Claims Assessment Review

Residential only

Filing with the countyclerk

Hearing procedure

Types of evidence

Appeal

Protesting commercial

propertyassessments-

certiorari proceedings

Chapter 9 Taxes and Assessments 11

Page 12: © 2013 All rights reserved. Chapter 9 Taxes and Assessments1 New York Real Estate for Brokers, 5 th e By Marcia Darvin Spada Cengage Learning

© 2013 All rights reserved.

Tax Rate FormulaTax dollars

required/

Taxable assessed

value

=

Rate

$2 million tax levy/

$40 million taxable

assessed value

=

$5 for each $100 of

taxable assessed

valueChapter 9 Taxes and Assessments 12

Page 13: © 2013 All rights reserved. Chapter 9 Taxes and Assessments1 New York Real Estate for Brokers, 5 th e By Marcia Darvin Spada Cengage Learning

© 2013 All rights reserved.Chapter 9 Taxes and Assessments 13

Calculating the Property Tax Bill

Assessed value x tax

rate = annual taxes

$300,000 x .04567

= $13,701

If the assessed value

of property is

$68,000 and the

annual tax paid is

$850, what is the

tax rate?

$850 ÷ $68,000 =

$1.25

Page 14: © 2013 All rights reserved. Chapter 9 Taxes and Assessments1 New York Real Estate for Brokers, 5 th e By Marcia Darvin Spada Cengage Learning

© 2013 All rights reserved.

Equalization

Total assessed value (AV)________________________ = Equalization

RateTotal market value (MV)

Chapter 9 Taxes and Assessments 14

Page 15: © 2013 All rights reserved. Chapter 9 Taxes and Assessments1 New York Real Estate for Brokers, 5 th e By Marcia Darvin Spada Cengage Learning

© 2013 All rights reserved.

Real Property Tax Liens

Real Property Tax Liens

Administrative tax sale

Tax foreclosure and tax sale

Chapter 9 Taxes and Assessments 15

Page 16: © 2013 All rights reserved. Chapter 9 Taxes and Assessments1 New York Real Estate for Brokers, 5 th e By Marcia Darvin Spada Cengage Learning

© 2013 All rights reserved.

Agent’s ResponsibilitiesRead and Interpret a tax bill

Know of any tax exemptions or reductions

Other information regarding the property tax is included in the title search

Chapter 9 Taxes and Assessments 16