LexStop Attorneys at Law

Commercial property tax appeals

The valuation is an argument about income.

For income-producing property, assessors usually estimate what a building should earn. We replace the estimate with what it actually earns.

How commercial property is valued

Three methods. Each with its weak points.

Income approach

Net operating income divided by a capitalization rate. The usual method for office, retail, industrial and apartments.

Where it goes wrong

Market rent where the actual rent is lower. Vacancy and expenses taken from a table, not your books. A cap rate that doesn’t fit the building’s risk.

Sales comparison

What similar properties have sold for, adjusted for differences in size, age, location and condition.

Where it goes wrong

Sales from a stronger submarket, sales that included a business or leases above market, and adjustments that don’t hold up.

Cost approach

Land value plus the cost to replace the building, less depreciation. Common for special-purpose and newer property.

Where it goes wrong

Depreciation that ignores physical wear, functional problems or a weak location, so the building is valued as if it were new.

Why the value matters

Tax follows the value.

Your tax bill is the assessed value times the local rate. The assessed value is a fixed share of market value, so an overstated market value carries straight through to what you pay, every year until it’s corrected.

Missouri
32%Commercial property is assessed at 32% of market value.
Missouri
19%Residential property, including apartments, is assessed at 19%.
Illinois
33⅓%Most counties outside Cook assess at one-third of fair market value.

What to send

Bring the books. We’ll read them.

Start with the assessment notice. The rest helps us tell you, at the first review, whether the number can be moved and by roughly how much.

  1. Your most recent assessment notice
  2. Operating statements for the last three years
  3. A current rent roll, with vacancies marked
  4. Leases for the major tenants
  5. The closing statement, if you bought in the last few years
  6. Any recent appraisal
  7. Estimates for deferred maintenance or capital repairs

Investors and portfolios

Tax is an operating expense you can still change.

Before you buy

A sale often triggers a new look from the assessor. We estimate the tax the property is likely to carry after closing, so it goes into your underwriting instead of surprising you in year one.

After you own

One calendar for every property, every county and every deadline. We review each reassessment across the portfolio and appeal where the evidence supports it.

Questions

Before you call.

Do you need our financial statements?

For income property, yes. The assessor usually works from market estimates. Your actual income and expenses are often the strongest evidence you have, and they are used only for your appeal.

We bought the property recently. Can we still appeal?

Often, yes. A recent arm’s-length sale is strong evidence of market value. If the assessment is above what you paid, that price is usually the first exhibit.

Our tenants reimburse the taxes. Is an appeal still worth it?

Usually. Under a net lease the savings pass through to tenants, which lowers their occupancy costs and makes the space easier to lease and renew.

What does an appeal cost?

The first review is free. If an appeal makes sense, you’ll get the fee arrangement in writing before anything is filed.

Send the notice. We’ll check the math.