What if I told you that your business could be overpaying millions in property taxes? It’s not just possible—it’s probable, according to property tax expert Josh Malancuk, President of JM Tax Advocates. In a recent episode of the Earmark podcast, Josh, drawing on his 28 years of experience in the field, reveals a startling statistic: about 80% of the commercial properties his firm evaluates are overvalued by 20% or more.
Uncovering these overpayments isn’t as simple as glancing at a tax bill. It requires an approach that most businesses—and even many tax professionals—overlook. “Most of the time, county and state assessors are kind of flying blind with their assessments, which is why we see about 80% of the time, large commercial properties are overvalued by 20%,” Josh explains.
During the podcast, Josh outlined the flaws of commercial property assessments, explained the property tax appeal process, and shared a real-world case study in which his firm slashed a $25 million assessment down to $9 million, saving the client over seven figures in taxes.
The Hidden Flaws in Commercial Property Assessment
The stark differences between residential and commercial property assessments create a perfect storm for overvaluation. For residential properties, assessors have a wealth of comparable sales data. Josh explains, “With certain property types, like a home, you’re going to have lots and lots of sales, probably sales right across the street, so it’s relatively easy to predict what your home value should be on a per-bedroom or per-square-foot basis.”
Commercial properties, however, present a unique challenge. Consider a 1,000,000-square-foot manufacturing facility in a small town. Josh says, “You’re lucky to see sales of any sort within three years.” This scarcity of comparable sales data forces assessors to rely on mass appraisal models.
As Josh describes, these models are “a one-size-fits-all” approach. They are typically based on reproduction cost or construction cost trends, with little consideration for the specific characteristics and market conditions of individual properties.
Josh’s firm uses comprehensive databases and sophisticated market analysis to combat these inaccuracies. They expand their search for comparable transactions to a regional or even national level, mirroring what a typical market participant would consider when evaluating a property.
The capability gap is significant. Josh notes, “99% of the time your county and your state assessors do not have that same capability.”
Navigating the Property Tax Appeal Process
Discovering an overvaluation is just the first step. Navigating the appeal process requires careful attention to varying deadlines and jurisdictional rules. Josh explains, “Each jurisdiction has its own period to appeal the property assessment. So once you get the notice, the appeal deadline can be as short as ten days or 30 days, or there may be no notice at all.”
The appeal process can involve multiple stages, from informal discussions with the assessor to county board hearings and, in some cases, escalating to state-level appeals or litigation. Each step requires a deep understanding of procedural rules to avoid disqualification.
Successful appeals rely on customized analysis, taking into account factors such as:
- Age and condition of the property
- Size and layout
- Specific use and any functional obsolescence
- Land size and characteristics
- Truly comparable properties in the area or region
“Once we figure out the best approach, we build our market data and bring that into an organized message to the assessor to basically support our contention that the market value is different than their assessment,” Josh says.
Case Study: Uncovering Millions in Savings for a Food Processing Plant
Picture a sprawling food processing plant, its buildings a patchwork of structures dating back to the early 1900s. Josh’s team tackled this real case, starting with a staggering $25 million assessment and a tax bill of around $1 million annually.
Their approach? A month-long deep dive into every nook and cranny of the facility. “I spent about a month hiking around this manufacturing plant, discovering all of the nuances and all of the ages and the sizes and ceiling heights and the like.”
Donning hard hats, safety glasses, and brightly colored vests, the team pored over dusty blueprints, traced the facility’s tangled construction history, and scrutinized every square foot of the million-plus square-foot complex.
Their approach unearthed a treasure trove of assessment inaccuracies:
- Entire sections of demolished buildings are still being taxed.
- Incorrectly recorded ages of structures.
- Outdated layouts and obsolete features are impacting market value.
The result? “We filed a protest, and in the end, we took that assessment down from $25 million to $9 million,” Josh proudly states. “It ended up saving the company seven digits over the years that we appealed.”
Impressed by the millions saved, the client entrusted Josh’s firm with reviewing their properties across an entire state—some 30 additional sites.
Unlocking Hidden Value in Property Tax Assessments
This examination of the intricacies of property tax assessment reveals a surprising truth: significant savings are hiding in plain sight, waiting to be uncovered by those willing to look closely enough.
Let’s recap the key insights:
- Mass appraisal models often lead to widespread overvaluation of commercial properties.
- Customized, property-by-property evaluation can reveal substantial inaccuracies.
- Navigating the appeal process requires expertise and attention to detail.
- On-site inspections can lead to millions in savings.
For businesses, these insights represent an opportunity to free up capital for growth and innovation. For tax professionals, it’s a chance to deliver immense value to your clients, potentially saving them millions of dollars.
Some jurisdictions even allow for retroactive relief, potentially multiplying the savings across previous tax years.
To gain even more insights that could revolutionize how you approach property tax assessments, listen to the full Earmark podcast episode featuring Josh Malancuk.
Then ask yourself: How much-hidden value might be lurking in your property tax assessments? The answer could be worth millions. Isn’t it time you took a closer look?