HOW ASSESSMENTS AND TAX
BILLS ARE DEVELOPED FOR FY 2010
DATE:
DECEMBER 8, 2009
FROM: DONALD DRAGT - CHIEF ASSESSOR
SUBJECT: PROPERTY ASSESSMENTS
This memo is intended to shed
some light on the confusing relationship between a property’s assessment for
a given fiscal year and its fair market value at the time when the property
owner first sees his new assessment. Despite the Assessor’s annual warning
that current assessed values represent a historic
value, not the current value of a property, each year when the new assessments
are released, taxpayers call to report that their house is not worth what it
is now being assessed for. In some cases, particularly when the property was
not inspected recently, a review of the property record card will reveal an
error. More often, however, the property record card is correct and the
difference between the current value and the assessed value is explained by
the fact that assessed values are values as of a specific date, January 1 of
the year prior to the Fiscal Year
and are based on sales that took place as much as a full year even before that
date. In other words, when a property owner first sees his FY 2010 assessment,
sometime late in 2009 or early 2010, it is based on sales that could be two
years old. In this age of volatility in the real estate market, there can be
very dramatic value shifts within a two year period. There has been a
tremendous change in property values since the lows of the housing market in
the early 90’s. From that time until late in 2005 there was a long, steady
increase in property values that consistently produced assessments well below
their actual market values at the time the assessments were released. The tide
turned in 2005 and some values (although not all) generally began to decrease.
It is, therefore, to be expected that the new assessments for FY 2010 (which
represent the property value as of January 1, 2009 and are based on sales from
calendar year 2008) will, in some cases, come in higher than the current
market value.
Recognizing that current market values can be lower than assessed values is
the first step in understanding how the complex tax system works. Equally
important is how what for so long was an “under-assessment” and now is an
“over-assessment” can actually produce a tax bill that is fair to
everyone. The answer to that question has two parts. The first is that everyone’s
assessment for fiscal year 2010 is based on sales from 2008, not just one
individual’s assessment or one section of town’s assessments. The field is
level for everyone. The second part of the answer relates to how the
tax bill is generated. Imagine that the City of Melrose is a large corporation
and property owners all have shares in the corporation. The number of shares
each person owns can be thought of as the total value of his/her real estate
in the city. The Assessor’s job is to calculate that total each year and
compute a tax rate that, multiplied by the shares everyone owns, will cover
that part of the cost of running the corporation that is the responsibility of
real estate owners. Real estate taxes comprise about 55% of the city’s
budget while the other 45% of the budget comes from other sources such as
state contributions, excise taxes, lottery shares, etc.
The amount that can be taken from real estate taxes (the tax levy) is set by
the Department of Revenue at 2 ½% higher from one year to the next. Only new
growth (new construction) and overrides or debt exclusions voted by the
citizenry can be added to the 2 ½%. There are no exceptions to these rules.
Any municipality trying to take even a single penny over the permitted amount
will have their tax rate rejected by the Department of Revenue and a new,
lower tax rate will need to be set before any tax bill can be sent out. The
procedure, then, is that the Assessor calculates the number of shares each
property owner has (the assessment), adds all the shares together to get the
total number of shares outstanding, and divides that sum by the tax levy the
Department of Revenue allows, with the result being the tax rate. Since the
allowable tax levy is fixed and cannot change by law no matter how badly a
municipality needs or wants more money, the two variables in the equation can
only be the number of shares outstanding (the total of the assessments) and
the tax rate. When values go up, the tax rate comes down and when values come
down, the tax rate goes up. Either way everyone’s tax bill will be exactly
the same in any given year. (See illustration below)
ILLUSTRATION:
As of January 1, 2009 (target date for FY 2010 values), the value of all
taxable properties in Melrose was calculated at $3,518,831,885. The tax levy
allowed by the Department of Revenue for FY 2009 is $43,780,661. In order to
cover the tax levy from the 3,518,831,885 outstanding shares in the
corporation, the formula is 43,780,661 divided by 3,518,831,885 or .012442.
For every share owned in the corporation, the owners will pay .01244 cents in
taxes. In Massachusetts we move the decimal three places to the right so the
number is more easily understood, so we say the tax rate is $12.44 per
thousand of assessed value. If we didn’t have a split tax rate where
commercial properties pay more than residential properties, the tax rate for
everyone for FY 2010 would be $12.44. At that rate, the average single family
dwelling in Melrose, assessed for FY 2010 at $395,000, would be taxed for the
year at $4,914, rounded.
Next, let’s see how the average tax bill would be exactly the same if we
used current market values instead of market values as of January 1, 2009. For
our example we will assume that the fair market value of all properties in
Melrose dropped 2% between January 1, 2009 and January 1, 2010. We now will
calculate the tax bill for FY 2010 based on the lower values of January 1,
2010. Property values which totaled 3,518,831,885 on January 1, 2009 are now
worth only $3,448,455,247 on January 1, 2010. The tax levy does not change.
The total amount of real estate taxes the city will take in remains at
$43,780,661 as allowed by the Department of Revenue. Now when we divide that
$43,780,661 by the lower number of total shares outstanding, (3,448,455,247)
the tax rate will be .01269 per share or $12.69 per thousand of assessed
value. The average single family home, now being worth 2% less than on January
1, 2008, would be assessed at $387,100. The tax bill, calculated by
multiplying the tax rate by the assessment, would be $4,912 rounded, one
dollar less (from rounding) than before despite the different levels of
assessment. The only reason the more current sales are not used to calculate
the assessments is that the sales toward the end of the year wouldn’t be
received in the Assessors office until well after the tax rate needs to be set
for the January bill. The important thing to remember, however, is that the
tax bill will be the same, no matter which target year for sales is used.
I should mention one final confusing procedure. Assessments and tax rates for
any given fiscal year are never set by July 1 when the fiscal year begins.
Spring, summer and fall are used for processing building permit changes to the
property record cards, analyzing sales, submitting data to the Department of
Revenue for review and approval, and having a new tax rate set by the
Aldermen. The first “actual” tax bill is the third quarter bill that
arrives in your mailbox about the first of January. You have, however, already
paid two tax bills for the fiscal year. Those bills are “estimated bills”
and are calculated from the previous fiscal year’s assessment and the
previous year’s tax rate. The new assessment, the new tax rate and the
actual new fiscal year’s tax total are all on the third quarter (January)
bill. The Tax Collector subtracts the amount you paid on the first two
estimated bills, divides the balance by two and charges you equally on the
third and fourth quarter bills. That is the reason the first and second
quarter bills are different from the third and fourth quarter bills even
though all four quarters are in the same fiscal year.
As always, if you feel your property assessment for FY 2010 is higher than the
actual value of the property on January 1, 2009, you may come to the
Assessor’s Office during the month of January (or until the date the third
quarter bill is due, if later) to file an appeal. We will have a booklet with
all the sales that took place in 2008 upon which the FY 2010 assessments are
based. You may also submit as evidence an appraisal on your property done by
an independent appraiser with an effective appraisal date at some point in
2008. If you appeal yourself, you will be asked to justify your claim that you
are overvalued by looking through the book of 2008 sales and finding
properties similar in style and size that support your contention. You will
also be asked to complete a form describing your house so it can be compared
to the data on your property record card which was actually used to compute
your assessment. If you find good sales of similar homes during calendar year
2008 at lower prices or if there are data errors, the Board of Assessors will
review your assessment and make whatever corrections are needed. Please
remember that property assessments are data driven and the value of a property
does not decrease because of an owner’s age, financial condition, number of
years living in Melrose or anything that does not relate to the actual
property value. Those living on fixed incomes as taxes rise can, of course,
experience difficulty finding the money for taxes and if you fall into this
category you should ask if you might qualify for any exemption programs.
Senior exemptions, for example, are available to those with very limited
assets and income. This does not reduce your assessment in any way but is a
tax credit that can be applied to your tax bill. Tax deferrals are also
available for needy seniors. Under this program, all or a portion of one’s
taxes can be deferred until the time the property actually changes hands in
the future. The taxes owed would then be paid from the proceeds of the
property sale whenever that takes place.
You should also check to see if you qualify for the circuit breaker income tax
credit. This is not done at the Assessor’s Office since it is a state
program that must be done on your income tax form but it is a significant help
to those who are paying a large percentage of their annual income for real
estate taxes. You can get details of this program from the Council on Aging.
We hope that this memo is helpful in clarifying the very confusing tax system.
If you have additional questions or need information on the tax exemption
programs available, please call the Assessor’s Office at 781-979-4104.
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ABATEMENT
APPLICATION PROCEDURE
WHEN CAN I FILE AND WHERE
DO I GET A FORM?
Applications
for property tax abatements are available at the Assessor’s Office or online
in the link below. They can be filed any time from the time the third
quarter bill is sent out (late December) to the time it is due (usually
February 1). This is approximately a 30-day period and includes the
entire month of January. Any abatement applications filed after the date
taxes are due in the Treasurer’s office cannot by law be considered by the
Assessor’s Office. Therefore, timeliness is of utmost
importance.
WHAT ARE
THE CRITERIA FOR FILING FOR AN ABATEMENT?
Abatement
applications can be filed by those individuals who believe that their property
assessment is higher than the price for which the house could be sold on
January 1, 2007 or that there is a mistake on their property record card which
affects the value of the house by overstating its value. Abatements cannot be granted for any reason unrelated to the value of
the house. The business of the Assessor’s Office is to allocate the tax levy
equitably to property owners. It is not involved in any way with formation of the budget.
WHAT
SHOULD BE INCLUDED WITH THE ABATEMENT APPLICATION?
Your
abatement application should be as specific as possible as to why you feel
your assessment is too high. Assessments everywhere in Massachusetts are determined by a careful
analysis of sales that have taken place in the community. After such an analysis by the Assessors has been completed and new
values determined, both the sales and the new values are reviewed by the
Department of Revenue. The purpose of this review is to assure that the sales model developed
by the Assessors accurately reflects the sales and has been applied
consistently throughout the city. To defend your position, therefore, you too should cite actual sales of
comparable properties that took place in calendar year 2008 to prove that your
assessment is too high.
It is the 2008 sales that are used as the basis for the 2010
assessments. Sales from calendar year
2009 will be used next year for the FY 2011
assessments and cannot be used to support a reduction of your FY 2010
assessment. There are booklets you can use in the Assessor’s Office with all the
arms-length property sales from 2008 that were used in the general analysis.
You should also review your property record card for accuracy. You can get a copy of your record card at the Assessor’s office or
check the data on the Melrose web site at “cityofmelrose.org”. It is important that the data on the record card be accurate because
this data is used to determine the value of your property. Some of the data is purely descriptive and does not affect value
whereas other data does affect value. An example of an error that would affect value would be if the record
card indicated that the house had a finished basement that in fact did not
exist. An example of an error that would not
affect value would be if the record card indicated that there were 7 rooms and
4 bedrooms in the house when, in fact, there are only 6 rooms and 3 bedrooms. If you encounter such an error, it should be corrected but there would
be no value change.
WHAT
HAPPENS AFTER I FILE?
Each application for an abatement is reviewed by
the Board of Assessors. The first
step typically is for the Assessor to schedule an inspection of the property
to determine whether the data on the property record card is correct. Any discrepancies will be noted.
Then
the sales of the most similar properties will be reviewed and particular
attention will be given to the sales cited by the applicant. The Board of Assessors must render a decision on the abatement request
within 90 days of the date of application and transmit that decision to the
applicant within 10 days of the decision. After the decision has been made, if the applicant continues to believe
that the assessment is higher than the market value of the property as of
January 1, 2007, he can file a petition with the Appellate Tax Board. They will hear arguments from both sides and render a final decision.
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