Property values can fluctuate based on changing economic conditions. As a result your property may become “overvalued” for tax assessment purposes. The tax rate assessed to your property may be challenged. A successful challenge requires the taxpayer to prove that the assessed value is unreasonable compared to the current market value of the property.
Improper Tax Assessments
When local governments look for ways to increase revenue, they often do so by increasing the assessed values of real property, and/or by using more aggressive tax enforcement. The lawyers at Danks, Miller & Cory have the experience to help you challenge any improper state, county and city tax assessment.
If the amount in dispute is significant, you should consider retaining a law firm with the experience to guide you through the tax appeal process. We will help you confirm the market value of your property and determine whether an appeal is a good business decision.
The property tax assessment process is relatively straightforward.
- City’s and counties classify property for tax related purposes.
- Section 112 of the Mississippi Constitution of 1890 requires that taxation shall be uniform and equal throughout the state.
- Property must be taxed in proportion to its value.
- Property shall be assessed for taxes under general laws, and by uniform rules, and in proportion to its value.
Once the true value of your property is determined, a uniform and equal ratio of assessment must be applied so as to arrive at the proper assessed value. All property not exempt from ad valorem taxation shall be taxed at its assessed value based on uniform rules.
The Appeal Process
Improper tax assessments can be overturned when the tax is not supported by substantial evidence, is arbitrary and capricious, is beyond the taxing authority’s power to make, and/or violates a constitutional or statutory right.
Under Miss. Code Ann. § 11-51-77, any person aggrieved by a decision of the board of supervisors or the municipal authorities of a city, town or village, has a limited time to file an appeal to circuit.
Importantly, all tax revenue laws are strictly construed against the taxing power, and all ambiguities are to be resolved in favor of the taxpayer.
To set up a meeting to discuss how we can help you with your tax dispute, contact us by email or call 601-957-3101.