Chicago is being reassessed this year. Assessment increases for commercial taxpayers have gone through the roof. The Assessor started four months late but he wants to finish on time – in December. That means he will decide a record number of tax appeals in about half of the normal amount of time!

Also, the assessing officials are becoming tougher. They now require more and better documentation to even consider lowering your assessment. The bar for successful appeals has been raised.

But there is good news: You can get good relief in this environment. But we need your help to do so. Here’s what you can do to make it easier for us to get the best results for you.

• Get us documents in 7 days. We only have 30 days to file an appeal with all evidence, including appraisals. By the time we write you to request documents, a week has already passed. Many of our clients send us their evidence within days of the appeal deadline. That doesn’t give us enough time to do a good job. Please give us all documents within 7 days so we can do the best job for you.
• Give us all the documents we ask for. During the appeal process, the assessing officials ask for certain documents. If you don’t provide all of them, they may deny your appeal because of a lack of complete evidence. They have a huge caseload. They’re very busy and get quite frustrated if they aren’t given all documents that their rules require. When they’re faced with inadequate evidence, the easiest thing to do is deny your appeal. Don’t let that happen. 
• Be legible and complete. We often receive documents that have been xeroxed to the point of being unreadable, have illegible handwriting or are incomplete. If the assessing officials can’t make sense of a document, it’s as if you submitted nothing. You probably won’t win your appeal.
• Make sure the documents are correct. The assessing officials are scrutinizing documents and comparing them to what you’ve submitted in prior years. They’re looking for inconsistencies. When documents appear to be misleading or incorrect, they aren’t considered and your appeal will probably be denied. Make sure the documents you provide are truthful, correct and complete – especially rent rolls, vacancy affidavits and profit-and-loss statements.
• Approve appraisals in 3 days. If we ask you for authorization to order an appraisal, it’s because we think one is necessary. We believe it’ll result in tax savings that are significantly more than the cost of the appraisal. We need to order them quickly to obtain them during the Assessor’s strict 30-day filing window. So, please authorize appraisal requests within 3 days.

The bottom line: Get your documents to us fast
The odds of you winning your tax appeal and reducing your property taxes are much higher if you provide us with correct, complete and legible documents within 7 days. And, the reverse is true, of course.

Please help us to help you by giving us all the documents we request within 7 days.

Our staff thanks you!!

You may have heard that property taxes on commercial properties in Cook County are on the rise. But you may not know why this is happening or what you can do about it.
 
As part of a new series of messages that aims to reveal the truth about property taxes, we’re going to take a closer look at this situation. We’ll tell you what’s going on and arm you with the knowledge you need to lower your property taxes.
 
What happened?
 
In Cook County, the Assessor and the Chicago Tribune have been vocal in their belief that commercial property owners have not been paying their fair share of taxes, causing homeowners to pay more. There’s also a growing public mindset that the wealthy should pay a greater share of taxes.
 
As a result, we have seen commercial assessments skyrocket, with little relief coming from appeals to the Assessor, but with significant adjustments coming from the Board of Review.  But overall, commercial assessments have risen much more than in past years and the commercial tax base is growing.
 
The impact
 
As a result of these trends, commercial property taxes are rising in Cook County. In addition, the tax appeal process has been steadily becoming more challenging to navigate. Due to a barrage of criticism from the Assessor and the press, assessing officials are overreacting and asking for more (and sometimes unnecessary) documentation and records to justify tax relief. Their mindsets have changed. They are simply less willing to grant as much relief as they have in the past.
 
The bottom line is that outcomes of appeals have become less favorable and predictable than in the past.
 
Here are your options in Cook County to get maximum relief from high commercial property taxes:
 
1. The Cook County Assessor’s office. The current Assessor is steadfastly defending his assessments and denying most commercial appeals. So you may not find much relief here. Many attorneys are bypassing appeals to the Assessor altogether. We continue to file appeals with the Assessor’s office but are being more selective.
 
2. The Cook County Board of Review. Fortunately, the Board is granting substantial relief to commercial property owners, although not as much as in the past. This makes the Board the most valuable appeal route. But, unfortunately, because of the huge assessment hikes coming from the Assessor and capped relief from the Board, commercial assessments are growing more than in the past.
 
3. The State of Illinois Property Tax Appeals Board or Circuit Court. Taxpayers have a third option: filing appeals to the State of Illinois Property Tax Appeals Board (PTAB) or Circuit Court. If you win here, you’ll be rewarded with a tax refund plus interest. You have greater leverage in these third-level appeals – especially if you are willing to take a case to trial – and a better opportunity to secure a fair tax bill. This makes these level 3 appeals extremely valuable, but they take more time to resolve.
 
What can you do about it?
 
The assessment environment has changed. Old approaches are increasingly ineffective. To achieve a fair tax bill, you need a knowledgeable attorney with a strategic plan designed to work in today’s environment. Here are three factors to keep in mind for best results:
 
First, your attorney should be aware of how the environment is changing and what can be done to win in it. 
 
Second, your attorney should know the law and appraisal theory, as well as how to use those tools to your advantage. They must be willing to appeal relentlessly through all stages of the appeal process.
 
Finally, you need to stay the course, be patient and have reasonable expectations of what success looks like today. You may not get as much relief from the Assessor as in years past. You should get good relief from the Board, but your assessment today may grow more than in the past. And, you may need to pursue third-level appeals to get the relief you truly deserve.
 
The right legal partner can help you develop a strategic plan designed to achieve success in today’s environment, relentlessly pursue fair taxes on your behalf and guide and educate you each step of the way.
 
Stay tuned for more common-sense advice on how to get the best results in today’s challenging tax environment.

Joanne Elliott is moderating a panel discussion on Real Estate Tax Incentives in #CookCounty. Too often, the opportunity to secure an #incentive is missed due to lack of knowledge. Don’t miss your (or your client’s) opportunity to secure 60% tax savings, click here.

Panelists include: Brian Liston, Melissa Whitley, Lauren Elliott, Cook County Assessor’s Office – Tatia Gibbons, Ira Horwitz and Dominick Spalla, Cook County Bureau of Economic Development – Sheryl Stewart-Caldwell, South Holland – John Watson, Jr., Village of Schaumburg – Matt Frank, and Brown Commercial Group – Trinity Scurto.

We hope you can join us!

Elliott Associate Request for Reissuance of Fund Check  Form

You may receive a notice from the Assessor stating that your assessment is being reduced due to COVID but that may not mean a reduction in your tax bill. Why? Read the full Crain’s article here.

UPDATED 11/19/2020 – If you are not a Crain’s member, Alby Gallun, the author of the article, also was interviewed in a podcast. You can click here to listen.

Leading Lawyer magazine names Elliott & Associates partner Mike Elliott #5 Real Estate Tax attorney in Illinois and #3 in the Suburban Real Estate category.

Super Lawyers selects Elliott & Associates attorney Lauren Elliott to the Illinois Super Lawyer Rising Star list for the second year In a row.  

Question:
Do I need an appraisal?
​
Answer: 
Appraisals can be useful in winning a tax appeal case.  But, they are not always necessary. 
 
Let us explain what we do to avoid incurring unnecessary appraisal costs and when buying an appraisal might be in your best interests.            
 
There are several legal arguments for winning a tax appeal case. These include correcting inaccurate assessment records, proving lack of uniformity of assessment, providing arguments about market value, and requesting equitable relief, such as vacancy.           
 
√ Appeals involving inaccurate assessment records and uniformity of assessment claims do not speak to the market value of your property.  So, appraisals are not necessary in these cases.            
 
√ Appeals that seek relief for vacancy likewise are not concerned with the market value of your property, and, appraisals are not needed in these cases either.             
 
√ But, in situations where the market value of your property is at issue, an appraisal could help prove what the true value of your property is. 
 
In some cases, we are able to prove market value by submitting documents showing what you paid for your property recently, evidence of comparable sales or an analysis of the income your property generates (if applicable).  In these cases, we can often obtain substantial reductions without incurring appraisal costs.      
 
But, if the case is complicated, the tax dollar dispute is large, or there is no good evidence of value we can put our hands-on, it may be advisable – and cost-effective – for you to obtain an appraisal.       
 
We always obtain a preliminary value estimate from a licensed appraiser.  We then prepare a cost-benefit analysis showing what the appraisal will cost and how much we believe you can save net of all costs.               
 
When we present a cost-benefit analysis to you, the answer will be pretty clear.           

Question:
Why should I appeal to PTAB versus Court?
​
Answer: 
There are several reasons why you would appeal to PTAB instead of Court, and vice-versa. 
 
Let us explain what they are.    
 
PTAB is considered to be a poor man’s Court.  It does not charge a filing fee and is taxpayer-friendly. 
 
The burden of proof at PTAB is often lower than the burden of proof in Court.  In most PTAB cases, the taxpayer needs to prove its case by a preponderance of the evidence.  That means if you put your evidence on the scales of justice with the Assessor, you will win if your case is a feather heavier.  This is an easier burden of proof.   
 
But, in Court cases, you must prove your case by clear and convincing evidence.   That is a much more difficult burden.               
 
PTAB is a great place to be if you want to try your case.  They operate under relaxed rules of evidence, while the Court requires strict rules of evidence.  This means Court cases are more difficult, and costly, to try.  As a result, few Court cases actually proceed to trial.           
 
It is also possible to have PTAB decide your case without a trial.   These wills shortcut the process, saving you time and money.      
 
But, in some cases, it’s better to appeal to Court ….        

• As a result of budget cuts, PTAB is backlogged.  This means it could take a while for your case to be decided.              
• To resolve this backlog, PTAB is encouraging taxpayers and assessing officials to settle cases.  Fortunately, this effort is working and the case backlog is starting to shrink.
• In PTAB cases, taxing bodies have the right to intervene and become an opponent.  This often happens in larger cases.  But, while interveners can be a nuisance and reduce the settlement value of your case, with good evidence, we can often prevail.    
• PTAB can decide your case one of three ways.  They can reduce your assessment.  Deny your appeal.  Or, increase your assessment.  The Court does not have the authority to increase your assessment.   And, while PTAB has this right, it is rarely used.   Careful lawyers avoid this problem by not taking a weak case to PTAB.  

There are a number of reasons why you might appeal to PTAB versus the Court.  We evaluate every case with these reasons in mind.  Our recommendation is ultimately based on the facts and circumstances of each case and where we believe our clients will obtain the best, most cost-effective, and prompt relief.