New Jersey Real Estate Tax Appeals

The burden of proof is upon you!

A NJ taxpayer considering an appeal should understand that he/she must prove that his/her assessed value is unreasonable compared to true value in the real estate market.

By law, your current property tax assessment is assumed to be correct. You must overcome this presumption of correctness by evidence to obtain an assessment change. Source: A Guide to Tax Appeal Hearings, State of New Jersey.

If you feel your New Jersey property taxes are too high due to an inaccurate assessment, you have a right to file a tax appeal to your county tax board to seek a reduction of your property's assessed value. Doing so saves individuals and businesses thousands of dollars per year or more.

We can provide experienced legal representation for people and businesses throughout the state of New Jersey who are over-assessed. Our NJ tax appeals attorneys assist clients with:

·       Residential Tax Appeals

·       Commercial Tax Appeals

·       Tax Appeal Applications 

·       Assessed Value Litigation 

·       County Tax Appeals

·       State Tax Appeals   

If you need to speak with a New Jersey attorney about a residential or commercial property tax appeal, we encourage you to contact Fredrick P. Niemann at fniemann@hnlawfirm.com or call him at (888) 800-7442 to schedule a free consultation with an attorney at our firm.

How do I know if I am over-assessed and eligible for a tax appeal? In order for a property tax assessment to be deemed excessive or discriminatory, a taxpayer must prove an assessment does not fairly represent one of the two standards: 

Following a revaluation, all assessments must represent 100% of true market value as of October 1 of the previous tax year. The October 1 pre-tax date is called the annual "assessment date". All evidence submitted in a tax appeal must be on or near the assessment date, especially property sales used as comparable sales. 

The other standard is the "common level" or common level range established in your municipality. To explain the common level range you must consider what happens following a revaluation or reassessment. Once a revaluation or reassessment is completed, external factors such as inflation, appreciation, and depreciation may cause values to increase or decrease at varying rates. 

Other factors such as physical deterioration may contribute to changes in property values. Obviously, if assessments are not adjusted annually, a deviation from 100% of true market value will occur. 

The State Division of Taxation annually conducts a fiscal year sales survey, investigating most property transfers that occur in your community, with your local assessor assisting. Every sale is compared individually to every assessment to determine an average level of assessment in a municipality.

An average ratio is developed from a sampling of property sales to represent the assessment level in your community. In any year, except the year a revaluation or reassessment is implemented, the common level of assessment is the average ratio of the district in which your property is situated and is used by the Tax Board to determine the fairness of your assessment. The sales ratios are reviewed inter and intra for each municipality.

If your assessment exceeds this ratio by a maximum range, then you may be a candidate for a successful tax appeal.  To discuss whether you can successfully challenge your assessment, contact Fredrick P. Niemann, Esq. at fniemann@hnlawfirm.com or call him at (888) 800-7442.