Tax Sale Isn’t an Arm’s Length Sale

Again on the topic of property tax assessments, the Court of Appeals issued a ruling that a purchase at a tax sale doesn’t qualify for the one-year purchase price freeze. The opinion is here. Typically when a person buys a house, the maximum tax assessed value for the following year will be the purchase price. The appellant in this case purchased properties at tax sales and argued that the assessment should be equal to the amount paid at the tax sale.

Tax sales occur when a property owner is delinquent on his or her property taxes. When a buyer purchases the property at a tax sale, the property owner is allowed up to a year to redeem the property by paying the tax sale purchaser the amount paid at the tax sale plus a percentage. If anybody is interested, the Richmond County properties that will be sold at the upcoming tax sale can be found here.

As the court noted, the purchaser at a tax sale doesn’t receive fee simple title to the property. In short, the Court reasoned that tax sales do not reflect a fair market valuation of the property and are irrelevant with respect to the statute freezing the assessment at the purchase price.

I agree with the Court’s opinion. The intent of the statute is to tax property at the fair market value and tax sales normally do not come close to bringing what a property is actually worth on the market. I am surprised the appellant went all the way to the Court of Appeals with this argument.

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The Augusta Tax Hike and Your Property Assessment

On July 28th I commented on the millage rate increase passed by the Augusta Commission. After what was apparently a strong showing of displeasure by the taxpayers, the Commission voted no to the tax increase.

What changed? Mary Davis and Donnie Smith, who voted in favor of the increase less than a month ago, did not support the increase yesterday. I have found no public comment regarding the change of heart.

Some people have commented that instead of raising the millage rates to increase tax revenue, the county assessor should reassess and increase the value of  properties. Last year when I appealed my tax assessment (successfully) I got a first hand look at how the assessor’s system works.

Pursuant to the relevant statute, the property is supposed to be assessed at its fair market value on January 1.  In preparing my appeal, I looked at all the sales in my neighborhood over the last several years and the values at which the houses were assessed.

By looking at the MLS and other online listings and comparing those listings to the property records kept by the assessor’s office it was apparent that the assessor’s office does not have accurate information on MANY houses in the neighborhood. Numerous houses have second levels or other amenities which are unaccounted for by they assessor’s office.

By adding the unaccounted for square footage, the city would stand to gain a significant amount of money without raising the millage rate. This could be effectuated by simply comparing the tax assessor’s records to the for sale listings online.

That brings me to my second point:  The assessment for many houses (not the ones with unaccounted for square feet) is already well above the house’s fair market value. Fair market value is defined as “the amount a knowledgeable buyer would pay for the property and a willing seller would accept for the property at an arm’s length, bona fide sale.” O.C.G.A. Section 48-5-2(3).

After studying the sales in the neighborhood and comparing them to the assessed values of the properties, it is apparent that the tax assessor already assesses most properties above their fair market value. To advocate for a blanket increase of assessed values is simply wrong.

In short, the people who believe another way of going about the tax increase would be to increase the assessments of properties have it right with respect to increasing the accuracy of the property records. However, many, if not most, properties are already assessed above their fair market values.

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Richmond County Tax Hike

The Augusta Chronicle reported today that the Augusta Commission is poised to raise the County Maintenance and Operation portion of the property taxes by roughly 25%. Read the article here. The article points out that while Columbia County’s tax rate is much lower, the new Richmond County rate will be lower than rates in Fulton, Bulloch, Chatham, Dougherty, Bibb, Clarke, and Muscogee. While this is technically true,  it doesn’t show is the amount of overall property tax paid in those counties. A look at the millage rates reveals a different picture. The school millage rate in Richmond County is 19.982. Compare this to the other counties listed in the Chronicle’s article. Fulton’s is 18.502, Bulloch’s is 9.95, Chatham’s is 15.881, Dougherty’s is 18.445, Bibb’s is 17.945. Only Clarke and Muscogee Counties had higher education millage rates than Richmond County. So while it is true, that the county maintenance portion of the property tax will be lower than the other counties mentioned, the  overall tax burden in Richmond County is still higher than at least several of those counties (it is also unclear whether solid waste collection is a separate fee in the other counties).

 

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