Seven facts every NJ property owner should
know about property taxes in this state—how they are
determined and your rights to appeal.
-
You appeal the assessment, not
the tax.
In NJ, you don’t appeal your property tax amount.
Instead, you appeal the assessed value of your property
from which your property taxes are derived.
-
The ratio between market value
& assessed value is the critical issue.
Although declining home values have led to a situation
in which many homes are assessed at more than their true
market value, you may successfully appeal the assessment
even if that is not the case.
In 1973, the NJ Legislature adopted a formula known as
Chapter 123 to test the fairness of a property assessment.
If the ratio of assessed value to true value exceeds the
average ratio (also known as the director’s ratio)
by 15% or more, the assessment is reduced to the common
level, i.e., the director’s ratio.
Every municipality has a director’s ratio. This
ratio varies from community to community and changes each
October 1 for the following year. For example currently
in Trenton, the director’s ratio is 61.38%. So any
house in Trenton that is assessed at more than 70.59%
of its market value qualifies for a reduction.
In the case of a community-wide
reassessment, the assessed value must be 100% of true
market value.
-
The burden of proof lies with
the tax payer.
Under NJ law, the assessment is assumed to be correct.
It is up to the tax payer to prove otherwise. In order
to do this, you must:
• Know the ratio in your community
• Provide credible evidence that the assessment
exceeds the highest level ratio of true market value as
of the preceding October 1. Credible evidence is:
o The sale prices of comparable properties in your area
o Expert testimony by a licensed appraiser
• Submit your evidence to the tax board and the
assessor at least 7 days prior to the hearing (if required).
-
You must file your appeal by
the appropriate deadline.
The deadline is:
• April 1 of the tax year
• 45 days from the bulk mailing of assessment notices,
or
• May 1st of the tax year if there has been a community-wide
reassessment
-
The tax board renders its formal
decision at an appeal hearing.
Tax appeal hearings are typically held within three months
of the filing deadline. If you have reached an agreement
with the assessor prior to the hearing, you may not be
required to attend. If you have not reached an agreement
in advance, you must attend; otherwise your appeal will
be rejected for “lack of prosecution.” If
you use expert testimony, your expert must also appear
at the hearing.
-
If the tax board rejects your
appeal you have the right to file a further appeal with
the Tax Court of New Jersey.
If you choose to file a further appeal with the Tax court,
you must do so within 45 days from the date the tax board
judgment was mailed to you.