The Common Law

Crazy high property taxes? File a protest.

My property taxes skyrocketed this year. I know the market has been hot, but there's no way the value of my house appreciated more than 50% in 12 months. It has been a while since I've protested – how do I file the protest?

Did you experience sticker shock when you opened your recent property appraisal? You weren't the only one. Travis Central Appraisal District (TCAD) increased the value of residential homes by an average of 56% (commercial properties increased 54% on average). TCAD representatives attribute this dramatic increase to supply (low) and demand (high).

You should protest your home's appraised value if you believe the valuation exceeds market value. Think of your property tax protest against an overly high valuation as a means of performing financial maintenance. It's important to protect the affordability of your home by protesting unreasonably high property taxes.

Your first step is to file a written protest. The deadline to file the protest with Travis County for the 2022 protest season is May 16, 2022. The fastest way to file and manage your protest is by filing online (traviscad.org/efile). You will receive immediate confirmation that your protest has been filed. The online account also allows you to upload comments and evidence, review TCAD evidence, and accept or decline any TCAD settlement offers.

You can also snail mail your protest to TCAD (PO Box 149012, Austin, TX 78714-9012). Your written notice of protest should (at the minimum) identify the owner, the property being protested, and clearly indicate that you disagree with the TCAD's determination of value. One way to submit your written protest is to download and submit the "Protest Form" (Form 50-132) provided by the Texas Comptroller's Office. You can also drop off the written protest in person (850 E. Anderson).

You should check to confirm that you are receiving the homestead exemption, which could lower your overall property tax burden. To qualify for a residential homestead exemption, the owner must be a person (i.e., corporations or other business entities are not eligible for homestead exemptions) and use the home as the principal residence on January 1 of the tax year. As of 2022, a property owner can qualify for a pro-rated homestead exemption as of the date they own and occupy the property if the property was purchased after Jan. 1, 2022.

The Texas Comptroller's Office also suggests a property owner consider other factors to determine whether a protest would be appropriate, including:

• Is the property valued unequally when compared with other property in the appraisal district?

• Do the appraisal records show an incorrect owner or identify the wrong property?

• Is the property being taxed by the wrong taxing units (e.g., the tax records show the property in the incorrect school district)?

Check out next month's Common Law column for tips on how to prepare a strong argument for a tax value protest.

[Editor's Note: This story was updated to clarify that the Notices of Appraised Value, which were recently sent to property owners, are not tax bills. Also, that as of this year, homeowners can qualify for a pro-rata homestead exemption as of the date they bought the property.]

Please submit column suggestions, questions, and comments to [email protected]. Submission of potential topics does not create an attorney-client relationship, and any information submitted is subject to being included in future columns.

Marrs, Ellis & Hodge LLP, www.mehlaw.com.

The material in this column is for informational purposes only. It does not constitute, nor is it a substitute for, legal advice. For advice on your specific facts and circumstances, consult a licensed attorney. You may wish to contact the Lawyer Referral Service of Central Texas, a non-profit public service of the Austin Bar Association, at 512-472-8303 or www.austinlrs.com.

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