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Posted by PortStG on January 28, 2007, 5:54 pm
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My home, along with several other structures, are on a 3
acre non-subdivided parcel. Two of the aforementioned
"other structures" were rental houses when the property
belonged to a prior owner and, as such, were split off into
separate Tax Parcels and taxed separately. Since I've owned
the property (6 years), I've used the structures for storage
and not for rental. Even though, from the street, they
still appear to be "houses" at first glance, I'm trying to
convince my Tax Assessor to re-combine the entire 3 acres
and treat the former rental houses as outbuildings, thus
substantially lowering my tax bill. So far I'm getting
nowhere and, unfortunately, haven't been able to find a
specific definition of "house" in the Ad Valorem tax law (my
Tax Assessor doesn't seem to have a definition either, or at
least one he's willing to share).
Other info re the houses, each has its own power meter and I
keep the power turned on for lightning. The other utilities
though, gas and city water/sewer, are not connected.
Neither has a mailbox. Neither has a paved driveway or
designated parking. One has no working bathroom facility,
the sink, the toilet's tank, and the bathtub fixtures have
long since been removed. Both exteriors are well maintained
to keep the neighborhood happy but the interiors would
require substantial repair to make them habitable again.
I'm in MS which, I assume, follows the same or similar
guidelines as other states.
Does anyone here know when a house ceases being a "house"
for Ad Valorem tax purposes and becomes just another
outbuilding?
Thanks in advance,
Port
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Posted by Dick Adams on January 29, 2007, 2:10 am
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PortStG@nospam.invalid wrote:
> My home, along with several other structures, are on a 3
> acre non-subdivided parcel. Two of the aforementioned
> "other structures" were rental houses when the property
> belonged to a prior owner and, as such, were split off into
> separate Tax Parcels and taxed separately. Since I've owned
> the property (6 years), I've used the structures for storage
> and not for rental. Even though, from the street, they
> still appear to be "houses" at first glance, I'm trying to
> convince my Tax Assessor to re-combine the entire 3 acres
> and treat the former rental houses as outbuildings, thus
> substantially lowering my tax bill. So far I'm getting
> nowhere and, unfortunately, haven't been able to find a
> specific definition of "house" in the Ad Valorem tax law (my
> Tax Assessor doesn't seem to have a definition either, or at
> least one he's willing to share).
You wrote they "were split off into separate Tax Parcels and
taxed separately." I would be more concerned with "what is
the definition of a tax parcel" and "how to combine tax
parcels."
Also this is more of a real estate law question than a tax
question. I suggest you repost to both misc.legal.moderated
and misc.invest.real-estate.
Dick
<< ======================================================= >>
<< The foregoing was not intended or written to be used, >>
<< nor can it used, for the purpose of avoiding penalties >>
<< that may be imposed upon the taxpayer. >>
<< >>
<< The Charter and the Guidelines for submitting posts >>
<< to this newsgroup as well as our anti-spamming policy >>
<< are at www.asktax.org. >>
<< Copyright (2006) - All rights reserved. >>
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Posted by PhantMan on January 30, 2007, 11:11 am
Please log in for more thread options Dick Adams wrote:
> You wrote they "were split off into separate Tax Parcels and
> taxed separately." I would be more concerned with "what is
> the definition of a tax parcel" and "how to combine tax
> parcels."
Apparently, a tax parcel is whatever the Tax Assessor says
it is. It's just an administrative thing to make things
simpler for him. His problem with my property is that one
house is owner occupied, therefore taxed at one rate. The
other two are not owner occupied, so they're taxed at a much
higher rate. Technically, he could combine the tax parcels
without changing the rate at which each structure is taxed
but it would complicate his system and it wouldn't do me any
good dollarwise. What I'm trying to do is have the two
houses taxed as outbuildings (storage buildings) which is
what I actually use them for. Outbuildings (barn, garage,
guest house, storage, etc), no matter what their value, are
taxed at a much lower rate.
> I suggest you repost to both misc.legal.moderated
I'll try that next, thanks.
Port
<< ======================================================= >>
<< The foregoing was not intended or written to be used, >>
<< nor can it used, for the purpose of avoiding penalties >>
<< that may be imposed upon the taxpayer. >>
<< >>
<< The Charter and the Guidelines for submitting posts >>
<< to this newsgroup as well as our anti-spamming policy >>
<< are at www.asktax.org. >>
<< Copyright (2006) - All rights reserved. >>
<< ======================================================= >>
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Posted by Stuart A. Bronstein on January 29, 2007, 2:10 am
Please log in for more thread options PortStG@nospam.invalid wrote:
> My home, along with several other structures, are on a 3
> acre non-subdivided parcel. Two of the aforementioned
> "other structures" were rental houses when the property
> belonged to a prior owner and, as such, were split off into
> separate Tax Parcels and taxed separately. Since I've owned
> the property (6 years), I've used the structures for storage
> and not for rental. Even though, from the street, they
> still appear to be "houses" at first glance, I'm trying to
> convince my Tax Assessor to re-combine the entire 3 acres
> and treat the former rental houses as outbuildings, thus
> substantially lowering my tax bill. So far I'm getting
> nowhere and, unfortunately, haven't been able to find a
> specific definition of "house" in the Ad Valorem tax law (my
> Tax Assessor doesn't seem to have a definition either, or at
> least one he's willing to share).
I don't know Mississippi law, but if it's like the law I'm
familiar with the definition of "house" has nothing to do
with it. The issue is actual value of the property - what
would someone pay you to buy it?
That value won't change with how you use the property, but
how someone else could.
Stu
<< ======================================================= >>
<< The foregoing was not intended or written to be used, >>
<< nor can it used, for the purpose of avoiding penalties >>
<< that may be imposed upon the taxpayer. >>
<< >>
<< The Charter and the Guidelines for submitting posts >>
<< to this newsgroup as well as our anti-spamming policy >>
<< are at www.asktax.org. >>
<< Copyright (2006) - All rights reserved. >>
<< ======================================================= >>
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Posted by Dick Adams on January 30, 2007, 11:11 am
Please log in for more thread options > My home, along with several other structures, are on a 3
> acre non-subdivided parcel. ....
I had the property taxes reduced on the last two houses I
purchased based on the price. I got a double reduction on
my current home because the prior owner had been leasing the
basement apartment and that raised the tax rate. In neither
case did I deal directly with the Office of the Tax Assessor,
but went directly to a hearing.
Your case appears to be complicated because the buildings
are separated and could be rented. The "could be rented"
issue was raised at my last reduction hearing. My response
was "Is it the County's policy to tax other homes with
upstairs and downstairs kitchens and bathrooms as apartment
buildings? If it is, some of you may have been underpaying
your property taxes for years."
<< ======================================================= >>
<< The foregoing was not intended or written to be used, >>
<< nor can it used, for the purpose of avoiding penalties >>
<< that may be imposed upon the taxpayer. >>
<< >>
<< The Charter and the Guidelines for submitting posts >>
<< to this newsgroup as well as our anti-spamming policy >>
<< are at www.asktax.org. >>
<< Copyright (2006) - All rights reserved. >>
<< ======================================================= >>
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