Abatement Appeals
Unbeknown to many people is the fact that the Colorado property tax statutes offer multiple avenues for a property owner to appeal their assessed valuations utilized in property taxation. The most common method is the appeals process that occurs when the county assigns new values on May 1 of odd numbered years. However, if you did not appeal your taxes during this initial appeals period, you may file a Petition for Abatement at any time, but you may only receive a refund for overpayment of the current and prior years taxes, covering a maximum of two years. The Abatement process offers property owners a second chance to achieve equality and fairness in property taxation.
Roger Pack and Eagle County Tax Appeal have helped many clients achieve tax refunds through the Abatement Petition process. We may be able to help you receive a tax refund, all at no up-front cost or risk to you.
Please be advised that if you filed an appeal on your own behalf or with another tax agent in 2021 or 2022, you are not eligible to file for Abatement.
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If you think your property was over-valued in 2021 and/or 2022, we can investigate an Abatement appeal on your behalf. No up-front fees are required, as our compensation is based solely on a contingent fee of any tax savings achieved. If a refund in taxes is achieved in the Abatement process, you will be obligated to pay 38% of the total tax savings. This offer is risk-free to you. You only pay us a fee if we are successful obtaining a partial refund of your 2019 & 2020 property tax obligation.
Timing is Important!
Under Colorado law, you may only appeal for the prior two years. As a result, the time frame to file an appeal is from January 1, 2023 through December 31, 2024. There are only three documents that you need to sign and fax back to us the order form, the Property Tax Abatement Consultant Agreement, and the Agent Assignment and Verification form.
How the Abatement Process Works
After receiving your order, we will perform analysis to determine if the values assigned to your property for the 2019 and 2020 tax years are over-stated. If it is determined that an appeal is justified, a Petition for Abatement will be filed with the Eagle County Assessor. We will prepare a formal appeal report and will represent you through the entire abatement process. Following is a summary of the various steps involved in the process:
STEP 1: The Assessor will assign an appraiser to consider the data provided. Review of your property may be required before a recommendation of approval; partial approval or denial can be made.
STEP 2: If the amount of the abatement petition is less than $1,000 per year per property, and the Assessor agrees that an abatement is warranted, either whole or in part, a stipulation agreement will be submitted for acceptance. If we do not agree to the stipulation, the petition will go to Step 3.
STEP 3: A hearing on the petition will be held. Notification of the hearing will be provided two weeks in advance of the hearing. The County Commissioners will then approve or deny the petition. If the abatement is denied, we have the right to petition to the Board of Assessment Appeals. This hearing will require preparation of an in-depth report and testimony in front of the Board, who are qualified in the field of real estate appraisal.
STEP 4: If the abatement is $1,000 or more, the abatement must go to the Property Tax Administrator. The Administrator will then approve or deny the Board of County Commissioner decision.
STEP 5: When the Treasurer receives the completed petition, it then becomes effective. The abatement amount will be mailed to you as a refund or forgiven, if taxes are not yet paid.
The entire process takes from 3 to 5 months, but no more than 6 months.
Always pay your taxes in a timely manner, even if you think an abatement will be granted, as interest and penalties will accrue.
Eagle County Tax Appeal is an affiliate of Pack Appraisal Company specifically created to provide tax appeal services. Our Tax Appeal Reports are not formal appraisals, since we offer our clients the capability to pay for our services via a contingent fee of the tax savings. While contingent fee payments are not allowed in the appraisal profession, the state of Colorado allows tax agents to utilize them in tax appeals, as taxpayers often prefer this type of payment option.
Please email or call us if you have any questions about your Abatement appeal. We can discuss the details and issues of your situation.