A Guide to Understanding the Property Tax Process
The Basics
Property
taxes are local taxes. Local officials value your
property, set your tax rates, and collect your taxes. However, Texas law governs how the process works.
In Taylor County, property taxes are based on tax
rates set by the various local governments (taxing units)
that levy a tax and on the value of the property. The valuation
or appraisal process, which is performed by the Taylor County
Appraisal District, serves to allocate the tax burden among
property owners.
The property
tax provides more tax dollars for local government services
in Texas than any other source. Property taxes
help pay for public schools, city streets, county roads,
police, fire protection, and many other services.
Contents:
Constitutional Standards
How
Does The System Work?
What
Is The Taxpayer's Role?
Appointing An Agent
Setting The Tax
Rates
Collection Questions
How To Get
More Information
Constitutional Standards
The Texas
State Constitution sets out five standards for the property
tax.
- Taxation must
be equal and uniform. All property must be valued and taxed in an equal
and uniform manner. This provision, which is an equity
standard, helps ensure that no single property or type
of property pays more than its fair share of taxes.
- With some exceptions,
all tangible property must be taxed on its January 1
market value. The exceptions include certain agricultural; timber;
and recreational, park, and scenic land subject to special
appraisal. A property's market value is the price for
which it would sell when both buyer and seller want the
best price and neither is under pressure to buy or sell.
- All property
is taxable unless federal or state law provides an exemption
for it. An exemption
excludes all or part of a property's value from taxation.
- Property owners
have a right to reasonable notice of increases in appraised
property values.
- Each property
in a given appraisal district must have one appraised
value. An appraisal
district's boundaries generally follow the boundaries
of the taxing units which are located in it.
How Does the System Work?
There are
three main parts to the property tax system in Texas:
An appraisal district in each county sets the value
of taxable property each year. The chief appraiser is
the appraisal district's chief administrator and is responsible
to a board of directors for its operation.
An appraisal review board (ARB) settles any disagreements
between you and the appraisal district about the value of
your property.
Local taxing units, including the county, cities, school
districts, and special districts, decide how much money they
will spend each year. This in turn determines the tax rate
they need to set and the total amount of taxes that
you and your neighbors will pay.
The system
has four stages: valuing the taxable property, protesting
the values, adopting the tax rates, and collecting the taxes.
January 1
marks the beginning of property appraisal. What a property
is used for on January 1, market conditions at that time,
and who owns the property on that date determine whether
the property is taxed, its value, qualifications for exemptions,
and who is responsible for paying the tax.
Between January
1 and April 30, the appraisal district processes applications
for tax exemptions, agricultural and timber appraisals, and
other tax relief. Around June 15, the appraisal review board
begins hearing protests from property owners who believe
their property values are incorrect, or who feel they were
improperly denied an exemption or agricultural/timber appraisal.
The ARB is an independent panel of citizens responsible for
handling protests about the appraisal district's work. When
the ARB finishes its work, the chief appraiser gives each
taxing unit a list of taxable property known as the appraisal
roll.
Usually in
August or September, the elected officials of each taxing
unit adopt tax rates for their operations and debt payments.
Typically, each property is taxed by several taxing units.
For example, every property in Taylor County is taxed by both the county and a
school district. Taxes may also be payable to a city or special
district.
Tax collection
starts in October as tax bills go out. Taxpayers have until
January 31 of the following year to pay their taxes. On February
1, penalty and interest charges begin accumulating on most
unpaid tax bills. Taxing units may start legal action to
collect unpaid property taxes once they become delinquent.
What is the Taxpayer's Role?
You can play
an effective role in the process if you know your rights,
understand the remedies available to you, and fulfill your
responsibilities as a property owner and taxpayer.
Know Your Rights:
·
You have the right to equal and uniform tax appraisals. Your
property value should be the same as that placed on other properties
that are similar or comparable to yours.
·
Unless your property qualifies for special appraisal, such
as for agricultural land, you have the right to have it taxed
on its January 1 market value.
·
You have the right to receive all tax exemptions or other
tax relief for which you qualify.
·
You have the right to notices of changes in your property
value or in your exemptions.
·
You have the right to know about a taxing unit's proposed
tax rate increase and to have time to comment on it.
Understand Your Remedies:
·
If you believe your property has been appraised for more than
its January 1 market value, or if you were denied an exemption
or agricultural appraisal, you may protest to the appraisal
review board. If you don't agree with the review board, you
may take your case to court.
·
You may speak out at public hearings when your elected officials
are deciding how to spend your taxes and setting the tax rate.
·
You and your fellow taxpayers may limit major tax increases
in an election to roll back or limit the tax rate.
Fulfill Your Responsibilities:
·
You must apply for exemptions, agricultural appraisal, and
other forms of tax relief before the deadlines.
·
You must see that your property is listed correctly in the
appraisal records. If your property is omitted from the records
and escapes taxation, it becomes subject to a back assessment.
In the event a back assessment occurs, special omitted property
interest at the rate of 1 percent monthly may be due in addition
to the taxes. Back assessments may cover up to five prior years
in the case of real property (land and improvements), and up
to two prior years for business personal property.
·
If you own tangible personal property used for the production
of income (business personal property), you must annually render
it to the chief appraiser. Personal property which escapes
taxation because of failure to render becomes subject to back
assessment when discovered by the appraisal district.
·
You must pay your taxes on time.
Appointing an Agent
You
may represent yourself in any property tax matter. Or,
you may appoint
a representative -- commonly called an "agent" --
to handle specific duties. You don't need an agent to file
for exemptions, such as those available to homeowners, disabled
veterans, and charitable or religious organizations -- just
get an application form from the appraisal district.
To
appoint an agent, you must give that person written authorization
to represent you. You must use a special "Appointment
of Agent" form available from the Taylor County Appraisal
District or State Comptroller's Office. No form is necessary
if the person is your attorney, employee, or a person who
is simply acting as a courier. With limited exceptions, agents
who represent property owners for a fee must be licensed
by the Texas Department of Licensing & Regulation in Austin.
The agent
may represent you in one or more areas that you designate
on the form: to file notices of protest, to present your
case before the ARB, to negotiate on value disputes, to receive
notices or tax bills, or to handle any other specific action.
Or, the agent may represent you for general property tax
purposes.
The special
form asks for a date when your authorization to this person
ends. If you don't give an ending date, the agent continues
to represent you indefinitely until you file a statement
with the appraisal district ending the appointment or you
appoint a new agent.
By law, the
appraisal district cannot recommend or refer you to a tax
agent.
Setting the Tax Rates
Once the
appraisal review board approves the appraisal records, the
chief appraiser prepares and certifies an appraisal roll
for each taxing unit. An appraisal roll lists the taxable
property within the boundaries of the taxing unit.
In August
or September of each year, the governing body of each taxing
unit adopts a tax rate which, when applied to the total taxable
value of all property which is taxable by that unit, produces
a tax levy sufficient to meet the unit's budgeted revenue
needs.
Collection Questions
The appraisal
district usually mails tax bills in October. The normal delinquency
date is February 1, but may be later depending on when the
tax bill is mailed. If February 1 is drawing near and you
haven't received a tax bill for the prior year, contact the
appraisal office. Find out how much tax you owe and make
sure your correct name and address are on file with the appraisal
district.
In any event,
the law allows you at least 21 days to pay after a tax bill
is mailed to you. If your bill is mailed after January 10,
the delinquency date is postponed. You have until the first
day of the next month that will provide at least 21 days
for paying the bill. So, if the taxing unit mails your tax
bill on January 15, your taxes don't become delinquent until
March 1. The delinquency date is printed on the bill.
Regular penalty
charges may be as high as 12 percent, depending on how long
the tax remains unpaid. Interest is charged at the rate of
1 percent per month, and interest continues to accrue as
long as the tax remains delinquent. There may also be an
additional 15 percent penalty added if the taxing unit hires
a private attorney to collect the delinquent taxes.
Texas law
requires you to comply with tax payment requirements before
delinquency if you plan to file motions with the appraisal
review board alleging failure of the appraisal district or
ARB to send you a required notice, if you file a pre-delinquency
motion asking correction of a substantial error (an over
appraisal of at least 1/3), or if you plan to appeal an appraisal
review board determination to district court. In these instances,
you must pay the amount of taxes due on the portion of the
taxable value of the property that is not in dispute or the
amount of taxes imposed on the property in the preceding
year, whichever is greater; or the amount of taxes due on
the property under the order from which the appeal is taken.
How to Get More Information
Additional
information regarding functions handled by the Taylor County
Appraisal District is available on this Internet site. The
appraisal district can answer your questions about property
values, exemptions, agricultural or timber appraisal, and
protests to the appraisal review board.
Employees
of the District can also answer questions about tax rates
and tax bills. Most property tax records are open to public
inspection. The appraisal district's information and assistance
center has computer terminals available for public use, and
can also provide appraisal
and exemption related information in hard copy form.