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Why Is My Reduction Likely a “Two-fer”

Two Reasons:  1.  The Property Tax Code provides that in the year following a successful protest the Chief Appraiser may not increase the market value of a homesteaded property without “substantial evidence.”  This is a higher threshold than would apply without the prior year’s successful protest.  Property Tax Protest uses this argument successfully; most protesters don’t.

Does the “substantial evidence” rule guarantee that your reduction will survive beyond one year?  Not if an increase is supported by “substantial evidence” which is a term of art.  And art, as we know, is in the eye of the beholder which in this case is the Appraisal Review Board panel that decides on a protest.

But if in the following year the appraisal district reverts your value to its prior year proposed value, then it’s likely there’s no substantial evidence to support the reversion.  Otherwise, the evidence would have supported something other than a simple reversion.  Most who protest don’t use this logic.  We do.

2. Since future value increases are usually calculated as a percentage add on to the prior year’s value (the appraisal district will deny this) any reduction this year also reduces many future years’ values.

 

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