The Taxman Cometh:
Don't Pay Him Too Much

by Jay Kanter, Realty Tax Consultants

Educate Yourself ׀  Research  ׀  See the Code  ׀  Chart It

Ouch! You recently paid your property taxes and your facility just completed its worst year (maybe two years) in memory. Looking back, you realize that both your valuation and your taxes have been steadily climbing. What’s causing it and what are you going to do about it for 2004? It’s not too early to start the process of beating the taxman. While you can’t reduce tax rates, you can reduce your valuation assessment from your county Appraisal District (AD).

Educate Yourself
The very first thing you should do is to confirm that your facility information on the tax roll is correct. The second item on your agenda should be to speak to a commercial appraiser at your county AD to determine what the guidelines are in valuing a (not specifically your) self-storage facility. Does their income approach model provide for rental income on a per square foot basis (PSF)? Is the expense factor based on a percentage of income or PSF of building? What vacancy rate does the AD allow? What is the capitalization rate used by the district? If the district uses 10%, it’s unlikely you’ll be successful using a 14% rate.

Research
The next item in the process is to research the valuation of your facility in comparison to your competition. Is the facility across the street offering four months free on a six-month lease? Better yet, research as many facilities as necessary in your area to make your case. This can usually be done via the Internet, on the AD web site. Learn as much as possible about each facility. When you call a competitor, tell the manager the exact purpose of your call—you are trying to reduce the tax valuation of your facility and you need their help. Some won’t help, but most will. Lowering taxes is good business for them as well.

Chart It
Make a chart showing all of the pertinent facts of each facility including your own, including but not limited to, the address, the assessed valuation, number of units, rental rates, occupancy, year built, type of construction of building and driveways, and rent promotions. Add columns for the calculation of the improvement cost PSF and another for the land cost PSF. Get pictures of both your facility and of your competitors.

See the Code
The Texas Property Tax Code, which I will refer to as simply "the Code," (found at
http://www.capitol.state.tx.us/statutes/txtoc.html) is about 1.75 inches thick. While it isn’t great bedtime reading, it is the basis for everything regarding property taxes. The Code provides for the three approaches to the value: market data comparison, cost and income approaches. The Code also provides that in each instance, "the most appropriate appraisal approach" to determine the "market value" is to be used. Each property shall be appraised based upon the individual characteristics that affect the market value.

We’ve all heard about "market value." According to the Code, it is "the price at which a property would transfer for cash or its equivalent under prevailing market conditions if:

(A) exposed for sale in the open market with a reasonable time for the seller to find a purchaser;

(B) both the seller and the purchaser know of all the uses and purposes to which the property is adapted and for which it is capable of being used and of the enforceable restrictions on its use and;

(C) both the seller and purchaser seek to maximize their gains and neither is in the position to take advantage of the exigencies of the other."

If your facility is new and has not had a chance to develop an income stream, the cost approach may be the most appropriate. A protest should include information as to the actual cost, including copies of your land closing statement and construction contracts. However, a market comparison may indicate that while your property is new, the valuation of other properties may allow your valuation to be reduced to be more in line with comparable properties. The Code provides that your facility’s valuation must be equally assessed with comparable properties. (Remember the chart outlined above?) However, the AD compares only those facilities in your county. Facilities in nearby counties are not relevant.

In most cases, (I’d say 95% of the time) the income approach is the most appropriate method of valuation. When you go in for your informal meeting with staff, the appraiser will always look to his sales comparables, regardless of their sale date in an effort to use this information as an appropriate approach and to defend their position. You should know these comps, but keep your focus on income, expense and the capitalized value!

The Code provides that you should supply rental income along with expense data pertaining to the property. It is suggested that you prepare two to three years of income and expense (I & E), if possible. Pay close attention to "rental income." Perhaps rental income should not include miscellaneous income from the sale of locks, boxes, insurance, etc. Perhaps other fees should be excluded as well. Is each of these items really attributable to the real estate, or should they be attributed to the business? Consider setting up another company to handle item sales so that they will not be included in the I & E statements. In addition, consider the result if you charged neither late fees nor registration fees. Rental income is just that...rental income! Income as it relates to the appraisal of real property differs from that as it relates to Uncle Sam. The two should not be confused.

With respect to the income approach, you may not include interest or depreciation in your I & E. However, the rules of appraisal require that you do include reserves for replacements. Improvements do wear out. Some ADs argue that reserves should be included in maintenance and repairs. I argue against this position every year and believe it is a proper separate line item. If the item, say the roof, is replaced in a given year, you may not expense the entire cost in that year. ADs have amortization schedules that apply to capital expenditures. If you have such a cost, determine how your county AD treats that particular item and act accordingly.

The final step is capitalizing the net operating income at a fair market rate to achieve your value. Your "cap" rate may differ from that of the AD. They have guidelines, but you know the market! With respect to your tax valuation, you should consider compromising the valuation somewhere between your value and that of the AD.

The other item that requires your attention is personal property. In every case personal property is germane only to your facility. Collect data on your facility’s personal property including furniture, fixtures and equipment in the manager’s living quarters that is owned by the facility. This would include all kitchen and laundry appliances. In the office it would include the computer, printer, monitor, surveillance equipment, show (golf) carts, and anything else that is not attached to the real estate. From the date of acquisition, apply the depreciation schedule obtained from the AD to the actual cost. List the items and be certain you render them by April 1st of each year. I have saved owners a lot of money by bringing their personal property valuation up-to-date. The biggest single item is usually the golf cart.

Finally, I want to share with you a cartoon that recently appeared in the Dallas Morning News. It was "The Wizard of ID" by Brant Parker and Johnny Hart. A guard is in the castle turret asking "Who goes there?" The reply from the unseen visitor was, "The Tax Collector." The guard asked, "What do you want?" and the reply was, "Whatever you’ve got left!"….Let’s not give it to ’em!

Hopefully, this will help you cut your taxes. Please note that the above information reflects my opinion and should be used only as a guide.

Jay Kanter has been a tax consultant since 1986. He is the General Partner of a facility in Irving, TX and represents several self-storage facilities throughout Texas.

Jay A. Kanter Realty Tax Consultants
A division of Kanter Company
Telephone: (972) 991-4000
Fax:(972) 991-4002 fax
realtytax@sbcglobal.net