|
|
The local board of review must respond to the petition for appeal
within 90 days of the date it is informed of the appeal. See
Rule §1910.40. The response and documentation in defense of the
appeal normally are prepared by either the chief county assessment officer
or the board of review. The response must be on the prescribed form
and must be accompanied by all written and documentary evidence on
which the board of review intends to rely. The prescribed form is
Board of Review Notes on Appeal. This form requires certain
identifying information for the parcel under appeal. It also provides
space for an explanation of the board of review's opinion of the fair
market value of the subject property and an explanation of the
derivation of the opinion. The board of review can indicate its
willingness to stipulate in the appeal. If the board of review wishes
to settle the matter, space is provided for an indication of the
revised opinion of assessment, an explanation of the board of review's
revised opinion of the fair market value of the subject property, and
an explanation of the derivation of the opinion. Space is also
provided for proof of the opinion basis. The form must be completed to
show land, improvement, and total assessment as assigned by the
assessor and by the board of review.
The assessments must also be adjusted to reflect the application of a
township multiplier when applicable. The Notes on Appeals must be
completed and filed with the Property Tax Appeal Board together with
any documentation the board of review intends to rely on within 90
days of the date of the letter to the board informing it of the
appeal. Boards of review may request and be granted extensions of time
for filing additional written or documentary evidence as permitted for
contesting parties. See Rule §1910.40(d). This information
must be filed in duplicate (or triplicate if the change in assessed valuation sought is $100,000 or more). In cases of an assessment adjustment of
$100,000 or more, the chair of the board of review must also file a
certificate stating that all taxing districts listed on the last
available tax bill have been mailed copies of the petitions filed with
the Property Tax Appeal Board and indicating the date on which the
mailing was made. Extensions of time for filing the Notes on Appeals
and documentation will be granted when requested in writing for good
cause. As with
the contesting party, no evidence is accepted from the board of review
at the hearing unless certain criteria is met. (See Rule
§1910.67(k)).
- Section 16-185 of the Property Tax Code, 35 ILCS 200/16-185 states, in part, as follows:
-
- If the Property Tax Appeal Board renders a decision lowering
the assessment of a particular parcel on which a residence occupied
by the owner is situated, such reduced assessment, subject to
equalization, shall remain in effect for the remainder of the
general assessment period as provided in Sections 9-215 through
9-225, unless that parcel is subsequently sold in an arm's length
transaction establishing a fair cash value for the parcel that is
different from the fair cash value on which the Board's assessment
is based, or unless the decision of the Property Tax Appeal Board is
reversed or modified upon review.
With receipt of a petition in a current year alleging that the
Board has lowered the assessment of an owner-occupied parcel of
property for the prior year, the Property Tax Appeal Board will
require evidence of a recent, arm's-length sale of the property. If no
sale has occurred, the Property Tax Appeal Board will issue a decision
for the current year adopting its decision for the prior year subject
only to equalization. If the property has transferred, the appeal goes
forward without reference to the prior year's reduction.
A similar procedure is followed by the Property Tax Appeal Board in
cases involving nonresidential property that was the subject of an
appeal in the prior year. In these cases, the Board will inform the
local board of the filing of the appeal and request the local board to
inform the Property Tax Appeal Board if it intends to submit newer or
more evidence than was submitted in the prior year's appeal. If no new or
additional evidence is submitted, the Property Tax Appeal Board will
usually issue a decision granting an assessment consistent with the decision in the prior year.
With receipt of the information and Notes on Appeals from the board
of review, the Property Tax Appeal Board forwards a copy of the
information to the appellant or his attorney. All parties are
permitted to submit rebuttal evidence or documentation within 30 days
of receipt of any argument and accompanying documentation of any other
party. See Rule §1910.66. Once rebuttal evidence is
received, a copy is transmitted to the other party.
|
|
