Maryland 2023 Regular Session

Maryland House Bill HB896

Introduced
2/9/23  
Refer
2/9/23  
Report Pass
3/15/23  
Engrossed
3/16/23  

Caption

Property Tax Appeals - Commercial and Industrial Property - Fees

Impact

This legislation is poised to streamline the property tax appeal process by establishing clear financial obligations for taxpayers seeking reassessment. By instituting filing fees, the bill aims to discourage frivolous appeals while also ensuring that resources are allocated towards legitimate claims, particularly as it pertains to high-value commercial and industrial properties. The inclusion of a refund policy further encourages property owners to pursue reassessments without the risk of incurring financial losses if they successfully contest their property value.

Summary

House Bill 896 addresses the procedural aspects of property tax appeals specifically for commercial and industrial properties valued over $1 million. The bill mandates that an appeal filed against a property tax assessment by the owner, local government, or the Attorney General must include a filing fee, which is set at $50 for assessments filed before the property tax assessment appeal board and $100 for those filed in the Maryland Tax Court. Importantly, if the appeal results in a favorable change in assessment or classification, the fee is refunded to the appellant.

Sentiment

The sentiment surrounding HB 896 appears to be largely supportive within the legislative body, as evidenced by its favorable committee report and successful passage during a third reading where 100 votes were in favor against 38 opposed. Advocates argue that the bill not only modernizes the property tax appeal process but also protects local jurisdictions from revenue losses due to unfounded appeals. However, there is some apprehension among critics who argue that the imposition of fees might deter legitimate, though financially constrained, appeal filings.

Contention

Notable contention exists around the potential impact of the bill on small property owners versus larger commercial entities. While the intent is to regulate the appeal process for significant properties, opponents worry that the filing fees, even if refunded, may hinder smaller taxpayers from contesting inaccuracies in their property assessments. These concerns underline a broader debate about balancing adequate fiscal provisions for local governments while ensuring equitable access to judicial recourse for all taxpayers.

Companion Bills

MD SB885

Crossfiled Property Tax Appeals - Commercial and Industrial Property - Fees

Previously Filed As

MD SB885

Property Tax Appeals - Commercial and Industrial Property - Fees

MD HB174

Property Tax Assessment - Unsuccessful Appeals to Maryland Tax Court - Fee

MD SB279

Property Tax Assessment - Appeals to Maryland Tax Court - Filing Fee

MD SB1027

Property Tax - Appeals - Definition of "Taxpayer"

MD HB1488

Property Tax - Appeals - Definition of "Taxpayer"

MD SB247

State Department of Assessments and Taxation - Real Property Assessments and Appeals

MD HB23

Property Taxes - Authority of Counties to Establish a Subclass and Set a Special Rate for Commercial and Industrial Property

MD HB1114

Real property; additional tax on commercial and industrial property in certain localities.

MD HB1710

Real property; additional tax on commercial and industrial property in certain localities.

MD HB69

State Department of Assessments and Taxation – Real Property Assessments and Appeals

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