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12 Simple Steps To Legally Lower Your Tax Burden
Part 1 of a 2-Part Investment U White Paper Report
By Alex Green, Investment Director, Investment U,The Oxford Club Contributors: David Melnik, QC, JD; Michele Cagan, CPA
The late Howard Jarvis (1903-1986), a famous tax reformer, said it best: “Death and taxes may be inevitable, but being taxed to death isn’t.” At Investment U (the educational arm of The Oxford Club), we too believe that freedom from excessive taxation is a personal right-not just for billionaires, but also for every American. You can be confident that our recommendations are safe, prudent and perfectly legal.
The tax experts we consulted for our How To Reduce IRS Taxes white paper report include some of the top CPAs and tax attorneys in North America. Our team provides you with the best tax-savings strategies-enabling you to reduce your taxes to the absolute minimum allowed by law.
Some of the strategies you’ll learn include how to shelter up to $35,000 of your income annually in a tax-deferred account the IRS can’t touch-as well as how to save an immediate $250,000 or more in taxes using a little-known loophole to restructure your family assets. You’ll also learn how to make your assets look “ugly” to the IRS with two easy techniques that will make you appear poorer than you are. Additionally, you’ll learn how to reduce your property taxes. Most people just blindly pay what they’re asked to. But if you follow this strategy, you’ll probably find out you’re paying more than you have to, year after year.
Read this report, and take maximum advantage of the medical expense deduction by “bunching” your medical expenses in order to achieve the best bang for your deduction buck. In addition, there are a lot of deductible medical expenses that the average taxpayer is unaware of. Did you know radial keratotomy is tax deductible?
In addition, our expert Wealth Protection Panel contributors teach you how to avoid an IRS audit by providing you with six “red flag” return items that will trigger the audit-alarm on the IRS computer. Any one of them on your return can make you a potential audit target. And, if by unfortunate chance you are selected for an IRS audit, we’ll show you how to best prepare, as well as avoid, falling victim to traps the IRS uses to place you at a disadvantage.
Sincerely,

C. Alexander Green
Investment Director, Investment U, The Oxford Club
How To Reduce IRS Taxes: 12 Simple Steps To Legally Lower Your Tax Burden
Thanks to New Tax Law, Individual Income Tax Rates are Reduced
Envisioned by President George W. Bush and enacted by Congress, the Economic Growth and Tax Relief Reconciliation Act of 2001 cut taxes by $1.35 trillion over the next 10 years. Individual income tax rate reductions are the heart of the new tax law. Lower rates are being phased in for all brackets (except the 15% bracket). By 2006, the top income tax rate will be 35%, substantially lower than the current 39.6% rate. See the table below for a complete schedule of the rate reductions.
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Personal Income Tax Rate Reduction Table
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Year
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28% Rate
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31% Rate
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36% Rate
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39.6% Rate
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| 2002-2003 |
| 2004-2005 |
| 2006 & Beyond |
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The key to learning how to reduce IRS taxes through the benefits this tax cut offers is timing. To take the fullest advantage of the rate reductions, plan to defer income and accelerate deductions as the rates decrease. And for the entrepreneurs among us, lower personal income tax rates make pass-through entities such as LLCs and S corporations even more attractive from a tax standpoint.
Save Big Money by Reducing Your Taxable Income
Guess what-some money you receive NEVER has to be included on your tax return!
That’s right-many taxpayers are unaware that you can earn money and not include it as income on your 1040. Of course, if you do report this income, the IRS isn’t going to tell you that you didn’t need to. So make sure you know about these tax-free sources of cash.
1. If you rent property for 14 days or less per year, the rental income is completely tax-free. Say you have a summer beach house that remains unoccupied for most of the year. You could rent it out in the off-season for two weeks or for seven weekends and pay no taxes on the money you receive, no matter how much that is.
2. Life insurance proceeds are always income tax free to the beneficiary.
3. The first $250,000 in capital gains ($500,000 if you’re married and filing a joint return) from the sale of your home is not taxable if you’ve lived in the home for any two of the five years preceding the sale.
4. All child support payments you receive are 100% non-taxable.
5. The proceeds of home equity loans are completely tax-free for loans up to $100,000, and the interest portion of your loan payments is tax deductible.
In addition to these tax-free sources of cash, there are several ways to receive non-taxable money from your employer:
- Your employer can give you $185 per month for parking.
- You can receive $100 tax-free every month to pay for commuting costs (such as mass transit passes).
- Your boss can give you up to $5,250 for education expenses that improve your knowledge of your current job without incurring any additional income taxes. Plus, beginning in 2002 even graduate courses qualify for this special tax treatment.
- Employer-provided group term life insurance is tax-free for up to $50,000 of coverage.
- All of your contributions and all employer-matching contributions to your pension plan are tax-free until you withdraw the money. Be sure, however to watch for excess contributions, so you are not penalized.
- Your employer can provide you with tax-free meals and transportation when you work extra hours.
- If your employer has a written employee awards plan, an employee can exclude up to $1,600 for qualified awards and unqualified awards combined. The awards, however, have to be in the form of tangible personal property (hard assets) in order to qualify. Therefore, cash wage bonuses do not qualify.
- Through flexible spending accounts, you can use pre-tax income to pay for daycare and health expenses up to a limited amount each year.
If You Invest, You Probably Have Deductible Investment Expenses That May Reduce Taxes
Whether you invest in the stock market or in real estate, you most likely incur some expenses in the process. You can deduct these expenses (even if you earn no taxable investment income in the current year), as long as you own (hopefully) income-producing investments.
Investment-related expenses that can be reported on your Schedule A include:
- Accounting, auditing and custodial services.
- Fees to set up or administer an IRA (as long as you pay them with a separate check).
- Investment interest management or advice fees.
- Safe deposit box fees (when you use the box for stock certificates and other investment-related documents).
- Subscriptions to investment services.
- Subscriptions for publications that offer investment advice.
- Travel expenses to meet with your broker or investment advisor.
“Tax-Manage” Your Portfolio to Reduce Your Liability
Even if you deduct your relevant investment expenses, you can still be docked when tax time rolls around. However, with a little foresight, you can lower or defer the IRS’ drain on your hard-earned profits.
Reduce Capital Gains by Minimizing Turnover
Short-term capital gains taxes can range as high as 38.6%. The less you trade your core portfolio, the less tax liabilities you’ll incur. As Warren Buffett once said, “The capital gains tax is not a tax on capital gains, it’s a tax on transactions.” In fact, if you hold onto your winners for a year or more, any gains will be taxed as long-term capital gains, for which the maximum rate is only 20%, saving you 18.6%.
The IRS allows you to offset all of your realized capital gains with realized capital losses. You can also take up to $3,000 in additional losses against all other income.
Use Tax-Deferred Accounts for Highly Taxed Investments
Index funds tend to be highly tax efficient because changes to the index are relatively rare. Managed funds often have a high turnover, and are required by Federal law to distribute at least 98% of realized capital gains each year. Again, capital gains taxes apply to transactions, so investing in index funds with low turnover in your non-qualified accounts can significantly reduce your capital gains tax burden. If you invest in managed funds (outside of your IRA or other tax-deferred account), you can be hit with a big capital gains distribution even in years that the fund is actually down.
To avoid such a scenario, use your IRA, 401K, pension, or other tax-deferred accounts to own these actively managed funds. In fact, you should also use these types of tax-deferred accounts to own taxable bonds (since interest income is taxed at the same rates as earned income), utilities and real estate.
“Above the Line” Deductions Can Lower Adjusted Gross IncomeAdjusted gross income (AGI) is used to calculate how much of your deductible expenses will actually be deductible. For example, only medical expenses greater than 7.5% of AGI are deductible. Plus, since most state taxes are based on your federal AGI, a lower amount can lower your state taxes.Your AGI is calculated as follows:
1. Figure out your gross income, which includes such items as salary, interest and dividends, capital gains and business income.
2. Subtract the “above the line” deductions (meaning deductions used to arrive at AGI), which include:
- IRA contributions
- Up to $3,000 of a net capital loss
- 50% of your self-employment tax liability (discussed further in the section “Special Tax Breaks for Entrepreneurs”)
- 70% of your health insurance premiums, if you’re self-employed (discussed further in the section “Special Tax Breaks for Entrepreneurs”)
- Medical savings account contributions (discussed further in the section “Special Tax Breaks for Entrepreneurs”)
- Keogh or SEP retirement plan contributions for yourself (discussed further in the section “Special Tax Breaks for Entrepreneurs”)
- Alimony payments
- Student loan interest
- Moving expenses
3. The difference between steps 1 and 2 is your AGI.
A Traditional IRA Reduces Your AGI
For tax-year 2002, you can make contributions of up to $3,000 to a traditional IRA if you are under age 70 1/2 and have salary or net self-employment earnings. The contributions count as a deduction on your 2002 taxes as long as you make it before April 15, 2003. Even if your spouse doesn’t work, you can contribute a deductible $3,000 for him or her as long as you file a joint return. The previously frozen contribution limit will continue to increase-up to $4,000 in 2005 all the way to $5,000 in 2008 (after that, the limit will be indexed to inflation).
And for those of us getting ever closer to the legal retirement age, the new tax law lets us do some catch-up funding to make up for all the years the limit was lower. If you’ll be 50 or older in 2002, you can stash an extra $500 in your IRA, bringing your total contribution up to $3,500. The bonus contribution limit increases to $1,000 for 2006 and beyond.
As long as neither you nor your spouse actively participates in your employer’s (or a self-employed) retirement plan, the $6,000 contribution is fully deductible. If one or both of you are covered by another retirement plan, your deduction may be limited or phased out completely.
The deduction for a traditional IRA contribution starts being reduced when your modified adjusted gross income (MAGI-basically your AGI, not including any IRA deduction, with some “above the line” deductions, such as student loan interest, added back) hits the “phase-out threshold.”
Once you reach the threshold, your deduction gets reduced for each $1,000 of your income that exceeds the threshold. If your income is $10,000 or more above the threshold, you receive no deduction at all.
The Student Loan Interest Deduction
The costs of a college education are increasing at an alarming pace. These days, very few people can afford to pay for college without grants and loans. Luckily, an above-the-line deduction is available ($2,500 in 2002) for all qualified student loan interest expenses.
Of course, as with all tax deductions, there are rules to determine what’s allowed. A qualified loan is defined as one you take out to pay for higher education expenses (including tuition, room & board, books and other necessary expenses) for yourself, your spouse, or any of your dependents. The deduction used to be limited to the first five years that interest payments are required-but the Tax Reform Act of 2001 removed the five-year limit. The Act also repealed the restriction that voluntary payments of interest are not deductible.
The deduction phase-outs have also become significantly more generous-and more realistic with phaseouts beginning at $100,000 for married taxpayers filing jointly ($50,000 for single taxpayers).
The Moving Expense Deduction is Finally Straightforward
If you move for a new job, you’re eligible for a big above-the-line deduction. You can deduct some of the unreimbursed traveling costs for you and your family to the new home (including transportation and lodging) plus the actual cost of moving your belongings, which can help to reduce IRS taxes.
The definitions of the eligible expenses are pretty generous. In addition to the lodging you need during your trip, you can also stay in a hotel the day before departure from your old house and the day of arrival in your new neighborhood. And your hotel stays have no dollar limit, so you’re not confined to the Budget Inn. You also don’t have to travel with or at the same time as your family-but you can still deduct each family member’s expenses. Please note that meals are not deductible.
The expense for moving your belongings is limited to “personal effects and household goods,” a pretty broad scope. The deductible costs include packing, up to 30 days of storage, transporting your things, insurance for your belongings and even the cost of moving your pets or shipping your car to the new residence.
As always, you have to meet some requirements to be eligible for the deduction. But unlike the usual IRS fare, these are pretty simple requirements to meet. First, the distance between your new job and your old house has to be at least 50 miles more than the distance between your old job and your old house.
The rules of the second requirement depend on whether you’re self-employed or an employee-but, again, these requirements are pretty flexible. If you’re an employee, you have to work in the area of your new neighborhood for at least 39 weeks of the first year after you originally change jobs. However, the 39 weeks doesn’t have to be consecutive or even at the same job. Plus, the 39-week test is waived if you had to move because your employer (for his convenience) transferred you. And if you file a joint return, either spouse can fulfill the time requirement. For self-employed individuals, the time test is 78 weeks in the first 24 months after the move.
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Want the Secret on How To Reduce IRS Taxes? Increase Your “Schedule A” Deductions to Dramatically Lower Your Taxable Income
Take maximum advantage of the medical expense deduction to reduce IRS taxes!
To take the medical expense deduction, you have to itemize on Schedule A of your 1040. Your deduction is limited to unreimbursed expenses that exceed 7.5% of your adjusted gross income (AGI). (See how to calculate your medical expense deduction in the chart below.)
| Adjusted Gross Income |
$100,000.00 |
| Unreimbursed Medical Expenses: |
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| Health Insurance Premiums |
$4,800.00 |
| Prescription Drugs |
$500.00 |
| Doctor and Dentist Bills |
$3,000.00 |
| Mileage (includes parking and tolls) |
$300.00 |
| Total Unreimbursed Medical Expenses |
$8,600.00 |
| Less 7.5% of AGI |
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| Allowable Medical Expense Deduction |
$800.00 |
If your insurance company (or some other source) reimburses any expenses you paid, your deductions have to be reduced by the amount you recovered. If the reimbursement is received in a different tax year, you can deduct the full amount you laid out during the year as long as you report the reimbursement as gross income the year it’s received.
Make Sure to Exceed the 7.5% Floor by “Bunching” Your Expenses
The most effective strategy to get the best bang for your deduction buck is to “bunch” your medical expenses. To do this, you just pay as many medical bills in one year as you can. Bunching is the best way to ensure your expenses are greater than the floor. If you think you’re going to exceed the floor in a particular year, move up whatever payments you can. For example, if you’ve been considering an elective surgery, have it done in a year so that you’ll exceed the floor. Prepay costs for continuing care, such as a home health care worker or nursing home facility. Have all of your family members make trips to the dentist and eye doctor. With bunching, you’re basically using a two-year plan for your medical expenses. In the first year, you’ll cram in all the medical expenses you can and take a big deduction. In the second year, you get no deduction (unless unexpected medical expenses arise). If you just paid the expenses as they came up, you would likely end up with no deduction in either year.
What Counts as a Deductible Medical Expense? More Than You Think!
You know that doctor bills, insurance premiums and prescriptions are deductible, but so are a lot of other things that you wouldn’t expect. For example, the mileage (plus parking fees and tolls) for trips to and from your doctor’s office (or other medical care facility), including rides you give to a dependent, are deductible at 10¢ a mile. And most people don’t know that if you have to take a trip for medical care that involves an overnight stay, the cost of your lodging is deductible. (This deduction, however, is limited to $50 per night, per person and meals are not deductible.) Other little-known, deductible medical expenses that can help to reduce your IRS taxes include:
- Laser eye surgery (called radial keratotomy, or RK) to correct nearsightedness.
- Health club memberships, if prescribed for your doctor to treat a specific ailment such as high blood pressure.
- Food for a special diet prescribed by your doctor to treat a disease (some conditions apply to this deduction-have your accountant check it out).
- Eyeglasses and contact lenses.
- Contact lens replacement insurance.
- Acupuncture.
- Taking a taxi or car service to the doctor’s office.
- Reclining chair, if prescribed by your doctor.
- Note-takers for deaf students.
- Lead paint removal.
- Childbirth classes for an expectant mother.
- Air conditioning system for allergy relief.
- Prescription medications and programs used to stop smoking.
Your Home May be Your Best Tax Shelter
Most taxpayers know that you can deduct the interest you pay towards your mortgage on Schedule A. What a lot of taxpayers don’t know is that you can deduct the mortgage interest expense for two residences. If you own more than two homes, you get to decide which one you want to be your second residence for tax purposes. These interest payments include any “points” (prepaid interest) you pay when you first buy a new home. Property taxes are 100% deductible for every piece of property your own.
The two biggest expenses of home ownership-mortgage interest and property taxes-are fully deductible when you itemize on Schedule A. And if you own more than one home, the expenses of both can be included in your deduction. This deduction alone is usually enough to send you over the standard deduction so your itemized expenses can kick in, greatly reducing your taxable income.
You can also take out a home equity loan on either of your residences, use the proceeds for whatever you want (except tax-exempt investments) and still deduct the interest you pay. So you can turn your regular personal non-deductible debt into a deduction by simply taking out a home equity loan and paying off your other debts, such as credit cards and car loans.
How to Never Pay Taxes When You Sell Real Estate
Perhaps the best-kept wealth-building secret is the tax advantage of real estate ownership. By following a few simple rules, you’ll never pay taxes when you sell real estate.
For your personal residence, the rules are simple. If you own your home, and used it as your primary residence for at least two of the last five years, you can sell your home and pocket $250,000 in profits-tax-free. A married couple, which files a joint tax return, can double this amount and gain $500,000 tax-free.
You can move into a house in need of some repairs or improvements this year. You make the improvements while you’re living there. In 2004, after you meet the two-year minimum requirement, you sell the house for a nice $70,000 profit. None of your profit is taxed.
How often can you claim these tax-free profits? Every two years for the rest of your life.
How valuable is this investment opportunity? If you’re in the 27% tax bracket, and you sell houses in your lifetime for a total gain of just $500,000, you will have saved $135,000. Plus, you now benefit from the future earnings when you invest that $135,000. The total value to you is probably in the range of $300,000 to $400,000.
As wonderful as that tax provision may be, the tax advantages of investment real estate are even better.
In a typical investment scenario, an investor purchases an apartment building for $500,000. He makes a down payment of $100,000 and borrows $400,000. Five years later, the building (after improvements in property and management) is worth $1,000,000. His current adjusted basis (purchase cost, plus major improvements, less depreciation) is $450,000. His current mortgage balance is $350,000.
When the investor sells the building for $1,000,000, his taxable gain is $550,000 ($1,000,000 minus $450,000). After paying a 20% capital gains tax of $110,000, he would be able to reinvest $540,000 ($1,000,000 minus $350,000 [mortgage] minus $110,000 [taxes]).
If he uses the $540,000 as a 20% down payment, he could purchase $2,700,000 of real estate.
The drawback to selling is the payment of the $110,000 in taxes. Wouldn’t this be more enjoyable, and definitely more profitable, if the investor could sell the building, not pay taxes and have all the profits available to reinvest?
The scenario now changes in the investor’s favor. He can reinvest $650,000 ($1,000,000 minus $350,000 [mortgage]). If he uses the $650,000 as a 20% down payment, he could purchase $3,250,000 of real estate.
The investor would have leveraged the $110,000 into $550,000. He will benefit directly from the increases in rents, the appreciation of the property and the monthly reduction of the mortgage balance.
How can you do this? Under section 1031 of the tax code, you can apply a process called a tax-deferred exchange. In essence, you will sell your investment property, escrow the net proceeds and invest all the money in other investment property.
Since you don’t pay the tax now, the tax is deferred until you decide to sell and pay taxes. Of course, if you only exchange, and never sell, you’ll never pay taxes on your gains.
What about your estate or your heirs-won’t they have to pay the income taxes you deferred? Absolutely not. Because the basis of the property will “step up” to fair market value upon your death, your estate or heirs can sell the property without paying any of the taxes you never paid (unless your estate comes into play in 2010, under which current law removes the benefit of stepped-up basis in exchange for getting rid of all estate taxes). No one will ever pay these taxes.
The rules for exchanges are relatively simple. You must identify the property you intend to purchase within 45 days of the closing on the property you sold. You must purchase the new property within 180 days of the closing on the property you sold. These time frames run concurrently.
The proceeds from the sale must remain in escrow with a third party (known as a qualified intermediary) until the exchange is completed.
How do you determine what portion, if any, of the sale and subsequent purchase causes a tax to become due? The exact method requires 1 1/2 pages of calculations on an IRS form. In general, however, if you meet the following requirements, you avoid the taxes:
1. Buy a more expensive property than what you sold.
2. Owe the same or more money on the new property as compared to the property you sold.
3. Use the entire net proceeds toward the purchase of the new property.
How To Reduce Your Property Taxes by 50% or More
If you think your real estate taxes are too high, there is a simple way to get them reduced-permanently. All you have to do to keep hundreds of dollars in your pocket every year is to challenge your assessment-it’s that easy!
Each year, thousands of taxpayers win appeals of their property tax bills. Experts estimate that at least 60% of U.S. property is over-assessed, so the odds are fairly good that you’re paying more in property taxes than you should be. In fact, in some areas 50% of the people who appeal their tax bills walk away with reduced assessments.
How To Dramatically Reduce Your Assessment
In order to dramatically reduce your assessment, you first must determine whether your assessment is incorrect. To do this, simply examine your property card. Since assessors are generally overworked, underpaid and often inexperienced, errors on property cards are quite common. Make sure your property is accurately described, including square footage of both your home and lot. Many assessments are made from aerial photos, and it’s not uncommon for the dimensions to be wrong. And an extra digit on your lot footage can dramatically increase your tax bill.
In addition to inaccurate land and building measurements, there are several other common errors found on property cards, including:
- Erroneous building description.
- Misstated building or land improvements.
- Unrecorded easements (or other factors that could detract from property value).
- Undocumented “defects,” such as termites or a leaky roof.
There have even been reported cases of property owners being taxed on their neighbor’s swimming pool! So it’s vitally important that you examine your property card for accuracy.
These errors are often simple to correct. The assessor’s office will frequently correct an obvious error right on the spot without the need for any formal procedure. They feel no need to argue over evident misstatements on the property card, such as an incorrect measurement. These errors can generally be cleared up informally with minor discussion and appropriate proof-a current photo, an appraiser’s report or a copy of the latest survey, for example.
The next step is to look at your neighbors’ property cards (which are public record and should be open to anyone). If your neighbors’ homes are similar to yours, but have lower assessments, you have automatic grounds for appeal. In fact, don’t limit yourself to just your immediate neighbors-if there’s a similar development across town, check out how they’re being taxed; the law provides that assessments must be fair across the entire district.
Be Sure Your Assessment is Not Unfairly High
Assessments are often based on market value multiplied by a prescribed assessment percentage. Then the tax rate is applied to the assessed value. To determine the market value of your residential property, look at the value of similar properties. In most areas, recent sale prices of comparable homes are acceptable values. The properties you use for comparison should be in the same general area, close to the same age and design, and have similar improvements to yours. The simplest source for this information is your local newspaper, as most of them now publish the specifics of recent home sales. Be sure to list the market values of as many comparable homes as you can easily find-the more properties on your list, the better.
What you’re trying to establish is that your property assessment is out of range with similar assessments in the same tax district. The properties need not be identical, merely comparable. The appraiser starts with basically similar properties, and then adjusts for differences such as swimming pools, garages and overhead power lines.
Once your accurate market value is determined, the tax assessment ratio is applied. For example, your local tax rate could be applied to 75% of your fair market value. Don’t assume your home is under assessed when the tax rate is applied against 80% of what you know the market value is-you could be over assessed and not know it. Fractional assessments often create confusion and trick property owners into staying quiet because they think they’re getting some kind of break. Don’t be fooled. If your home is assessed higher than the comparable properties, you have a case you can win-even if it’s a fraction of the market value.
How to File an Appeal
Once you’ve determined that your assessment is too high, and the error is not easily resolved, check out your tax jurisdiction’s appeal procedure. This information can be obtained from the assessor’s office and is sometimes even printed right on your tax bill.
The most important thing to find out is the filing deadline. In some areas, you may have as little as 30 days after receiving your bill to file an appeal. If you miss the deadline, it’s a lot harder to get an appeal.
Before you start anything, talk to your assessor. If your case is clear-cut, they may agree to surrender or compromise without a lengthy procedure. In many cases, the assessor can issue a letter to the appeals board rather than go through the bother of a public hearing.
The actual appeals procedure varies greatly from state to state. In general, though, the assessor’s office will give you a form to file and tell you about the deadlines involved. You’ll usually have to attach your proof (appraiser’s report, photos, etc.) to the notice of appeal.
Find out ahead of time what legal points you need to cover. You may need to show your property was assessed at a higher level than the legal standard or you may just need to show that your assessment was higher than the average in your area. Whatever the rules in your state, make sure you’re familiar with them, and that you have all your t’s crossed before filing your appeal.
If you follow all the procedures to the letter, your odds of success are high. And saving hundreds of dollars every year is well worth a couple of hours of time.
Move on to Part 2 of How To Reduce IRS Taxes: 12 Simple Steps To Legally Lower Your Tax Burden
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