Friday, March 3, 2017

Nassau Disputed Assessment Fund (DAF)

Many commercial properties in Nassau County have seen their January 2017 general tax bill increase.  The claim is that the October 2016 school tax bill had a decrease for the DAF.  However, there was a substantial tax rate increase on the school and general tax bills.  We have protested the DAF for all of our commercial clients with our complaints to reduce the tax assessment.  With only a few days left until the March 10th deadline, everyone should have their assessment checked.

Thursday, March 2, 2017

Nassau County Assessor’s Income & Expense Statement (ASIE)

Justice Marano of the Nassau County Supreme Court, after hearing arguments from commercial taxpayers’ attorneys, and County lawyers continued the restraining order which prevents the County from collecting ASIE Penalties until further notice. The next court date is scheduled for March 30, 2017.

The Assessor is still entitled to send out new ASIE requests and, if not returned, there will be penalties. If you received a notice of penalties, gather documentation to produce at a hearing. I suspect the Court will either cancel the penalties or order the County to conduct evidentiary hearings before penalties can be collected.

Friday, February 10, 2017

Annual Survey of Income and Expense (ASIE) forms - A Reprieve From Penalties

Nassau County commercial property taxpayers won a reprieve from the penalties for failing to file the Annual Survey of Income and Expense (ASIE) forms with the Assessor.

The Court extended a restraining order barring Nassau County from enforcing hundreds of thousands of dollars of penalties against County businesses that were fined for allegedly not filing required financial reports with the County Assessor.

Nassau had warned commercial property owners in December that it would turn the fines into liens, accruing 12 percent interest annually.

Friday, February 3, 2017

Newsday Article Hits the Nail on The Head

The Newsday article featured on February 2, 2017, “Mangano’s Overhaul Created $1.7B Property Tax Shift in Nassau,” is right on the money. The article, which discusses residential and commercial real estate tax assessments in Nassau County, accurately explains that your taxes go up when anyone else receives an assessment decrease. The County website,, understates the market value the assessor uses to compute your taxes by 40%.

Monday, January 30, 2017

ASIE Penalties Held in Abeyance

The Nassau Supreme Court has stopped Nassau County from collecting the penalties for failure of commercial properties to provide income and expense information.  There will be a further hearing on February 8, 2017. 
It is clear to me, that many of our firm’s clients have documentation that the Annual Survey of Income and Expense (ASIE) forms were sent to the County.  Other property owners never received the requests.  Still other were not the owner of the property during the years the ASIE forms were to be filed. The ASIE penalty is based on a percentage of the property’s market value.  That value has, in many cases, been reduced by settlement.

New York City also requests commercial properties to file a Real Property Income and Expense form (RPIE).

However, that procedure is much simpler and fairer to the property owners. 

Bottom line – if you receive a request from the Assessor to report your property (not business) income, the failure to comply can be costly.

Wednesday, January 18, 2017

The Disputed Assessment Fund (DAF)

Nassau County commercial real estate taxpayers received a very expensive tax bill this year.  New York State allowed Nassau County to create a special additional DAF tax to create millions of dollars to be available for refunds when the Nassau assessor over assesses commercial real estate.  Property owners are being over-taxed to correct the over assessment of their property.

The only way to have this extra tax removed is to file a complaint by March 1, 2017, or that onerous and possibly illegal tax will remain.  Adding insult to injury, the tax rate was dramatically increased for most properties.  This extra tax is a devastating blow to many commercial taxpayers – more taxes means less profits.  The DAF lowers the market value of your property and adds to the burden of conducting business in Nassau County.

The time is now to have your assessment reviewed

Thursday, November 17, 2016

Why Do My Nassau Property Taxes Go Up, Up, Up

Why were the Nassau School Tax bills higher than ever?

There are three reasons:
  1. School budgets continue to increase, higher than the 2% NYS cap;
  2. There are precious few properties being built, therefore, virtually no new assessments are being added to the tax roll; and
  3. If there are assessment reductions in the district and no new assessments added, then it’s simple math that tax rates have to increase.

For example: If the total assessments in a district decreased from $1,000,000 to $900,000 because some properties received assessment reductions, the tax rate has to increase by 11% just to get the same money. And, on top of that the budget has to increase.

In fact, in the town of Hempstead School District 27 the commercial taxes increased over 13%.  The residential tax rate increases averaged 5%. The (DAF) Disputed Assessment Fund which affects only commercial properties was on this October’s school tax bill and unexpectedly decreased the taxes payable.  Be prepared, there will be an increase for the DAF on the general tax bill.

The next protest period in Nassau and New York City is in January and the Suffolk protests are in May.