Commercial Assessment Appeals (Tax Certiorari)
Income and Expense Law
Complaints on assessement (grievances) for commercial properties are subject to the town's Local Law No. 1 of the year 2013, entitled “Income and Expense Statements.” Accordingly, the petitioner (or petitioner's representative) is required to submit to the Assessor’s Office not later than seven (7) days after filing a grievance copies of the most recent income and expense statements as per the terms and conditions outlined in the attached Local Law.
For 2015 complaints on assessment annual income and expenses for calendar year 2014 are required.
It is EXTREMELY IMPORTANT to note that in the event that an income and expense statement is not filed a penalty of three percent (3%) of the assessed value will be levied against the property.
It is mandatory that the submission of the income and expense statements must be in the Town Assessor’s format (see link on right). These documents may be submitted electronically via email. Whenever possible, the town's income and expense report should be supplemented by profit and loss statements and/or audited financial statements prepared by an accountant.
The parcel ID must be noted on all forms. In addition, the following statement must be included in the documentation submitted and must be signed by the owner or the owner’s authorized representative:
I DO HEREBY DECLARE UNDER PENALTIES OF FALSE STATEMENTS THAT THE FOREGOING INFORMATION, ACCORDING TO THE BEST OF MY KNOWLEDGE, REMEMBRANCE AND BELIEF, IS A COMPLETE AND TRUE STATEMENT OF ALL THE INCOME AND EXPENSES ATTRIBUTABLE TO THE ABOVE IDENTIFIED PROPERTY. (NYS Penal Law Article 175)
As long as the town's annual income and expense report is being submitted, the above certification is already on the form.
NOTE: The information filed and furnished will remain confidential and not open to public inspection (NYS Office of Real Property Services Opinion of Counsel SBRPS No. 10-17).