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COVID-19 Property Tax Relief for Eligible Ohio Owners and Tenants COVID-19 Property Tax Relief for Eligible Ohio Owners and Tenants

COVID-19 Property Tax Relief for Eligible Ohio Owners and Tenants

Ohio recently passed S.B. 57 into law, effective on August 3, 2021. This law provides property tax relief for property owners who have suffered due to the COVID-19 pandemic or state COVID-19 orders. This relief is intended to help those businesses hardest hit by the effects of COVID-19 including hotels, restaurants, retail business and other tourism-related businesses. Additionally, as a consequence of S.B. 57, qualified tenants can now file complaints or counterclaims to complaints, beginning with the 2021 tax year.
Ohio Approves the Consideration of COVID-19 on Tax Valuation Complaints

In Ohio, an eligible person may now request that their property valuation be determined as of October 1, 2020 (instead of January 1, 2020), by filing a valuation complaint for the 2020 tax year. The complaint must request that the assessment reflects a reduction in true value of the property due to circumstances related to the COVID-19 pandemic or a state COVID-19 order. Depending on your county’s property value reappraisal and update schedule, the adjusted value would also apply to subsequent tax year(s).

In order to file a complaint, the applicant must allege with particularity how such a COVID-19 related circumstance or state COVID-19 order reduced the true value of the property; a  complaint alleging only a general decline in economic or market conditions in the area or region will not suffice. The complaint must be filed by September 2, 2021. The bill also has waived the rule barring more than one valuation complaint filed within the same interim period. Note, eligible persons may also file tax valuation complaints that conform to these requirements for the 2021 or 2022 tax year, although the complaint must be filed by March 31, 2022 and March 31, 2023, respectively.
Tenants May Be Able to File Tax Value Complaints or Counterclaims for Tax Year 2021

S.B. 57 authorized tenants of commercial or industrial properties to file tax value complaints or counterclaims to complaints if: (i) the lease requires the tenant to pay the entire amount of taxes charged against the property; and (ii) the lease allows, or the property owner authorizes, the tenant to file such complaints. A tenant who meets these requirements will be allowed to file complaints or counterclaims to complaints for tax year 2021 and thereafter.

If you have questions concerning this opportunity, its potential applicability to you or your business or strategies for taking advantage of the opportunity to challenge the value of any property you own or lease, please reach out to Kristina Dahmann, Joseph Guenther and Joanne Goldhand for more information. Please also visit Ice Miller’s COVID-19 Resource Center for more resources to address the constantly evolving issues created by the COVID-19 pandemic.

This publication is intended for general information purposes only and does not and is not intended to constitute legal advice. The reader should consult with legal counsel to determine how laws or decisions discussed herein apply to the reader’s specific circumstances.
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