Applicable Revised Code Sections: Board of Revision
Section 5715.01 | Tax commissioner to supervise assessments by county auditors - rules and 7 procedure - county board of revision.
Board of Revision Applicable Revised Code
This document outlines revised legal provisions governing property assessment, valuation procedures, and the functions of county boards of revision in Ohio.
Assessment Supervision and Valuation Rules
- The tax commissioner oversees real property assessments, establishing uniform rules for determining true value, taxable value, and current agricultural use value.
- True value considers all relevant facts, including property use, obsolescence, income capacity, and other factors; for minerals, the value excludes tangible personal property used in extraction.
- The current agricultural use value is based on modern appraisal techniques considering soil productivity, crop prices, production costs, and net income capitalization, with specific methods for calculating the capitalization rate, including using an equity yield rate or loan interest rate, and adding a tax additur to reflect a prudent investor’s return.
- The commissioner annually publishes the overall capitalization rate, tax additur, and related components, along with per-acre agricultural values.
- For certain years, the law specifies fixed current agricultural use values, adjusted based on reappraisal or updates, with specific formulas for 2017-2019, 2018-2020, and 2019-2021, respectively.
Taxable Value and Appraisal Methods
- Taxable value is a percentage of true value or current agricultural use value, not exceeding 35%, determined by rules.
- County auditors, under the commissioner’s supervision, assess property, and county boards of revision hear valuation complaints.
County Board of Revision
- Composed of the county treasurer, auditor, and a member of the board of county commissioners; they may establish hearing boards for efficiency.
- Quorum requires a majority; members can administer oaths.
- All assessment-related documents are open to public inspection.
- The board must hear valuation complaints, investigate, and may increase, decrease, or order reassessment.
- No increase can occur without notice to the property owner, describing the property and its current tax value, served via delivery, mail, or newspaper advertisement.
- Complaints require a verified written application, but electronic filing may be authorized, with declarations under penalty of perjury.
- Complaints against valuation must be filed by March 31 or the collection deadline, whichever is later, and can be filed by owners, tenants, agents, or certain professionals, with restrictions on repeated complaints unless circumstances change.
- The board must notify parties of complaints, hold hearings within 180 days, and decisions relate back to the tax lien date, affecting tax liability for the year and subsequent years.
- Taxpayers tendering less than the final tax amount must pay interest based on the difference, with rates prescribed by law.
- The board can determine the county’s common level of assessment, expressed as a percentage of true value, based on recent sales ratio studies.
- Parties must provide all relevant evidence; failure to do so may limit admissibility on appeal unless good cause is shown.
- Pending court proceedings do not prevent taxpayers from tendering taxes based on claimed valuations; if tendered, the treasurer may accept, and no penalties accrue for nonpayment of disputed amounts.
Decisions and Appeals
- The board’s decisions are certified, with notice sent to property owners and complainants, either by mail or via internet record, starting the appeal period.
- The tax commissioner may request the county auditor to send decisions to the commissioner, but this does not extend appeal deadlines.
- Payment of taxes or assessments while a complaint or appeal is pending does not suspend proceedings or affect the outcome.
- The law emphasizes procedural fairness, transparency, and timely resolution of valuation disputes, with specific provisions for electronic filings, notices, and interest charges.
This summary captures the core legal standards, procedural requirements, and valuation methodologies established in the revised code sections governing property assessment and the functions of county boards of revision in Ohio.
