Monday, January 26, 2009

Property Taxes

During your closing, you paid your share of the 2008 property taxes. This is somewhat unusual as usually the buyer pays and the seller pays his share during closing. However, at that point there was some issue about when the condominium agreement had been done so they said it had to be that way. The property was then and still is on Travis County Appraisal District roles as one property. You can see that record here.

Note: The following is in my contract and, I suspect, in all of yours as well.

"If the unit is not separately assessed for property taxes on the Closing Date of if the actual taxes attributable to the Unit are not known on the Closing Date, then Buyer will be charged for a prorated portion of the current year's estimated property taxes attributable to the Unit. To calculate the amount payable by the Buyer, the Title Company will multiply the Total Purchase Price by the mill rates then in effect for all applicable taxing jurisdictions (the "Estimated Unit Tax Proration"). Buyer will remit the Estimated Unit Tax Proration to Seller at Closing. Seller will hold the Estimated Unit Tax Proration in trust until Seller receives the tax statement, which Seller will timely pay to avoid penalty. Buyer and Seller agree to reconcile the difference between the Estimated Unit Tax Proration and the actual tax statement for the Unit, for which Seller will refund to Buyer any prorated overpayment, and Buyer will pay Seller any prorated shortfall. Obligations imposed by this provision will survive closing."
Indeed it appears that the taxes were paid in November from this document provided to a resident.

Now what remains is for Novare to notify each of us of overpayment or shortfall.

You should at some point in the next few months receive an individual value assessment for your unit from the Travis County Tax Assessor who collects City, County, School District and Austin Community College taxes.

Update: As of 3/9/2009 we don't know of anyone who has received an official letter from Novare concerning this reconciliation. However, tax professionals have advised several residents that any refund can be shown on 2009 taxes.

5 comments:

Colin said...

So then there is no chance we will owe any additional money for 2008 taxes? Whatever we paid at closing is the final amount?

Therefore, we can also file our 2008 Federal Income Tax return based on the tax assessment used at closing?

Linda Ball said...

That is a good question and I don't yet have the answer. Someone was told that Novare was going to send some notice to the owners.

Unknown said...

Tausha is my realtor and owns Marathon Real Estate. She sent a note to Novare and received this (she thinks they owe me money):

From: "Alfredo Fernandez" AFernandez@novaregroup.com
Subj: RE: #1904 Primozich - tax question
Date: Thu Jan 22, 2009 3:51 pm
Size: 3K
To: "Tausha Carlson"

Tausha,

Sorry for the delay in getting you an answer. I have just been informed by accounting that they will be sending you a letter in the next few weeks that will explain the taxes. If a refund or credit is due to you from the developer, the letter will explain how those funds will make their way to you. Let me know if you have any additional questions.

Thank you,

Alfredo Fernandez Closing Operations Administrator
Novare Enterprises Developer Services
817 W. Peachtree St. NW, Ste 400 Atlanta, GA 30308
Direct: 404.961.7967 Main: 404.961.7970
Toll-Free: 877.668.2735 | Fax: 404.521.4388
afernandez@novaregroup.com

Unknown said...

Hi - I'm curious whether you all received your letters from Novare yet? I checked with Alfredo at Novare last week and he gave me the same answer...in a few weeks.

Linda Ball said...
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