Paul Alfano and Phil Hastings will co-host a session of the popular Lunch & Learn series at the Concord Chamber of Commerce on Tuesday, January 19, 2016 11:45 AM thru 01:00 PM. This session will include information on the basics of tax abatement including contesting, documenting, and filing your tax abatement before the March 1st … [Read more...]
Archives for 2015
December 2015 NH Property Tax Alert – Current Use Update and Supplemental Tax Bills; 2015 NAPTA Annual Meeting; Adverse Possession; Class VI highways
Current Use Update and Supplemental Tax Bills In the recent case of JMJ Properties, LLC v. Town of Auburn (August 11, 2015), the New Hampshire Supreme Court ruled that towns could issue replacement, or supplemental tax bills, against property that had come out of current use prior to April 1. Property tax practitioners were curious to … [Read more...]
October 2015 NH Property Tax Alert – Homestead Exemption; Fines for Zoning Violations; Ski Injury Litigation; NH Tax Amnesty
New Hampshire Homestead Exemption Will Rise to $120,000 Beginning January 1, 2016 The New Hampshire Homestead Protection Act allows property owners to declare a portion of their property a "homestead" and thus off limits to unsecured creditors, in cases of financial hardship, bankruptcy, or upon death of a spouse or loved one. The exemption … [Read more...]
September 2015 NH Property Tax Alert – How Encumbrances can Affect Assessed Value; Who can Foreclose; Revocable Trusts
Can encumbrances affect a property’s assessed value? Yes, sometimes they can. A property may be subject to so many restrictions as to have no real value. Common area in a residential or commercial development is a potential example. The argument would be that any value associated with the common area should be included in the value of … [Read more...]
August 2015 NH Property Tax Alert – Low Income Housing Tax Credits; Taxation of Long Term Leases; Extending the Statute of Limitations
Low Income Housing Tax Credits- What are they? Internal Revenue Code 26 U.S.C. §42 allows the federal government to make available federal income tax credits to incentivize private developers to construct and invest in low-income housing. Low income housing tax credits (“LIHTC”) are allocated between the states, and awarded at the state level by … [Read more...]
Paul Alfano to make a presentation on Tax Abatements for the NH Bar Association Members.
Paul Alfano will make a presentation on tax abatements at an upcoming program entitled "Municipal Law 2015" presented by the NH Bar Association. The program will take place on October 16, 2015 in Concord. ' … [Read more...]
NH Property Tax Alert July 2015 – Don’t count on the rollover statute; More on impact fees
New Hampshire law permits an assessed value that has been re-set by the superior court or BTLA to “roll over” to subsequent years without the need for the taxpayer to re-file tax abatement requests each year. One question is whether the rollover statute applies where a taxpayer and the municipality stipulate as to the new value, or whether the … [Read more...]
June 2015 NH Property Tax Alert – Assessment vs. Appraisal; Intangibles; Private Road Maintenance
"Assessment" versus "appraisal." A tax is assessed by selectmen or assessors in accordance with their appraisal of the property. Appraisal determines value; assessment determines the amount of the tax. Intangibles. Only a taxable interest in real estate may be used in valuing real estate. A license to use certain common amenities in a mobile … [Read more...]
Who is obligated to contribute toward the maintenance of a private road?
The New Hampshire Supreme Court recently addressed this thorny issue by ruling that parties who enjoy the benefit of a private road may be required to contribute toward the road’s maintenance, even in the absence of covenants imposing that obligations. Village Green Condominium Association v. Hodges (March 20, 2015) involved an access … [Read more...]
Easements: Let’s Be Reasonable
The New Hampshire Supreme Court weighed in recently on two important areas concerning easements. First, it clarified that use of an access easements may be extended to benefit an adjoining, after-acquired parcel. Second, it addressed the thorny question of whether parties benefiting from an access easement may be obligated to contribute … [Read more...]