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socrateaser
socrateaser, Lawyer
Category: Real Estate Law
Satisfied Customers: 34369
Experience:  Attorney and Real Estate broker -- Retired (mostly)
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I am a recently retired reserve military

Resolved Question:

I am a recently retired reserve military officer having been deployed for six years since 9/11. While deployed I was simply too pre-occupied to be concerned about my Ohio property taxes, which now amount to some $22,000.- on a property value of some $120-130k.

I do not feel I should pay those taxes while I was deployed since I derived no benefits whatsoever. During this time I did attempt to rent out my home, but wound up with two evictions due to their non-payment of rent.

Summit County, Ohio, has threatened to sell my delinquent tax lien at the next Tax Certificate Sale. Do I have any chance of fighting City Hall on this?

Please do advise. Thank you.

Walter Nagel,
Lt. Colonel (ret)
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  socrateaser replied 1 year ago.
Hello,

Before I answer your question, I have a question for you:

If I tell you that there is no means of avoiding your property tax liability, under any legal statute, case law or legal theory, are you prepared to accept that answer as satisfactory and provide a positive rating so that I may receive compensation?
Customer: replied 1 year ago.

No problem whatsoever with receiving a positive rating, as long as your answer "tells it like it is".


Further, is there not an option to negotiate a reduction in taxes if I am not able to fight this in court?

Customer: replied 1 year ago.

 


Also, you are aware that the states of Texas and Florida specifically exempt deployed soldiers from paying property taxes? Does this help my case?

Expert:  Law Pro replied 1 year ago.
New expert here coming to the assistance of the previous expert. That although TX and FL have given an exemption for deployed military personnel - that's in those states and not OH.

OH military benefits are:

  • Military members that are Ohio residents who are stationed outside of Ohio are exempt from Ohio state tax for the period of deployment
  • Military retirement pay is exempt from State of Ohio tax and local school district income tax
  • Surviving Spouse benefit plans are exempt from State of Ohio tax
  • Homestead Exemption for totally disabled veterans allowing $25,000 property tax exemption
  • Veterans receive preference through the Ohio Treasurer's Office which provides a reduced rate for small business loans
Expert:  socrateaser replied 1 year ago.

Hello again, sir,

This is the original contributor who first responded to you. For the past 12+ hours, a system bug has kept me from posting an answer to your question. I apologize for the difficulties, but neither I nor anyone from the website has been able to resolve the problem until now. That said, the other contributor has mentioned the most relevant issues -- it appears that there are no Ohio laws giving property tax relief for deployed military service personnel.

However, you also asked about whether or not you could negotiate something with the county. And, for that question, the answer is "yes." See this link.

Please let me know if I can be of further assistance.

 

Customer: replied 1 year ago.

Very much appreciated the link to Summit County.


 


I'm confused.


Your colleague says deployed military personnel are exempt from OH property taxes, you say we are not.


 


Please explain.


 


Thank you,
WHN

Expert:  socrateaser replied 1 year ago.

Here is a breakdown of every possible Ohio tax issue (extracted from the Ohio Department of Taxation) that may apply to military service personnel:

Ohio Veterans Bonus — The state is awarding a bonus to veterans who served during the time of the first Persian Gulf War or during the conflicts in Afghanistan and Iraq. This bonus is not subject to either federal or state income tax. The details are on this page.

Nonresident military service members and spouses — A November 2009 federal law exempts military spouses who are not residents of a state where they are living with their spouse from the income taxes of the state, provided they are a resident of the same state as their spouse. However, nonresident military and nonresident spouses serving in Ohio are strongly encouraged to file an IT 10 form each year to avoid a billing notice from the state. More information, and what to do if you receive a billing notice, may be found here.

Deduction for military stationed outside Ohio — Military pay earned while on active duty and stationed outside of Ohio is exempt from the Ohio income tax and may be deducted to the extent it is included in federal adjusted gross income. Details on how to take this deduction are found here.

Military retirement pay — Retirement pay received for service on military active duty or the National Guard or reserves, as well as pay received by a surviving spouse through the Survivor Benefit plan, has been exempt from the Ohio income tax since 2008.
There is also property tax relief for senior and disabled persons. You did not mention that you were disabled, so I assume not. If you are, then there may be some relief in the aforementioned exemption.

 

There is also property tax relief for senior and disabled persons. You did not mention that you were disabled, so I assume not. If you are, then there may be some relief in the aforementioned exemption.

I do not see anything related to a property tax exemption, and after reviewing the other contributor's response, I do not see where he mentions a property tax exemption (though, I could have missed it). If after you review all of the above, you still have a question, feel free to clarify, and I will try to assist you further.

Expert:  socrateaser replied 1 year ago.
Hello again,

Would you kindly provide a positive rating for my answer, so that I can receive appropriate compensation. Otherwise, I receive nothing for my efforts.

And, if you have further questions, I will be happy to try to assist you.

Thanks and best wishes.
Customer: replied 1 year ago.

Sorry for the delay.


1. Yes, I am a 100% disabled veteran, now aged 69.


 


2. You said you "missed" your colleague's response that deployed soldiers are property tax exempt. Please explain.


 


3. What/where is my appeal to paying these taxes while, in fact, being deployed, or, to reduce the amount?


 


Thanks

Expert:  socrateaser replied 1 year ago.
1. Yes, I am a 100% disabled veteran, now aged 69.

A: Then the property tax relief for senior and disabled persons may be of some use, but it cannot be used retroactively, so it won't help you reduce your existing tax bill.

2. You said you "missed" your colleague's response that deployed soldiers are property tax exempt. Please explain.


A: I don't see where the other contributor mentioned anything about property taxes in his prior post. Regardless, there is no tax relief available, other than that which I have described.


3. What/where is my appeal to paying these taxes while, in fact, being deployed, or, to reduce the amount?

 

A: There is no relief from the property tax bill available, under any provision of Ohio law. You are liable for the entire bill. Your only recourse is to negotiate a payment plan with Summit County, using the link that I previously provided (here it is again for your convenience).

 

You originally stated that you had no problem providing a positive rating as long as my answer, "tells it like it is." I wish that my answer were more favorable, but I cannot change the law to permit you to avoid liability.

 

Please let me know if I can be of further assistance.


socrateaser, Lawyer
Category: Real Estate Law
Satisfied Customers: 34369
Experience: Attorney and Real Estate broker -- Retired (mostly)
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