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Won cadastral value cases as of April 2016
One of the fears that we heard from property owners: & nbsp; "land tax after a new cadastral valuation cannot be challenged!".
We were skeptical about this pessimistic forecast and since the beginning of the year we have filed a dozen applications to challenge the cadastral value to the regional court and the commission under Rosreestr.
Recall that at the end of November last year, the Committee for State Property Management of the Kemerovo Region approved the results of a new cadastral valuation for the lands of settlements in Kuzbass. Since January 1, 2016, this assessment has been used to calculate land tax, rent and the price of land redemption from state and municipal property. This assessment will be valid for at least the next three years.
Unfortunately, the next assessment did not please the Kuzbass property owners. Like the previous ones, which were in force from 2009 to 2015, the new values of the cadastral value are many times overstated compared to the real market value of the land.
The new values of the cadastral value are many times overstated compared to the real market value of the land.
Of course, an unfair assessment of your site can be challenged in the Kemerovo Regional Court and the commission under Rosreestr (for organizations, a pre-trial appeal to the Commission is mandatory).
Preparation of documents for contestation - collection of source documents from customers, in the cadastral chamber, certification by a notary, preparation of an assessment report and obtaining a positive expert opinion, sending applications with attachments to the parties in the case, payment of state duty, - & nbsp; took from 1 to 1.5 months.
As a result, in March and April, our lawyers have already received the first positive results, both in court and in the Commission:
| Land plot | Employed by a health care facility in Kemerovo |
|---|---|
| Authority that heard the case | Commission at Rosreestr |
| Cadastral value before reduction | 204 mln rub. |
| Cadastral value after reduction | RUB 68.8 million |
| Decrease, times | 3 |
| Savings on land tax per year | 2 million rubles |
| Land plot | Occupied by an industrial facility in Kemerovo |
|---|---|
| Authority that heard the case | Kemerovo Regional Court |
| Cadastral value before reduction | 28 & nbsp; million rubles. |
| Cadastral value after reduction | 5 million rubles |
| Decrease, times | 5.5 |
| Savings on land tax per year | 340 thousand rubles |
Important to know: if you apply to the court or the Commission before the end of the current year, then for the whole of 2016 the mandatory payments (land tax or rent) can be recalculated based on the market value of the site. At the same time, the debts accumulated during the year can be written off, and if all payments were made on time, the overpayment can be returned or set off against future periods.
Source: KuzbassCadastre - reducing the cadastral value of land< /a>
