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Abatements of Estimated Market Value
Minnesota Statutes
375.192 provides that the County Board may grant the
reduction or abatement of a property taxpayer’s
Estimated Market Valuation and the resulting taxes,
costs, penalties, or interest which have been erroneously
or unjustly paid. All applications must be written
and approved by the County Assessor and the County
Auditor before consideration by the County Board.
The Board may consider and grant abatements on applications
only as they relate to taxes payable in the current
year and the two prior years, provided that reductions
for the two prior years shall be granted only for (1)
clerical errors, or (2) when the taxpayer fails to
file for a reduction or an adjustment due to hardship,
as determined by the County Board. Any denial of an
abatement application by the County Assessor, County
Auditor, or County Board may not be appealed to the
Minnesota Tax Court, since it is the exercise of a
strictly discretionary authority.
Abatements for Homestead
If your property was classified as non-homestead and
should have been homestead in a previous year, you
can file an abatement to prove occupancy of your property.
In addition to filing the abatement form as above,
you will need to get letters from two different utility
companies that show when they began providing service
to you and when they stopped if applicable. This letter
must be on company letter head and be signed by them
in order to be accepted with the application. Always
remember to keep your tax payments current, because
the abatement process may take several months to go
through the approval process.
Local Option Disaster
Abatement
Minnesota Statute 273.1233 provides that
the County Board may grant an abatement for homestead
and non-homestead property for taxes payable in the
year in which the destruction occurs if:
- The
County Assessor determines that 50% or more of the
homestead dwelling or other building has been 1)
unintentionally or accidentally destroyed, or 2)
destroyed by vandalism by someone other than the
owner;
- The property
owner submits an application with the County Assessor
to the County Board as soon as practical after the
damage has occurred.
Any reduction by the County
Board in the amount of tax payable is to be based
on the number of months that the home is uninhabitable
or the other structure is unusable. If the structure
is occupied or used for a fraction of a month, it
is considered as a month.
Local Option Disaster Credit
Minnesota Statute 273.1235 provides that the County
Board may grant a credit for taxes payable in the
year following the year in which the damage or destruction
occurred for 1) homestead properties that do not
qualify for a homestead disaster credit under M.S.
273.1234 (because they are not included in a disaster
or emergency area) or 2) non-homestead property.
To be eligible, properties must meet the same requirements
for local option abatements under M.S. 273.1234 where:
- The
County Assessor determines that 50% or more of the
homestead dwelling or other building has been 1)
unintentionally or accidentally destroyed, or 2)
destroyed by vandalism by someone other than the
owner;
- The property owner
submits an application with the County Assessor to
the County Board as soon as practical after the damage
has occurred.
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