The Appeal Process
- You must file an appeal with your local county tax appeal
board on or before the first Monday in June, or 30 days after
receiving your notice of classification and appraisal from
the Department of Revenue. You can access
the proper form to use here.
Information concerning where to file your appeal can be found
through your county commission or your local appraisal office,
or you may call this office at (406)444-2720. You'll notice
that the appeal form is a four part carbonless set. Be sure
to keep the goldenrod copy for your records (the last page).
It may be your only proof of filing the appeal!
- The county tax appeal board will schedule a hearing on the
appeal in the county seat of the county in which the property
at issue is located. The county tax appeal board will issue
a decision on your appeal. If either party is dissatisfied
with that decision, an appeal may be made to the State Tax
Appeal Board within 30 days of the receipt of the county tax
appeal board decision.
- The State Tax Appeal Board offers three options for hearing
your appeal of a decision of a county tax appeal board.
- We are based in Helena but will travel to the county
seat of the county in which the property is located.
- We will hold a telephonic hearing.
- We will hear the appeal on the record. This means
that we will provide the parties (the taxpayer and
the Department of Revenue) with a copy of the transcript
of the county tax appeal board. Within a specified
time period, the parties will submit additional statements
to the State Tax Appeal Board and to each other. The
board will then make a decision based upon the written
record.
- We will issue a written decision after hearing the appeal.
Either party aggrieved by a decision of the State Tax Appeal
Board may seek judicial review either in Lewis and Clark County
(First Judicial District) or in the judicial district in which
the property is located. Judicial review must be sought within
60 days of the date of the decision of the State Tax Appeal
Board.
- Direct appeals are those which come to us directly from a
decision of the Department of Revenue, the Department of Transportation
and the Department of Environmental Quality. These appeals
are typically not reviewed first by a county tax appeal board
and involve such issues as income tax, natural resource and
corporation license tax, centrally assessed property, new
industry, motor fuels tax, applications for property tax exemption,
and disputes concerning the certification of air and water
pollution control equipment. Direct appeals must be made to
this Board within 30 days of the receipt of the final department
decision. When making such an appeal to this Board, please
be sure to include a copy of the final department decision
and a copy of the hearing examiner's findings of fact and
conclusions of law, if any. The complaint itself can be in
the form of a letter containing a brief statement of the issue.
- Please have an adequate number of exhibits to hand out: One
set for the taxpayer, one set for each board member and one
set for the official record for a total of five. Please have
them organized in the order in which you plan to make your
presentation.
- Support your conclusions of value:
Suggestions
for Preparing an Appeal (PDF, 19kb) is a helpful discussion
on the subject of supporting your conclusions of value in
a hearing.