ARTICLE
16 March 2018

Property Taxes: Are Casinos Paying More Than Their Fair Share?

DW
Dickinson Wright PLLC

Contributor

Dickinson Wright PLLC, founded in 1878, is a full-service business law firm with 550+ lawyers across the United States and Canada, covering over 40 practice areas and industry groups. Headquartered in Detroit, the firm provides practical, business-focused legal solutions and invests in technology and personnel to support efficient, innovative service delivery. Dickinson Wright maintains independently verified information security and risk management controls, including ISO/IEC 27701:2019 certification, reflecting a commitment to protecting sensitive client matters. The firm handles complex transactions and high-stakes litigation and is regularly recognized by leading legal industry organizations for the quality of its work.
Simply put, being aggressive in managing property taxes is a necessity for competitiveness in the marketplace.
United States Media, Telecoms, IT, Entertainment

As the proliferation of casinos continues throughout the country, the valuations they once commanded in property assessments (personal or real) has arguably declined. Newer facilities, or those built in the last 10-15 years, often had property tax agreements associated with their construction. The older agreements, depending upon the "success" of the casinos, may prove to be reverse or negative agreements (i.e., if they were assessed properly on the assessment rolls or grand lists, they would be paying less in property taxes than what results from the agreements). Thus, like many properties (e.g., generation plants) that have similarly entered into property tax agreements lasting decades, a review of those agreements as they age is imperative to ensure they continue to result in equitable property tax treatment.

Similarly, older casino facilities built prior to the era of property tax agreements used to encourage their construction may also be paying inequitable property taxes as the gambling market becomes more saturated. Owners that aggressively manage their property taxes achieve valuations more in line with realistic values of the real and personal property in the marketplace.

Simply put, being aggressive in managing property taxes is a necessity for competitiveness in the marketplace. Property taxation, especially in states having greater dependence on it for revenue generation, often is excessive when the property owner fails to have a program that annually monitors valuation changes in the assessments and marketplace and then challenges overassessments.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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