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joanrajah · Dec 19, 2009, 02:00 AM

The church owns property. They want to build a church on it. It was taxed as commercial property. The taxes have accumulated. Can they still get a building permit?

excon · Dec 19, 2009, 09:41 AM

Hello joan:

You're not going to have a lot of success attempting to get a building permit from a county that thinks it is owed taxes.

But, the church is exempt from taxes and shouldn't owe any. THAT is the problem I'd fix first, then you'll sail through the building permit process.

If you don't know how to DO that, you're going to need the services of a CPA or a tax attorney.

excon

Fr_Chuck · Dec 19, 2009, 03:54 PM

I may agree but disagree with excon slightly

The department that issues building permits most likely will never check tax status. They look at the building plans, the zonning of the property and more.

First issue you can't build a church on commercial property if that is how it is zoned, so they first have to go to zonning and get it zoned for a church.

Second, why have they not changed the zoning and tax status, since if this was property for a church, they should not be paying taxes.

Next if this is property taxes, how much is due, how many years, and if more than two are you sure it was not sold by the state for taxes ?

AK lawyer · Dec 22, 2009, 09:32 AM

Originally Posted by Fr_Chuck

...
The department that issues building permits most likely will never check tax status. they look at the building plans, the zonning of the property and more.

I agree with Chuck there.

Originally Posted by Fr_Chuck

...
first issue you can't build a church on commerical property if that is how it is zoned, so they first have to go to zonning and get it zoned for a church.

That depends upon what the zoning ordinance says.

Also, the OP said it was "taxed as commercial property". He/she didn't say it was zoned as such.

Originally Posted by Fr_Chuck

...
Second, why have they not changed the zoning and tax status, since if this was property for a church, they should not be paying taxes.

In many places I think, church property tax exemptions only apply if the land is being used for church purposes. So, if it's undeveloped land, it may have been taxible even if owned by a church.

Also, of course, it may be that the church was required to to apply for the exemption and failed to do so.