Do Universities Pay Property Taxes? Exempt Property and PILOTs

Do universities pay property taxes? In most cases, no. Land and buildings that a university uses for teaching, research, student housing, and other educational purposes are exempt from local property taxes, whether the school is a public state institution or a private nonprofit. But the exemption has real limits. Property used commercially is taxable, universities still owe many municipal fees, and many schools voluntarily pay their host cities to help cover services.

Why University Property Is Usually Exempt

Two different legal doctrines produce the same outcome, depending on the type of school.

Public universities are treated as arms of their state governments. Under sovereign immunity, state-owned property sits beyond the reach of local taxing authorities.1Library of Congress. Officer Suits and State Sovereign Immunity – Constitution Annotated A state university campus is treated much the same as a state courthouse or highway. Local governments cannot assess it.

Private nonprofit universities take a different route. They organize under Section 501(c)(3) of the Internal Revenue Code, which recognizes organizations operated exclusively for educational purposes as tax-exempt.2Internal Revenue Service. Exempt Purposes – Internal Revenue Code Section 501(c)(3) That federal status is generally the foundation for state-level property tax relief, since nearly every state constitution or statute exempts property used for charitable or educational work.

Neither shield is automatic. Under Section 501(c)(3), a university must be organized and operated exclusively for exempt purposes, and no part of its earnings may benefit any private shareholder or individual.3Internal Revenue Service. Exemption Requirements – 501(c)(3) Organizations And every parcel of property must independently satisfy the state’s rules for exempt use.

What Counts as Exempt Property

For each piece of property, a university generally has to show two things: it owns the property (or holds a qualifying leasehold interest), and the property is used for educational purposes.

Most states apply an “exclusive use” test, meaning the property must be dedicated to activities like classroom instruction, academic research, or student housing. Courts in many states read “exclusive” as “primary,” so small incidental uses don’t destroy the exemption. Libraries, dormitories, lecture halls, laboratories, and administrative offices qualify without much argument. Even vacant land can be exempt in some states if the institution has taken concrete steps toward future educational use, such as securing building permits or beginning site preparation.

Local assessors regularly audit exempt properties to confirm the actual use matches the declared purpose. A building originally approved for classroom use that has been quietly converted into a revenue-generating conference center can be pulled back onto the tax roll.

University Property That Does Get Taxed

When property serves a commercial rather than educational function, it is generally taxable, even if it sits in the middle of campus. The common taxable scenarios:

  • Retail spaces operated by for-profit tenants, like a national coffee chain or a privately run bookstore, which are seen as competing with local businesses rather than advancing education.
  • Land leased to private corporations for offices or commercial development. The leasehold interest, and sometimes the underlying land, becomes subject to standard property tax assessments.
  • Investment property held for future resale or financial return, with no current or planned educational use.
  • For-profit hotels and conference centers on university-owned land that primarily serve outside guests rather than academic functions.

When a single property is used partly for exempt purposes and partly for something else, the majority rule across states is that only the commercial portion loses the exemption. If a campus building is 70 percent classrooms and 30 percent retail, only the retail portion is assessed.

Faculty and Staff Housing

University-owned housing for faculty and staff gets mixed treatment. Some states consider on-campus faculty housing reasonably necessary to the educational mission, particularly when residents serve as live-in mentors or their proximity to campus is integral to their academic role. Other states treat residential housing, especially when it resembles a market-rate apartment complex, as a non-educational use subject to tax. The outcome usually turns on how directly the housing ties to the school’s academic function rather than simply providing a lifestyle benefit to employees.

Fees and Payments Universities Still Owe

A property tax exemption shields a university from taxes based on property value. It doesn’t necessarily protect the school from fees charged for specific services. Even fully exempt universities usually owe:

  • Water and sewer charges, billed based on usage and almost universally treated as user fees rather than taxes.
  • Trash collection fees, whether flat or usage-based.
  • Special assessments for specific infrastructure projects, like new sidewalks, streetlights, or road improvements, that directly benefit the property.

Stormwater fees are contested. Some municipalities classify them as user fees that all landowners must pay. Courts in other jurisdictions have ruled that these charges function as taxes, meaning exempt institutions do not have to pay. The result depends on how the fee is structured. If it provides a measurable, individualized service to the property, it is more likely a fee. If it funds a general public benefit shared by all residents, courts are more likely to call it a tax that exempt institutions can avoid.

Payments in Lieu of Taxes

Many universities voluntarily contribute money to their host cities through agreements called Payments in Lieu of Taxes, or PILOTs. These are negotiated contributions, not legally required taxes, and they help offset the cost of fire protection, road maintenance, policing, and other municipal services that benefit the campus.

PILOTs are most common in cities where a university owns a large share of the land, shrinking the taxable base and shifting a heavier burden onto remaining homeowners and businesses. Amounts vary widely. Smaller institutions may contribute tens of thousands of dollars a year, while major research universities in urban areas pay tens of millions. Universities consistently account for roughly two-thirds of all PILOT revenue nationwide, and the bulk of that money comes from a small number of large institutions.

Some agreements also include non-monetary provisions, sometimes called Services in Lieu of Taxes, where universities provide benefits the city would otherwise fund, such as full-tuition scholarships for local students, community access to campus health clinics or recreational facilities, direct investment in neighborhood infrastructure, or partnerships with local public schools.

How Universities Get and Keep the Exemption

Property tax exemptions are not automatic. Universities must apply to their local tax assessor’s office, and the specific requirements vary by jurisdiction. Typical documentation includes:

  • Proof of ownership, such as a deed or qualifying lease agreement.
  • Tax-exempt status documentation, such as the IRS determination letter confirming 501(c)(3) status for private institutions, or proof of government entity status for public ones.
  • A description of how the property is used for educational purposes.
  • Organizational documents like articles of incorporation, a university charter, or accreditation certificates.

Filing deadlines vary but generally fall between January and April for the following tax year. Many localities require annual renewal, in which the institution confirms that the property continues to serve an exempt purpose. Missing a deadline, or failing to report a change in how the property is used, can cost the exemption and produce a bill for back taxes.

If a local assessor denies or revokes an exemption, the university can appeal, typically starting with the local board of review or assessment appeals board and moving to a state-level board or the courts if that fails. The burden of proof falls on the university to show the property qualifies. During the appeal, the school generally has to keep paying the assessed taxes; if the appeal succeeds, the overpayment is refunded or credited against future obligations.