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HomeMy WebLinkAboutAgenda - 05-06-2010 - 4cORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: May 6, 2010 Action Agenda Item No. 4 - G SUBJECT: Property Tax Refunds DEPARTMENT: Tax Administration PUBLIC HEARING: (Y/N) No ATTACHMENT(S): Resolution Spreadsheet INFORMATION CONTACT: Jo Roberson, 245-2727 PURPOSE: To consider adoption of a refund resolution related to two (2) requests for property tax refund. BACKGROUND: The Tax Administration Office has received two (2) requests from taxpayers for refund of property taxes paid in prior fiscal years. North Carolina General Statute 105- 381(b), "Action of Governing Body" provides that "upon receiving a taxpayer's written statement of defense and request for release or refund, the governing body of the Taxing Unit shall within 90 days after receipt of such a request determine whether the taxpayer has a valid defense to the tax imposed or any part thereof and shall either release or refund that portion of the amount that is determined to be in excess of the correct liability or notify the taxpayer in writing that no release or refund will be made". North Carolina law allows the Board to approve property tax refunds for the current and four previous fiscal years. FINANCIAL IMPACT: Approval of this change will result in a net reduction in revenue of $2,219.02 to the County, municipalities, and special districts. The Tax Assessor recognized that refunds could impact the budget and accounted for these in the annual budget projections. RECOMMENDATION(S): The Manager recommends the Board approve the attached resolution approving these property tax refund requests in accordance with N.C. General Statute 105-381. RED-ao-o-033 NORTH CAROLINA ORANGE COUNTY REFUND/RELEASE RESOLUTION (Approval) Whereas, North Carolina General Statutes 105-381 and/or 330.2(B) allows for the refund and/or release of taxes when the Board of County Commissioners determines that a taxpayer applying forthe refund/release has a valid defense to the tax imposed; and Whereas, the properties listed in each of the attached "Request for Property Tax Refund/Release" has been taxed and the tax has been collected: and Whereas, as to each of the properties listed in the Request for Property Tax Refund/Release, the taxpayer has timely applied in writing for a refund of the tax imposed and has presented a valid defense to the tax imposed as indicated on the Request for Property Tax Refund/Release. NOW, THEREFORE, IT IS RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ORANGE COUNTY THAT the recommended property tax refund(s) and release(s)are approved. Upon motion duly made and seconded, the foregoing resolution was passed by the following votes: Ayes: Commissioners Noes: I, Donna Baker, Clerk to the Board of Commissioners for the County of Orange, North Carolina, DO HEREBY CERTIFY that the foregoing has been carefully copied from the recorded minutes of the Board of Commissioners for said County at a regular meeting of said Board held on said record having been made in the Minute Book of the minutes of said Board, and is a true copy of so much of said proceedings of said Board as relates in any way to the passage of the resolution described in said proceedings. WITNESS my hand and the corporate seal of said County, this day of 2010. Clerk to the Board of Commissioners REFUND/RELEASE May 6, 2010 Old New Value Rate Financial Property Name Map Ref Tract # Value Value Difference Code Impact Description Reason for Adjustment Directed Endeavors Acct 303067 8,232 4,542 -3,690 23 -61.55 Bus Personal Illegal Tax 105-381(a)(1)b Refund is for year 2008 Error in calculation of depreciated value of assets. Dixie Sporting Goods Acct 269418 52,522 0 -52,522 22 -2,219.02 Bus Personal Illegal Tax 105-381(a)(1 )b Refund is for 2006 & 2008 (2009 Release) Business actually located in Durham Co -56,212 -2,219.02 __ w