HomeMy WebLinkAboutAgenda - 08-17-2010 - 4d 1
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: August 17, 2010
Action Agenda
Item No. �
SUBJECT: Motor Vehicle Property Tax Release/Refunds for July
DEPARTMENT: Tax Administration PUBLIC HEARING: (Y/N) No
ATTACHMENT(S): INFORMATION CONTACT:
Resolution Jo Roberson, Tax Administrator
Release/Refund Data Spreadsheet 919-245-2727
Reason for Adjustment Summary
PURPOSE: To consider adoption of a refund resolution related to 73 requests for motor
vehicle property tax releases or refunds.
BACKGROUND: North Carolina General Statute (NCGS) 105-381(a)(1) allows a taxpayer to
assert a valid defense to the enforcement of the collection of a tax assessed upon his/her
property under three sets of circumstances:
(a) "a tax imposed through clerical error", for example when there is an actual error in
mathematical calculation;
(b) "an illegal tax", such as when the vehicle should have�been billed in another county, an
incorrect name was used, or an incorrect rate code (the wrong combiriation of applicable
county, municipal, fire district, etc. tax rates) was used;
(c) "a tax levied for an illegal purpose", which would involve charging a tax which was later
deemed to be impermissible under state law.
NCGS 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".
For classified motor vehicles, NCGS 105-330.2(b) allows for a full or partial refund when a tax
has been paid and a pending appeal for valuation reduction due to excessive mileage, vehicle
damage, etc. is decided in the owner's favor.
FINANCIAL IMPACT: Approval of these release/refund requests will result in a net reduction of
$8,332.37 to Orange County, the towns, and school and fire districts. Financial impact year to
date for FY 2010 -2011 is $8,332.37.
2
RECOMMENDATION(S): The Manager recommends that the Board:
• Accept the report reflecting the 73 motor vehicle property tax release/refunds requested
in accordance with the NCGS; and
• Approve of the attached refund resolution.
0l0 - 05 3
NORTH CAROLINA (� E.S - a �
ORANGE COUNTY
REFUND RESOLUTIOI�T(Approval)
Whereas,North Carolina General Statutes 105-381 and/ar 330.2(B)allows for the refund of taxes
when the Board of County Commissioners determines that a taxpayer applying for therefund has a valid
defense to the tax imposed;and
Whereas,the properties listed in each of the attached"Request for Property Tax Refunds"has
been taxed;and
Whereas,as to each of the properties listed in the Request for Property Tax Refunds,the t�cpayer
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 Refunds.
NOW,THEREFORE,IT IS RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF ORANGE COUNTY THAT the recommended property tax refund(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
,
Clerk to the Board of Commissioners
Clericai Error 105-381(a)(1)a.(INCORRECT RATE) BOCC REGISTERED MOTOR VEHICLE REPORT
I Ilegal Tax 105-381(a)(1)b.
Appraisal Appeal 105-330.2(B) August 17� 2���
BILLING RATE ORIGINAL ADJUSTED FINANCIAL
NAME& BILL NUMBER YEAR CODE VALUE Levy VALUE IMPACT REASON FOR ADJUSTMENT
Allman, Kenyon 20108478 2010 07 7,230 5,061 -23.94 Appraisal Appeal- High Mileage
Anbalagan, Victor
2010134 2010 22 13,950 11,600 -36.20 Appraisal Appeal- Purchase Price
Avent, Benjamin.2010244 2010 09 710 0 -6.52 Illegal Tax-Change County to Durham
Avent, Benjamin 2010245 2010 09 6,130 0 -56.27 Illegal Tax-Change County to Durham
Baez, Lynnette Kay
200983249 2009 22 7290 0 -175.47 Illegal Tax-Change County to Haywood
Bispo, Hallie 20108944 2010 09 8,000 5,920 -19.10 Appraisal Appeal-High Mileage
Bonardi,Vera 20109035 2010 21 3,130 1,565 -25.60 Appraisal Appeal-Holds a Total loss Rebuilt Title
Bradley, James 2010694 2010 22 10,460 9,205 -19.33 Appraisal Appeal- High Mileage
Britt, Kevin Wayne
2009132777 2009 26 16410 0 -232.1 Illegal Tax-Change County to Alamance
Campbell,Audra Carol
2009154938 2009 15 9430 7921 -13.56 Appraisal Appeal-High Mileage
Campbell, Richard
2009154947 2009 15 13080 11249 -16.45 Appraisal Appeal-High Mileage
Collman, Mitchell
20109764 2010 22 8,110 4,542 -54.95 Appraisal Appeal-High Mileage
Dearing, Jessey
20101Z46 2010 21 4,356 2,420 -31.67 Appraisal Appeal-Repair Estimate
Doss, Jeffrey Kyle
2009117400 2009 22 10,600 0 -206.33 Illegal Tax-Change County to Durham
Durham, Jeffrey Allen
20101971 2010 22 500 0 -37.70 Illegal Tax-Change County to Chatham
Edwards, Johnnie
201010348 2010 03 10,000 200 -88.65 Appraisal Appeal-Condition
Eischen, Francesca
20102047 2010 22 15,210 0 -264.30 Illegal Tax- NCDMV Error
Emch, Blaine David
201010399 2010 00 5,400 0 -49.22 Illegal Tax-Change County to Chatham
Fernandez, David Illegal Tax-Military Leave and Earning Statement Home of
20102229 2010 22 22,560 0 -377.51 Record (FL)
Foster, Rosa 200985717 2009 22 9610 -110.42 Clerical Error-Incorrect Rate Code
July 1 st thru July 31 st, 2010 �,
Clerical Error 105-381(a)(1)a.(INCORRECT RATE) BOCC REGISTERED MOTOR VEHICLE REPORT
Illegal Tax 105-381(a)(1)b.
Appraisal Appeal 105-330.2(B) AUgUSt �7� 20�0
BILLING RATE ORIGINAL ADJUSTED FINANCIAL
NAME&BILL NUMBER YEAR CODE VALUE Levy VALUE IMPACT REASON FOR ADJUSTMENT
Fudge, Joseph 20102423 2010 23 9,690 0 -153.22 Illegal Tax-Military Exempt Disable Veteran
Gifford, Allen 20102592 2010 11 10,200 7,200 -32.46 Appraisal Appeal- Repair Estimate
Gordon, lan Keith .
2009148933 2009 22 18120 0 -323.07 Illegal Tax-Change County to Durham
Gupta,Arun Premchand
20102807 2010 22 18,220 12,307 -91.08 Appraisal Appeal-High Mileage& Repair Estimate
Hajirahim, Mohsen
20102852 2010 22 12,500 11,000 -23.11 Appraisal Appeal-High Mileage
Hargrove, Crystal
20102937 2010 22 13,740 10,992 -42.34 Appraisal Appeal-High Mileage
Hayes, Laurence
201011324 2010 09 49,000 500 -445.18 Appraisal Appeal-Holds an Antique Auto Plate
Herring, Ronald 20103127 2010 22 8,280 6,790 -22.95 Appraisal Appeal-High Mileage
Herter, Timothy 20103128 2010 10 13,710 12,339 -13.15 Appraisal Appeal-High Mileage
Illegal Tax-Military Leave and Earning Statement Home of
Hill, James 201011451 2010 22 14,890 -259.37 Record (FL)
Hudnell, Hilton 20103364 2010 17 8,400 4,500 -42.76 Appraisal Appeal-Damage&Condition
Johnson, Robert
201011872 2010 21 16,180 13,9'15 -37.05 Appraisal Appeal-High Mileage
Jones, Kathryn Ann
20103658 2010 16 7,280 3,640 -33.54 Appraisal Appeal-Holds a Total loss Rebuilt Title
Kaye-Sacek 20103753 2010 21 2,390 1,195 -19.54 Appraisal Appeal-High Mileage& Damage
Kempen, Robertus
Gerardus 20103787 2010 22 34,020 24,800 -142.03 Appraisal Appeal-Purchase Price
Illegal Tax-Military Leave and Earning Statement Home of
King, Nicholas 20101234 2010 22 10,350 � -189.43 Record (NY)
Knight, Jerlene
201012176 2010 03 8,000 6,950 -9.50 Appraisal Appeal- High Mileage
Kurt, Mark Robert
20103949 2010 21 9,440 8,496 -15.44 Appraisal Appeal-High Mileage
Leatherwood, Mark
20104087 2010 00 5,475 2,737� -24.90 Appraisal Appeal- Damage&Condition
Lee, Jae Seong Illegal Tax-Military Leave and Earning Statement Home of
201012377 2010 22 13,300 0 -234.87 Record (AK
July 1 st thru July 31 st, 2010 �„
Clerical Error 105-381(a)(1)a.(INCORRECT RATE) BOCC REGISTERED MOTOR VEHICLE REPORT
Iliegal Tax 105-381(a)(1)b.
Appraisal Appeal 105-330.2(B) AUgUSt �7� 2���
BILLING RATE ORIGINAL ADJUSTED FINANCIAL
NAME 8�BILL NUMBER YEAR CODE VALUE Levy VALUE IMPACT REASON FOR ADJUSTMENT
Leo and Pat Lawson 1998
Trust 20104151 2010 17 23,780 0 -260.72 Illegal Tax-Change County to Chatham
Massey-Douglas, Ranell
201012774 2010 22 12,560 -113.61 Clerical Error-Incorrect Rate Code
May James Francis
2009143244 2009 22 59,470 0 -1005.62 Illegal Tax-Change County to Wake
McClurg, Mike Illegal Tax-Military Leave and Earnings Statement Home of .
2009136206 2009 21 14,530 0 -284.93 Record (OH)
Mcvea, Carrie Ann
201012964 2010 22 3,120 2,283 -12.89 Appraisal Appeal- High Mileage& Damage
Miller, George 20104904 2010 15 5,475 500 -44.71 Appraisal Appeal-Damage&Condition
Mims, Kissue 201013094 2010 22 7,370 -75.61 Clerical Error-Incorrect Rate Code
Mitchell, Glenn 20104957 2010 22 4,860 3,985 -13.48 Appraisal Appeal-High Mileage
Nassehzadeh-Tabrizi,
Sara 20105188 2010 22 30,020 29,670 -5.39 Appraisal Appeal- High Mileage
NC High School Athletic
Assoc 20105193 2010 22 16,460 8,230 -126.76 Appraisal Appeal- 1/2 off value Co Owner not Exempt
Parratt Wolff Inc
20105565 2010 23 15,542 13;467 -30.66 Appraisal Appeal-High Mileage
Parratt Wolff Inc
20105568 2010 23 11,760 8,232 -52.14 Appraisal Appeal-High Mileage
Peter-Williams, Cherelle Illegal Tax-Military Leave and Earnings Statement Home of
200989459 2009 21 4,420 0 -123.96 Record (NY)
Pothula, Viswandham Illegal Tax-Military Leave and Earning Statement Home of
20105892 2010 22 3,370 0 -81.91 Record (FL)
Powell, Brandy
201013925 2010 22 22,340 0 -374.13 Illegal Tax-Change County to Caldwell
Powell, Brandy
201013926 2010 22 20,830 0 -350.86 Illegal Tax-Change County to Caldwell
Rauen, Sheila 20104070 2010 16 64,650 32,325 -297.91 Appraisal Appeal- 1/2 off value Co Owner not Exempt
Rios, Piero Renato
201014303 2010 22 4,860 4,285 -8.85 Appraisal Appeal- High Mileage
Rodriguez, Pedro
2009159683 2009 21 2,980 -78.74 Clerical Error-Incorrect VIN Entered
July 1 st thru July 31 st, 2010 �
Clerical Error 105-381(a)(1)a.(INCORRECT RATE) � BOCC REGISTERED MOTOR VEHICLE REPORT
Iliegal Tax 105-381(a)(1)b.
Appraisal Appeal 105-330.2(B) AUgUSt �7� 2���
BILLING RATE ORIGINAL ADJUSTED FINANCIAL
NAME 8 BILL NUMBER YEAR CODE VALUE Levy VALUE IMPACT REASON FOR ADJUSTMENT
Rogers, Willie 20106359 2010 15 1,200 0 -10.79 Illegal Tax-Change County to Durham
Rositch, Damian
20106382 2010 22 20,950 20,200 -11.54 Appraisal Appeal-High Mileage
Seaton, Kelly 20106613 2010 22 3,790 3,515 -4.24 Appraisal Appeal- High Mileage
Sitton, Cecil 20106789 2010 26 1,470 0 -19.52 Illegal Tax-Change County to Guilford
Sleboda, Robert
20106802 2010 21 4,090 3,027 -17.39 Appraisaf Appeal- High Mileage
Spooner, Sandra
201015080 2010 21 25,280 0 -443.53 Illegal Tax-Change County to Wake
Thomas, Alvis Lacy
201015419 2010 23 11,100 -99.79 Clerical Error- Incorrect Rate Code
Trading Path Preservation .
Associate 201015570 2010 23 7,980 0 -127.95 Illegal Tax- Exempt Status
Trenner, James Edward
201015581 2010 00 7,180 5,744 -13.09 Appraisal Appeal -High Mileage
Watson, William Paul
201015970 2010 21 10,990 10,690 -4.91 Appraisal Appeal- Damage
White, James Everett
2009153616 2009 16 8960 7347 -15.62 Appraisal Appeal- High Mileage
Wilson, Charles Henry
201016202 2010 00 13,120 0 -119.60 Illegal Tax-Change County to Durham
Woods, Byron Eugene
20108193 2010 21 3,920 3,595 -5.32 Appraisal Appeal-High Mileage
Yoder, Monte Lee Illegal Tax-Military Leave and Earning Statement Home of
201016356 2010 22 4,280 0 -95.92 Record (FL)
TOTAL -8332.37
July 1 st thru July 31 st, 2010
�
Military Leave and Earning Statement: Is a copy of a serviceman's payroll stub $
covering a particulax pay period. This does list his home of record,which is his
permanent state of residence where he would pay any state income taxes.
Vehicle Titles
Salvaged and Salvage Rebuilt: Any repairs that exceed 75% of the vehicle's market
value using NADA, Kelly Blue Book and various other publications.
When the insurance company has totaled the vehicle, and the customer has received the
claim check, four things can happen:
• Insurance company can keep the vehicle.
• Customer can keep the vehicle. The customer is instzucted to contact the local
DMV inspector to have an initial inspection done, for vehicles 2001 to 2006
(these dates change yearly, example in 2007 the models will be 2002-2007).
• Affidavit of Rebuilder-The inspector lists each part that needs to be repaired.
• Final inspection-if all work is cleared and approved by the inspector then the
rebuilt status is then removed(salvaged status remains).
Note: Finance companies will not finance a salvaged vehicle.
Total Loss: Repairs were more than the market value of the vehicle and the insurance
company is unwill'vng to pay for the repairs.
Total Loss/Rebuilt: Whatever the repairs were to make the vehicle road worthy after a
Total Loss status has been given. Vehicle must be 5 years old or older.Vehicle status
then remains as salvaged or rebuilt.
Certificate of Reconstruction: When work has been done on(vehicles 2001-2006 in
year 2006)this is issued when the inspector didn't see the original damaged and the
vehicle has been repaired.
Certificate of Destruction: NC DMV will not register this type of vehicle. It is not fit
for North Carolina roads.
Custom Built: When the customer has built this vehicle himself or herself. Ex. parts
taken from various vehicles to build one vehicle. Three titles are required from the DMV
in this case. 1) Frame 2) Transmission 3) Engine.
Then an indemnity bond must be issued. An indexnnity bond must also be issued when
the vehicle does not have a title at all.
Per Flota with NCDMV
September 8,2006