HomeMy WebLinkAboutAgenda - 09-21-2010 - 4eORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: September 21, 2010
Action Agenda
Item No. ~-' ~',
SUBJECT: Motor Vehicle Property Tax Release/Refunds
DEPARTMENT: Revenue/Tax Collector PUBLIC HEARING: (Y/N) No
ATTACHMENT(S):
Resolution
Release/Refund Data Spreadsheet
Reason for Adjustment Summary
INFORMATION CONTACT:
Jo Roberson, Tax Administrator
919-245-2727
PURPOSE: To consider adoption of a refund resolution related to 29 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 combination 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)
has been paid and a pending appeal for valuation
damage, etc. is decided in the owner's favor.
allows for a full or partial refund when a tax
reduction due to excessive mileage, vehicle
FINANCIAL IMPACT: Approval of these release/refund requests will result in a net reduction of
$3,840.66 to Orange County, the towns, and school and fire districts. Financial impact year to
date for FY 2010 - 2011 is $12,173.03.
2
RECOMMENDATION(S): The Manager recommends that the Board:
• Accept the report reflecting the 29 motor vehicle property tax release/refunds requested
in accordance with the NCGS; and
• Approve of the attached refund resolution.
3
NORTH CAROLINA ~ E S - o~ C7 ~ O - O ~ I
ORANGE COUNTY
REFUND RESOLUTION (Approval)
Whereas, North Carolina General Statutes 105-381 and/or 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 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 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
Clerical Error 105-381(a)(1)a.(INCORRECT RATE)
Illegal Tax 105-381(a)(1)b.
Appraisal Appeal 105-330.2(8)
BOCC REGISTERED MOTOR VEHICLE REPORT
September 21, 2010
BILLING RATE ORIGINAL ADJUSTED FINANCIAL
NAME & BILL NUMBER YEAR CODE VALUE Levy VALUE IMPACT REASON FOR ADJUSTMENT
Ambrocio, Silvia Rangel
200992825 2009 21 1,070 0 -49.51 Illegal Tax -Change to Granville
Barkemeyer, John Henry
2009139413 2009 22 12,730 0 -240.31 Illegal Tax -Military Exempt Home of Record is IL
Beckwith, Dennis
201074297 2010 15 6,590 ~ 0 -59.22 Illegal Tax -Change County to Durham
Beckwith, Dennis
201074298 2010 15 16,640 0 -149.53 Illegal Tax -Change County to Durham
Berrien, Kathryn .
20108900 2010 23 5,840 4,555 -19.00 Appraisal Appeal -High Mileage
Chandler, Gregory
20109569 2010 21 9,440 4,720 -77.21 Appraisal Appeal - Holds a Totalloss Salavage Title
Cianciolo, Sandra
201075188 2010 21 14,200 13,623 -9.44 Appraisal Appeal -Repair Estimate
County Motor Co. Inc '
201075431 2010 22 20,900 -165.15 Clerical Error -Incorrect Rate Code
Dodson, Leigh Moore
201010193 2010 23 18,540 16,315 -32.89 Appraisal Appeal -High Mileage
Edwards, Erin 201076010 2010 21 5,910 4,846 -17.40 Appraisal Appeal -High Mileage
Flack, Norman Eugene
201076290 2010 03 157,143 15,714 -1279.37 Appraisal Appeal -Incorrect value due to Keying Error.
Goldston, Jeffrey
201010926 2010 22 4310 4110 -3.09 Appraisal Appeal -High mileage
Hoffman, Paul 201077249 2010 22 19,960 17,565 -36.89 Appraisal Appeal -High Mileage
Holloway, Dorothy Hall
201077280 2010 00 9,430 8,110 -12.04 Appraisal Appeal -High Mileage
Koszalka, Elizabeth
201078055 2010 22 20,680 0 -348.55 Illegal Tax -Change County to Durham
Lee, Jae Seong Illegal Tax -Military Leave and Earnings Statement Home of
201078239 2010 22 11,050 0 -200.22 Record is AL
Little, Stephanie
201078368 2010 23 10,935 0 -182.39 Illegal Tax -Change County to Chatham
Magalhaes, Jose
201012645 2010 22 11,690 10,521 -18.00 A raisal Appeal -High Milea e
August 1st thru August 31st, 2010 ~
Clerical Error 105-381(a)(1)a.(INCORRECT RATE)
I Ilegal Tax 105-381(a)(1)b.
Appraisal Appeal 105-330.2(6)
BOCC REGISTERED MOTOR VEHICLE REPORT
September 21, 2010
BILLING RATE ORIGINAL 'ADJUSTED FINANCIAL
NAME & BILL NUMBER YEAR CODE VALUE Levy VALUE IMPACT REASON FOR ADJUSTMENT
McNeely, Joel '
201012951 2010 22 10,310 0 -188.81 Illegal Tax -Change County to Guilford
Meade, Charlene Griffin
201078901 2010 03 8,090 5,825 -20.49 Appraisal Appeal -High Mileage
Newton, Adrian ~_
201079315 2010 22 22,300 18,732 -54.96 Appraisal Appeal -High Mileage
Odell, William Thomerson
201079434 2010 09 11,240 8,269 -27.27 Appraisal Appeal -Price Paid
Podolak, Steven
201013866 2010 00 7,820 5,818 -18.25 Appraisal Appeal -High Mileage & Repair Estimate
Roberson, Jerome
2009152128 2009 21 1,650 0 -58.73 Illegal Tax -Change County to Durham
Satterwhite, Anthony
Maurice Illegal Tax -Military Leave and Earnings Statement Home of
2009110955 2009 21 8,390 0 -181.32 Record is TX
Shundi, Andy
201080805 2010 22 18,090 15,919 -33.44 Appraisal Appeal -High Mileage
Trevino, Duane Angel
201081769 2010 03 20,450 13,906 -59.20 Appraisal Appeal -High Mileage
Yang, Yang
201016339 2010 22 5,930 5,280 -10.01 Appraisal Appeal -High Mileage
Yim, James Illegal Tax -Military Leave and Earnings Statement Home of
201016353 2010 21 15,770 0 -287.97 Record is Canada
TOTAL -3840.66
August 1st thru August 31st, 2010 ~
Military Leave and Earning Statement: Is a copy of a serviceman's payroll stub g
covering a particular 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 instructed 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 veliicle.
Total Loss: Repairs were more than the market value of the vehicle and the insurance
company is unwilling 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 indemnity bond must also be issued when
the vehicle does not have a title at all.
Per Flora with NCDMV
September 8, 2006