HomeMy WebLinkAboutAgenda - 12-13-2011 - 5cORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: December 13, 2011
Action Agen a
Item No. 'G
SUBJECT: Motor Vehicle Property Tax Release/Refunds
DEPARTMENT: Tax Administration PUBLIC HEARING: (Y/N) No
ATTACHMENT(S):
Resolution
Release/Refund Data Spreadsheet
Reason for Adjustment Summary
INFORMATION CONTACT:
Jenkins S. Crayton, 919-245-2735
PURPOSE: To consider adoption of a release/refund resolution related to 36 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) 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
$6,504.87 to Orange County, the towns, and school and fire districts. Financial impact year to
date for FY 2011-2012 is $33,923.97.
2
RECOMMENDATION(S): The Manager recommends that the Board:
• Accept the report reflecting the 36 motor vehicle property tax release/refunds requested
in accordance with the NCGS; and
• Approve of the attached refund resolution.
NORTH CAROLINA 3
RES- aol 1- ~o~
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
release/refund 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 not 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 arefund or release 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
2011.
Clerk to the Board of Commissioners
Clerical Error 105-381(a)(1)a.(INCORRECT RATE) BOCC REGISTERED MOTOR VEh11CLE REPORT
Illegal Tax 105-381(a)(1)b.
Appraisal Appeal 105-330.2(b) DECEMBER 13, 2011
ABSTRACT BILLING ORIGINAL ADJUSTED FINANCIAL
NAME NUMBER YEAR VALUE VALUE IMPACT REASON FOR ADJUSTMENT
Bergsten, Kristin Jane 596198 2011 10,740 0 (195.44) Ille al Tax-Change of County (Chatham)
Cooke, Milton Perreault 981334 2011 15,490 0 (268.60) Ille al Tax-Chan e of County Durham)
Freedom House Recove Center Inc. 758943 2011 10,780 0 (92.49) Illegal Tax- Property Exempt
Freedom House Recove Center Inc. 703486 2011 6,570 0 (56.37) Ille al Tax- Prope Exempt
Ghiradella, Tarik James 981140 2011 5,200 0 (69.06 Ille al Tax-Change of County (Alamance)
Harlan, William Grego 982480 2011 27,690 0 (248.88) Ille al Tax-Change of Count (Guilford)
Inter Faith Council For Social Service 855868 2011 5,850 0 (120.11) Illegal Tax- Pro ert Exempt
Knecht, Dennis Michael 979249 2011 30,180 0 (275.87) Illegal Tax-Chan e of County (Catawba)
Leo, James Santino 980174 2011 10,480 7,546 (45.19) A praisal Appeal - High Mileage
Merlau, Eric 981973 2011 15,870 14,283 (25.96) Appraisal Appeal- Hi h Mileage
Monta ue, Ernest James 601845 2011 19,180 0 (325.45) Illegal Tax-Chan e of Count (Durham)
Moore, Robert Warren 633109 2010 14,470 9,840 (51.66) Appraisal A peal -Hi h Milea e
Orange Alamance Water 763706 2011 11,590 0 (99.44) Ille al Tax- Property Exem t
Oran e Alamance Water 982401 2011 19,920 0 (180.19 Illegal Tax- Property Exempt
Parratt-Wolff Inc. 602456 2011 20,980 18,462 (37.23) Appraisal Appeal- High Mileage
Parratt-Wolff Inc. 602455 2011 15,560 14,004 (23.00) Appraisal Appeal - Hi h Milea e
Piedmont Electric Membership Corporation 691863 2010 12,500 0 (112.61) Illegal Tax- Property Exempt
Piedmont Electric Membership Cor oration 785220 2011 47,750 0 (409.70) Illegal Tax- Property Exempt
Piedmont Electric Membershi Cor oration 691867 2010 15,900 0 (143.24) Illegal Tax- Propert Exempt
Piedmont Electric Membership Cor oration 971214 2010 28,070 0 (273.56) Illegal Tax- Property Exempt
Piedmont Electric Membership Cor oration 960543 2010 16,020 0 (147.64) Ille al Tax- Pro erty Exem t
Piedmont Electric Membershi Cor oration 954426 2010 80,270 0 (739.77) Ille al Tax- Prope�ty Exem t
Piedmont Electric Membershi Cor oration 978634 2011 21,520 0 (196.71) Illegal Tax- Property Exempt
Piedmont Electric Membership Cor oration 974172 2010 23,790 0 (230.21) Illegal Tax- Property Exempt
Piedmont Electric Membershi Cor oration 941843 2010 20,360 0 (197.16) Illegal Tax- Propert Exempt
Piedmont Electric Membership Cor oration 959321 2010 20,070 0 (184.96) Illegal Tax- Propert Exempt
Piedmont Electric Membershi Cor oration 967494 2010 39,990 0 368.54 Ille al Tax- Pro ert Exem t
.p
November 17, 2011 thru November 21 , 2011
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) DECEMBER �3, 2011
ABSTRACT BILLING ORIGINAL ADJUSTED FINANCIAL
NAME NUMBER YEAR VALUE VALUE IMPACT REASON FOR ADJUSTMENT
Piedmont Electric Membershi Cor oration 967617 2010 24,070 0 (221.83) Illegal Tax- Pro ert Exempt
Piedmont Electric Membership Corporation 970559 2010 27,680 0 (269.76) Illegal Tax- Propert Exempt
Piedmont Electric Membership Corporation 941843 2011 18,470 0 (168.83) Illegal Tax- Propert Exem t
Piedmont Electric Membership Corporation 731401 2011 5,590 0 (47.96) Illegal Tax- Pro erty Exempt
Shipley, Brian John 603787 2011 19,200 0 (325.76) Ille al Tax-Chan e of Count (Chatham
Thomas, Michael Bradle 604520 2011 14,100 10,998 (28.36) Ap raisal Appeal- Hi h Milea e
Truesdale, Jason Othniel 982132 2011 15,870 0 (147.27) Illegal Tax-Change of Count (Chatham).
Truesdale, Jason Othniel 982491 2011 14,710 0 (136.51) Illegal Tax-Change of County (Chatham)
Woodson, Kathleen Charlotte 661501 2010 570 0 (39.55) Illegal Tax-Change of County (Wake
Total 6,504.87
�
November 17, 2011 thru November 21 , 2011
Military Leave and Earning Statement: Is a copy of a serviceman's payroll stub 6
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 vehicle.
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