HomeMy WebLinkAboutAgenda - 04-03-2012 - 5bORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: April 3, 2012
Action Agenda
Item No. 5 - ~
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 32 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
$3,050.32 to Orange County, the towns, and school and fire districts. Financial impact year to
date for FY 2011-2012 is $57,168.17.
2
RECOMMENDATION(S): The Manager recommends that the Board:
• Accept the report reflecting the 32 motor vehicle property tax release/refunds requested
in accordance with the NCGS; and
• Approve of the attached refund resolution.
NORTH CAROLINA Q~ 5__ a~ ~'a - O 3~
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ORANGE COUNTY
REFUND/RELEASE RESOLUTION (Approval)
Whereas, North Carolina General Statutes 105-381 andlor 330.2(b) allows for the refund and/or
release of taaces 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 Properiy 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 Properiy Taac 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 ta~c imposed as indicated on the Request for Property TaxRefund/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
, 2012.
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Clerk to the Board of Commissioners
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) APRIL 3, 2012
ABSTRACT BILLING ORIGINAL ADJUSTED FINANCIAL
NAME NUMBER YEAR VALUE VALUE IMPACT REASON FOR ADJUSTMENT
Bailey,Stephen 984653 2011 10,440 0 (138.65) County changed to Alamance(Illegal tax)
Boll, Bradford 992451 2011 11,510 0 (207.30) County changed to Chatham(Illegal tax)
Clark,Oliver 615572 2011 6,300 5,775 (7.75) High mileage(Appraisal appeal)
Des-Harnais,Mary 992914 2011 28,720 19,999 (79.72) Price paid(Appraisal appeal)
Ehrisman,Jessie 986703 2011 28,720 21,728 (103.34) Price paid(Appraisal appeal)
Fesel, Keely 992529 2011 10,300 (188.66) Military exempt home of record PA(Illegal tax)
Friedman,Charles 990790 2011 18,590 15,729 (26.16) Price paid(Appraisal appeal)
Giovanelli, Lisa 992314 2011 7,720 3,860 (42.32) Holds a total loss title(Appraisal appeal)
Harris, Keith 959168 2011 18,250 15,180 (28.50) Price paid(Appraisal appeal)
Heath, Randall 990629 2011 18,100 11,222 (77.38) High mileage(Appraisal appeal)
Hukins,Shakia 956325 2011 18,090 16,281 (24.02) High mileage(Appraisal appeal)
Ingold,James Edward Jr. 631676 2011 18,200 16,016 (19.64) High mileage(Appraisal appeal)
Ireland, Robert 631687 2011 6,640 (77.67)Incorrect rate code(Clerical error)
Ireland, Robert 631687 2010 7,600 (84.56)Incorrect rate code(Clerical error)
Ireland, Robert 631687 2009 7,820 (86.14) Incorrect rate code(Clerical error)
Ireland, Robert 547269 2008 9,870 (114.81) Incorrect rate code(Clerical error)
Ireland, Robert 461570 2007 11,360 (110.90) Incorrect rate code(Clerical error)
Krishtal, Mikhail 625434 2011 13,090 10,634 (37.83) High mileage and damage(Appraisal appeal)
McGurk,John 626000 2011 18,220 13,118 (56.97) High mileage(Appraisal appeal)
NC United Methidist Camp&Retreat Ministries S/B Methodist 640530 2011 8,630 (77.57)Tax exempt(Illegal tax)
Reintjes,Susan 991679 2011 15,250 (137.93)Incorrect Rate code(Clerical error)
Ringeisen, Lani 990554 2011 7,740 0 (84.86) County changed to Chatham(Illegal tax)
Ringeisen, Lani 990751 2011 27,380 0 (300.19) County changed to Chatham(Illegal tax)
Southerland,Carolyn 627616 2011 6,170 (66.58) Incorrect rate code(Clerical error)
Spero, Richard Alan 627636 2011 15,680 10,349 (82.12) High mileage(Appraisal appeal)
Szogas,Kevin Alain 634798 2011 12,120 0 (131.76) County changed to Chatham(Illegal tax)
Taylor,Alison 634835 2011 4,390 2,195 (20.07)Holds a total loss title(Appraisal appeal)
Tyson, Ruel 992255 2011 16,850 0 (184.75) County changed to Chatham(Illegal tax)
Van Bourgondien,Mary 991566 2011 554 0 (6.07) County changed to Chatham(Illegal tax)
Whelan,Scott James 991822 2011 14,530 0 (192.96) County changed to Alamance(Illegal tax)
Wilcoxen, Marshall 990418 2011 3,240 0 (29.12) County changed to Durham(Illegal tax)
Wilcoxen,Marshall 991619 2011 24,930 0 (224.02) County changed to Durham(Illegal tax)
Total (3,050.32)
March 1, 2012 thru March 14, 2012
Military Leave and Earning Statement: Is a copy of a serviceman's payroll stub 5
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 hersel£ 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