HomeMy WebLinkAboutAgenda - 11-08-2012 - 5b 1
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: November 8, 2012
Action Agenda
Item No. 5-b
SUBJECT: Motor Vehicle Property Tax Release/Refunds
DEPARTMENT: Tax Administration PUBLIC HEARING: (Y/N) No
ATTACHMENT(S): INFORMATION CONTACT:
Resolution Dwane Brinson, Tax Administrator,
Release/Refund Data Spreadsheet 919-245-2109
Reason for Adjustment Summary
PURPOSE: To consider adoption of a release/refund resolution related to 53 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
$3,312.71 to Orange County, the towns, and school and fire districts. Financial impact year to
date for FY 2012-2013 is $22,557.06.
2
RECOMMENDATION(S): The Manager recommends that the Board:
• Accept the report reflecting the 53 motor vehicle property tax release/refunds requested
in accordance with the NCGS; and
• Approve of the attached refund resolution.
3
NORTH CAROLINA RES-2012-092
ORANGE COUNTY
REFUND/RELEASE RESOLUTION(Approval)
Whereas,North Carolina General Statutes 105-381 andlor 330.2(b)allows for the refund andlor
release of taxes when the Board of County Commissioners determines that a taxpayer applying for the
releaselrefund has a valid defense to the tax imposed; and
Whereas,the properties listed in each of the attached"Request for Property Tax RefundlRelease"
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 RefundlRelease,the
taxpayer has timely applied in writing for a refund or release of the tax imposed and has presented a valid
defense to the tax imposed as indicated on the Request for Properly Tax RefundlRelease.
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.
Clerk to the Board of Commissioners
4
Clerical error 105-381(a)(1)a.(Incorrect rate) BOCC REGISTERED MOTOR VEHICLE REPORT NOVEMBER 8� 2012
Illegal tax 105-381(a)(1)b.
Appraisal appeal 105-330.2(b)
ABSTRACT BILLING ORIGINAL ADJUSTED FINANCIAL
NAME NUMBER YEAR VALUE VALUE IMPACT REASON FORADJUSTMENT
Allen,Daniel 363413 2012 3,610 - (33.00) Changed county to Durham(Illegal tax)
Allen,Daniel 363413 2011 4,080 - (39.76) Changed county to Durham(Illegal tax)
Allen,Daniel 363413 2010 4,680 - (42.66) Changed county to Durham(Illegal tax)
Allen,Daniel 978493 2012 10,770 - (98.45) Changed county to Durham(Illegal tax)
Allen,Daniel 978493 2011 11,830 - (113.55) Changed countyto Durham(Illegal tax)
Barbee,Nikkeyla 1001218 2012 5,110 - (113.24) Military leave and earning statement home of record is TX(Illegal tax)
Barthold,Frank 1010703 2012 2,660 - (35.32) Changed county to Alamance(Illegal tax)
Bates,Katinka 586742 2012 11,412 4,057 (68.51) Price paid(Appraisal appeal)
Boass,Agna 941353 2012 1,120 870 (3.85) Holds a totalloss title(Appraisal appeal)
Bronec,Peter 1009160 2012 32,880 25,000 (72.03) Price paid(Appraisal appeal)
Buchholz,John 974315 2012 12,420 - (113.53) Changed county to Chatham(Illegal tax)
Caron,Whitney 662766 2012 13,560 (12.93) Incorrect situs address(Clerical error)
Cotton,Elizabeth 942864 2012 10,100 8,484 (14.53) High mileage(Appraisal appeal)
Cowan,David 663233 2012 6,080 5,445 (5.81) High mileage(Appraisal appeal)
Davis,Leslie 663465 2012 16,030 11,221 (74.08) High mileage(Appraisal appeal)
Davis,Pamela Carlene 941986 2012 17,500 - (160.63) Changed county to Granville(Illegal tax)
Edwards,Stepney 1008899 2012 8,480 - (92.98) Changed county to Chatham(Illegal tax)
Farmer,Erica 588806 2012 12,570 10,307 (21.01) High mileage(Appraisal appeal)
Gasper,David Joseph 1007450 2012 3,720 2,827 (9.71) High mileage(Appraisal appeal)
Gattis,Ruby 1010300 2012 13,910 - (119.35) Changed county to Durham(Illegal tax)
Hardy,Nancy 943048 2012 17,680 15,912 (16.05) High mileage(Appraisal appeal)
Harrill,William 943051 2012 16,210 16,060 (1.38) High mileage(Appraisal appeal)
Heard,Elizabeth 964893 2012 33,210 32,660 (6.19) High mileage(Appraisal appeal)
Humphries,Trevor 982335 2011 18,985 - (356.81) Changed countyto Durham(Illegal tax)
Jacobs,Willie 1007322 2012 6,400 - (57.89) Double billed(Clerical error)
Kress,Lance 590792 2012 12,170 10,223 (17.69) High mileage(Appraisal appeal)
Kretchmar,Jennifer 1008123 2012 3,843 1,950 (30.97) Price paid(Appraisal appeal)
Kroening,Mary 657305 2012 12,240 (118.33) Incorrect situs address(Clerical error)
Larson,Christopher 1008453 2012 6,960 4,872 (32.16) Holds a rebuilt title(Appraisal appeal)
Legoff,Jean 1006998 2012 680 - (5.83) Changed county to Durham(Illegal tax)
Li,Xiaoyan 666070 2012 2,290 1,145 (18.73) Repair estimate(Appraisal appeal)
Lloyd,Howard Wayne 978729 2012 20,200 - (187.46) Changed county to Alamance(Illegal tax)
Madihian,Mohammad 1011618 2012 15,000 12,950 (31.58) Price paid(Appraisal appeal)
Meadows,Linda 974496 2012 22,120 19,023 (49.90) High mileage(Appraisal appeal)
Morris,Charles Nathan 1011636 2012 11,890 - (108.69) Changed countyto Rockingham(Illegal tax)
Oakley,Thomas 1010484 2012 10,760 9,469 (11.98) High mileage(Appraisal appeal)
Pak,Sean Joon 942791 2012 22,000 18,480 (54.22) High mileage(Appraisal appeal)
Rainey,Robert 1008124 2012 16,290 14,661 (21.63) High mileage(Appraisal appeal)
Rosati,Jacky 941888 2012 23,490 21,141 (21.56) High mileage(Appraisal appeal)
Rosati,Jacky 941888 2011 23,990 (144.37) Incorrect situs address(Clerical error)
Rosati,Jacky 941888 2012 23,490 (155.66) Incorrect situs address(Clerical error)
Schabel,Victoria 593368 2012 3,370 2,670 (10.76) Repair estimate(Appraisal appeal)
Shaffer,Christy 593494 2012 9,590 6,905 (32.45) High mileage(Appraisal appeal)
Shaffer,Joel 942008 2012 21,360 18,560 (30.70) Repair estimate(Appraisal appeal)
Smith,Charles 593697 2012 3,820 2,074 (15.74) High mileage&Damage(Appraisal appeal)
Stewart,Randal 593939 2012 10,650 8,733 (17.22) High mileage(Appraisal appeal)
Stockton,Sean&Martin,Margaret 975133 2012 31,330 15,665 (241.30) Half off primary owner is not military-leave and earning statement home of record is IL(Illegal tax)
StoneBraker,Brent 668769 2012 10,710 8,140 (39.59) High mileage(Appraisal appeal)
Sun,Zhankun 1011463 2012 25,920 22,765 48.59 Price aid A raisal a eal
September 27, 2012 thru October 18, 2012
5
Clerical error 105-381(a)(1)a.(Incorrect rate) BOCC REGISTERED MOTOR VEHICLE REPORT NOVEMBER 8� 2012
Illegal tax 105-381(a)(1)b.
Appraisal appeal 105-330.2(b)
ABSTRACT BILLING ORIGINAL ADJUSTED FINANCIAL
NAME NUMBER YEAR VALUE VALUE IMPACT REASON FORADJUSTMENT
Velez,Meredith Martin 973411 2012 1,540 - (32.76) Changed countyto Durham(Illegal tax)
Wilcox,Leslie Anne 978633 2012 10,730 (76.94) Incorrect situs address(Clerical error)
Wilkerson,Douglas 595101 2012 5,590 4,584 (16.45) High mileage(Appraisal appeal)
Xu,Airong 941850 2012 15,720 12,072 (56.20) Repair estimate(Appraisal appeal)
Total 3,312.71
September 27, 2012 thru October 18, 2012
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