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HomeMy WebLinkAboutAgenda - 11-20-2012 - 5c r • 1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: November 20, 2012 Action Agenda Item No. 5-c SUBJECT: Property Tax Releases/Refunds DEPARTMENT: Tax Administration PUBLIC HEARING: (Y/N) No ATTACHMENT(S): INFORMATION CONTACT: Resolution Dwane Brinson, Tax Administrator, Spreadsheet . (919) 245-2109 PURPOSE: To consider adoption of a resolution to release property tax values for twenty-five (25) taxpayer requests that will result in a reduction of revenue. BACKGROUND: The Tax Administration Office has received twenty-five (25) requests from a taxpayer for refund of property taxes paid in prior fiscal years. North Carolina General Statute 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". North Carolina law allows the Board to approve property tax refunds for the current and four previous fiscal years. FINANCIAL IMPACT: Approval of this change will result in a net reduction in revenue of $61,117.95 to the County, municipalities, and special districts. The Tax Assessor recognized that refunds could impact the budget and accounted for these in the annual budget projections. The total amount of this request is $181,670.87, but of this amount, $120,552.92 represents a keying error that was not included in the tax base calculations, and therefore has no financial impact. It should also be noted that staff identified this keying error internally and the taxpayer did not receive a bill for the incorrect amount. RECOMMENDATION(S): The Manager recommends the Board approve the attached resolution approving these property tax release/refund requests in accordance with North Carolina General Statute 105-381. 1 2 NORTH CAROLINA RES-2012-099 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 for the 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 a refund 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 ,2012. Clerk to the Board of Commissioners 3 � Releases/refund bath clerical errors illegal tax-GS 105-381 BOCC REP�RT- REAL/ PERSONAL NOVEMBER 20, 2Q12 ABSTRACT BILLING ORIGINAL ADJUSTED FINANCIAL i NAME NUMBER YEAR VALUE VALUE IMPACT REASON FQR ADJUSTMENT Crawford, Larry Joe Jr. 257101 2012-2007 189,047 66,166 (2,337.11) Illegal Tax �irst Citizens�easing Dept 14�562 2011 112,899 0 (2,057.26} Double Billed (Clerical error) Green, Pamelia Ann 959367 2012 1,950 0 (19.48} Bilied in Error(Clerical error) Hurley,Jack 968481 2012 2,320 Q (2,320.00} Double Bi(led (Clerical errar) Huriey,Jack 96�652 2012 3,380 3,320 {0.60} Illegal Tax Jones, Nicole S/Magnum Fine Hame 298013 2012-2Q10 795,688 676,335� (5,515.54} Illegal Tax ' Jones, Rlicole S/Magnum Fine Hame 298Q13 2Q12-2009 795,688 596,766 (7,966.89} illegal Tax Liu, Chunlei 200449 2011 508,940 4&6,600 (343.51} PTC appeal settled with taxpayer(Iilegal tax) Liu, Chunlei 200449 2012 508,9Q0 486,60Q (224.89} PTC appeal seftled with taxpayer(Illegal tax) �ozier, Phillip J. 273603 2Q12-201Q 392,442 389,502 (1,106.99} Illegal Tax Manjum, Matthew 316594 2011 5,282 0 (57.43} Qouble Billed in error Qllegal tax) Marshall, Travis 316518 2010 3,510 0 (37.94� Double Billed(iliegal tax} Marshall, Travis 316518 2011 3,335 0 (36.40} Double Bi11ed (Illegal tax} Marshai#, Travis 316598 2012 3,000 0 (30.29} Qouble 8illed(II(egal#ax} McCay, R. Frederick Jr. 297894 2011 2,371,600 2,349,000 �25&.71} Clerical Error Parker Louis, LLC 294511 2012 271,151 0 {739.25} Qouble billed(Glerica(errar) Parker Louis, �LC 304258 2012 �,801,200 Q (4,910.68} Double billed(Clerical error) Plantworks Nursery 10Q6977 2012 216,485 Q (1,945.33} Qoubie Billed (GiericaE error) Public Utility abstract keyed twice in error. Not Public Service Co. af NC, Inc. 35687 2Q12 8,916,488 0 (120,552.92) caun#ed in tax base calculations{Illegal tax). Rosenberg, Richard C. 311360 2092-2010 1,427,055 1,284,350 (8,792.93) Illegal Tax Schneider, Nichalas 225049 2011 233,611 39,981 (1,751.58) Illega!Tax Snyder, Richard 1003d2 2012 1,351,362 364,700 {15,198.54) lllega(Tax University Qirectories, LLC 231519 2012 550,522 326,570 (3,449.76) Listed in error(Clericai error) Vilcom Properties, LLG 257495 2012 59,759 58,261 (23.0$) Over Assessed{Clerical error} Vilcom, LLG 231524 2a12 258,4Q9 928,840 {1,995.76) Listed in error(Glerical error) Total 181,670.87 ' October 19, 2Q12 thru October 31, 2012