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HomeMy WebLinkAboutAgenda - 09-05-2013 - 5cORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: September 5, 2013 Action Agenda Item No. 5 -c SUBJECT: Property Tax Releases /Refunds DEPARTMENT: Tax Administration PUBLIC HEARING: (Y /N) No ATTACHMENT(S): Resolution Spreadsheet INFORMATION CONTACT: Dwane Brinson, Tax Administrator, (919) 245 -2726 1 PURPOSE: To consider adoption of a resolution to release property tax values for seven (7) taxpayers with a total of eleven (11) bills that will result in a reduction of revenue. BACKGROUND: The Tax Administration Office has received six taxpayer requests for release or refund of property taxes. 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 $9,975.91 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. 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. NORTH CAROLINA RES- 2013 -058 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 , 2013. Clerk to the Board of Commissioners Releases /refund both clerical errors and illegal tax - GS 105 -381 BOCC REPORT- REAL /PERSONAL SEPTEMBER 5, 2013 NAME ABSTRACT NUMBER BILLING YEAR ORIGINAL VALUE ADJUSTED VALUE FINANCIAL IMPACT REASON FOR ADJUSTMENT Advance Acceptance 1029208 2013 11,950 0 (188.85) Located in Durham County (illegal tax) AKG Thermal Systems Inc. 997666 2013 70,489 69,654 (7.17) Property listed in error (clerical error) Crutchfield, Frances 66085 2012 146,176 140,557 (51.02) Correction of acreage (illegal tax) Hicks, Barry 275518 2012 73,760 40,000 (305.39) Documented value adjustments were not keyed in system (clerical error) Hicks, Barry 275518 2013 73,760 40,000 (313.29) Documented value adjustments were not keyed in system (clerical error) Northwestern Mutual Life Insurance Co. 988831 2012 232,343 117,200 (1,773.67) Doubled billed (clerical error) Northwestern Mutual Life Insurance Co. 988831 2013 232,343 117,200 (2,001.70) Doubled billed (clerical error) Northwestern Mutual Life Insurance Co. 988830 2012 11,049,843 10,934,700 (1,773.67) Doubled billed (clerical error) Northwestern Mutual Life Insurance Co. 988830 2013 11,049,843 10,934,700 (2,001.70) Doubled billed (clerical error) Vincent Building Incorporated 129484 2013 2,550 0 (24.12) Located in Durham County (illegal tax) Whelan, Karen 317070 2012 168,800 0 (1,535.33) Located in Alamace County (illegal tax) Total (9,975.91) May 30, 2013 thru August 15, 2013