HomeMy WebLinkAboutAgenda - 02-20-2007-5dORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: February 20, 2007
Action Agenda
Item No.
SUBJECT: Property Tax Releases
DEPARTMENT: Assessor's Office PUBLIC HEARING: (Y/N) No
ATTACHMENT(S):
Resolution
Spreadsheet
INFORMATION CONTACT:
John Smith, 245-2101
PURPOSE: To consider adoption of a resolution to release property values related to four (4)
requests for property tax release.
BACKGROUND: The Assessor's Office is requesting approval to release property values
related to four (4) requests for property tax release. (see explanations on attached
spreadsheet). Three of the releases have no "financial impact" since they are releases of Land
Use deferred tax bills requested by an attorney in error. These bills were put in the tax levy to
cover the three years of back taxes plus interest that have to be paid when land in the "Land
Use Program" comes out of the program. Back taxes and interest being released under the
name of Andrew B Lloyd Jr. total $30,606.93. These deferred tax bills artificially expanded the
tax levy since they should not have ever been part of the tax levy. Release of these deferred
bills is equivalent to an accounting process that allows the levy to return to its proper level and
therefore the listed financial impact is "$0.00". 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 releases for the current
and four previous fiscal years.
FINANCIAL IMPACT: Approval of this change will result in a net reduction in revenue of $58.46
to the County, municipalities, and special districts. For fiscal year 2006/2007, the total net
reduction in revenues is $13,067.79.
RECOMMENDATION(S): The Manager recommends that the Board approve the attached
resolution approving four (4) property tax release requests in accordance with N.C. General
Statute 105-381.
NORTH CAROLINA
ORANGE COUNTY
RELEASE RESOLUTION (Approval)
Whereas, North Carolina General Statutes 105-381 and/or 330.2(B) allows for the release of
taxes when the Board of County Commissioners determines that a taxpayer applying for the release has a
valid defense to the tax imposed; and
Whereas, the properties listed in each of the attached "Request for Property Tax 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 Release, the taxpayer
has timely applied in writing for a release of the tax imposed and has presented a valid defense to the tax
imposed as indicated on the Request for Property Tax Release.
NOW, THEREFORE, IT IS RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF ORANGE COUNTY THAT the recommended property tax 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
92007.
Clerk to the Board of Commissioners
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