HomeMy WebLinkAboutAgenda - 09-06-2016 - 6-f - Relief from Collecting Debts 1
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: September 6, 2016
Action Agenda
Item No. 6-f
SUBJECT: Relief from Collecting Debts
DEPARTMENT: Tax Administration
ATTACHMENT(S): INFORMATION CONTACT:
Relief from Collecting Debts Report
Memorandum of Explanation Dwane Brinson, Tax Administrator,
Statutes Regarding Relief from 919-245-2726
Collecting Debts
PURPOSE: To release ad valorem property tax and fee debts owed to Orange County in
excess of 10 years that are no longer collectible.
BACKGROUND: Under North Carolina General Statute (NCGS) 105-373 (g), the Board of
County Commissioners "...may, in its discretion, relieve the tax collector of the charge of taxes
owed by persons on the insolvent list that are five or more years past due when it appears to the
governing body that such taxes are uncollectible."
Presented as part of this abstract is a listing by year, beginning with 2000 through 2006, of ad
valorem personal property tax and fee bills that have been worked extensively and can no
longer be collected using enforced collection techniques.
NCGS 105-373 (h) speaks to the relief from collection of taxes on classified motor vehicles. To
remain uniform, attached to this abstract is a listing by year, beginning with 2000 through 2006,
of Classified Registered Motor Vehicles tax and fee bills that have been worked extensively and
can no longer be collected using enforced collection techniques.
NCGS 105-378 (a) specifically bars the use of enforced collections unless the procedure was
instituted within 10 years from the date the tax first became due.
After discussion with the Financial Services Department, there is agreement that good
accounting practice would be to release this debt from the charge and system maintained by the
Tax Administration Department.
FINANCIAL IMPACT: There is no impact to the County's balance sheet or fund balance from
releasing the 2000-2006 accounts. Due to the age of these account balances, the accounts
have been adjusted off of the County's accounts receivable balance as part of the allowance for
doubtful accounts (bad debt) computation. The bad debt computation is required pursuant to
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generally accepted accounting principles for financial reporting purposes. For informational
purposes, the total amount of personal property and registered motor vehicle ad valorem
property tax being submitted for relief from collecting debt from the years 2000 through 2006 in
is $758,317.37.
SOCIAL JUSTICE IMPACT: There is no Orange County Social Justice Goal impact associated
with this item.
RECOMMENDATION(S): The Manager recommends that the Board approve and direct the
Financial Services Director and the Tax Administrator to account for and release all debts
charged for the purpose of Ad Valorem Personal Property and classified Motor Vehicle tax in
excess of 10 years from the record.
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SUMMARY OF PROPERTY TAX 2000-2006 FOR RELEASE OF COLLECTING DEBTS
YEAR RMV INDIVIDUAL BUSINESS FEE ONLY GRAND TOTAL
2000 108,506.06 4,613.11 4,797.31 $ 117,916.48
2001 90,040.92 4,186.51 23,578.72 $ 117,806.15
2002 97,676.65 3,813.53 35,089.17 $ 136,579.35
2003 84,711.41 3,593.13 7,821.87 $ 96,126.41
2004 92,637.43 5,354.29 11,664.32 184.13 $ 109,840.17
2005 80,449.22 6,791.92 4,308.40 344.21 $ 91,893.75
2006 75,598.86 7,912.06 4,402.85 241.29 $ 88,155.06
TOTAL $ 629,620.55 $ 36,264.55 $ 91,662.64 $ 769.63 $ 758,317.37
NOTE:These write-offs include all unsecured taxes from 2000-2006. In addition,sold waste 3R Fees are included in the
writeoffs.Secured(real property)taxes are not included in the write-offs.
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'1AX ADMINISTRA'E]ON
Dwane Brinson,Director dhrinsond orangecountyric.goy 0 228 S.Churtor7 Street,Suite 200,Hillsborough,NC 27278 919.245 2100
To: Board of County Commissioners
Bonnie Hammersley, Manager
Subject: Request for Relief from Collecting Debts
Date: August 22, 2016
After discussion with the Financial Services Director Gary Donaldson, I am bringing forward a request to
release specific types of debt older than 10 years from the current taxation system.
Real property liabilities are not dischargeable and are not included in the total amount brought forward
for release. The $68,832.26 currently in real property liability older than 10 years remains a lien to the
real property.
North Carolina General Statute 105-378 (g) specifically speaks to the tax collector being barred from any
type of enforced collection methods after a period of ten years. Additionally North Carolina General
Statue 105-373 (g) & (h) speak to the relief of the charge of taxes owed from the collector for unsecured
debt of personal property and of registered motor vehicles. Copies of both statutes have been attached
for your review.
Over the past 10 years these debts have been worked extensively in an endeavor to resolve their
collection. Though the statutes do allow for relief earlier than 10 years, the recommendation is to
continue to pursue collection until the 10 year deadline because of the active collections program in
place.
Therefore, as the Tax Administrator I submit to resolve issues from an accounting standpoint that
authorization be given to release the debts older than 10 years for all unsecured debt. All real property
debt will continue to be reflected in the tax management system.
Respectfully submitted,
T. Dwane Brinson, Tax Administrator
vwww.orranger°ount,ync.goy V 919 732 8181
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§ 105-373. Settlements.
(g) Relief from Collecting Insolvents. - The governing body of any taxing unit
may, in its discretion, relieve the tax collector of the charge of taxes owed by persons on
the insolvent list that are five or more years past due when it appears to the governing
body that such taxes are uncollectible.
(h) Relief from Collecting Taxes on Classified Motor Vehicles. The board of
county commissioners may, in its discretion, relieve the tax collector of the charge of
taxes on classified motor vehicles listed pursuant to G.S. 105-330.3(a)(1) that are one
year or more past due when it appears to the board that the taxes are uncollectible. This
relief, when granted, shall include municipal and special district taxes charged to the
collector. (1939, c. 310, s. 1719; 1945, c. 635; 1947, c. 484, ss. 3, 4; 1951, c. 300, s. 1; c.
1036, s. 1; 1953, c. 176, s. 2; 1955, c. 908; 1967, c. 705, s. 1; 1971, c. 806, s. 1; 1983, c.
670, s. 22; c. 808, ss. 5-7; 1987, c. 16; 1991, c. 624, s. 3; 1991 (Reg. Sess., 1992), c. 961,
s. 10; 1993, c. 539, s. 726; 1994, Ex. Sess., c. 24, s. 14(c); 1997-456, s. 27; 2006-30, s. 7.)
§ 105-378. Limitation on use of remedies.
(a) Use of Remedies Barred. -No county or municipality may maintain an action or
procedure to enforce any remedy provided by law for the collection of taxes or the
enforcement of any tax liens (whether the taxes or tax liens are evidenced by the original
tax receipts, tax sales certificates, or otherwise)unless the action or procedure is
instituted within 10 years from the date the taxes became due.
(b) Not Applicable to Special Assessments. - The provisions of subsection (a), above,
shall not be construed to apply to the lien of special assessments.
(c) Repealed by Session Laws 1998-98, s. 26, effective August 14, 1998.
(d) Enforcement and Collection Delayed Pending Appeal. - When the board of county
commissioners or municipal governing body delivers a tax receipt to a tax collector for
any assessment that has been or is subsequently appealed to the county board of
equalization and review or the Property Tax Commission, the tax collector may not seek
collection of taxes or enforcement of a tax lien resulting from the assessment until the
appeal has been finally adjudicated. The tax collector, however, may send an initial bill
or notice to the taxpayer. (1933, c. 181, s. 7; c. 399; 1945, c. 832; 1947, c. 1065, s. 1;
1949, cc. 60, 269, 735; 1951, cc. 71, 306, 572; 1953, cc. 381, 427, 538, 645, 656, 752,
775, 1008; 1955, c. 1087; 1957, cc. 53, 678, 1123; 1959, cc. 373, 608; 1961, cc. 542, 695,
885; 1965, cc. 129, 294; 1967, c. 242; c. 321, s. 1; c. 422, s. 1; 1969, c. 96; 1971, c. 806,
s. 1; 1998-98, s. 26; 2006-30, s. 6; 2011-3, s. 3(b).)