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HomeMy WebLinkAboutAgenda - 03-08-2018 8-c - Property Tax Releases Refunds ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: March 8, 2018 Action Agenda Item No. 8-c SUBJECT: Property Tax Releases/Refunds DEPARTMENT: Tax Administration ATTACHMENT(S): Resolution Releases/Refunds Data Spreadsheet INFORMATION CONTACT: Dwane Brinson, Tax Administrator, (919) 245-2726 PURPOSE: To consider adoption of a resolution to release property tax values for three taxpayers with a total of three bills that will result in a reduction of revenue. BACKGROUND: The Tax Administration Office has received one taxpayer request 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 these changes will result in a net reduction in revenue of $10,361.44 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. 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 the attached resolution approving these property tax release/refund requests in accordance with North Carolina General Statute 105-381. 1 NORTH CAROLINA RES-2018-015 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 ____________, 2018. ___________________________________ Clerk to the Board of Commissioners 2 Clerical error G.S. 105-381(a)(1)(a) Illegal tax G.S. 105-381(a)(1)(b) Appraisal appeal G.S. 105-330.2(b) BOCC REPORT - REAL/PERSONAL MARCH 8, 2018 January 18, 2018 thru February 14, 2018 NAME ACCOUNT NUMBER BILLING YEAR ORIGINAL VALUE ADJUSTED VALUE FINANCIAL IMPACT REASON FOR ADJUSTMENT ADDITIONAL INFORMATION Grau, Jeffrey C.209011 2017 828,100 775,200 (628.77)Assessed in error (illegal tax) Foundation was incorrectly listed as having both a half finished basement and full crawl space Sassaman, Jan Trustee 323304 2017 555,100 0 (8,590.17)Assessed in error (illegal tax) Exempt property billed in error (Religious Exemption per BOER 5/27/2015) Tiroly, Kevin J.246083 2017 492,500 392,500 (1,142.50)Incorrect value (clerical error) Land was incorrectly valued as two lots rather than one, resulting in a $100,000 valuation error Total (10,361.44) The spreadsheet represents the financial impact that approval of the requested release or refund would have on the Approval of the release or refund of the principal tax amount also constitutes approval of the release or refund of all associated interest, penalties, fees, and costs appurtenant to the released or refunded principal tax amount. 3