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HomeMy WebLinkAboutAgenda - 06-05-2018 8-c - Property Tax Releases Refunds ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: June 5, 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 thirteen taxpayers with a total of eighteen bills that will result in a reduction of revenue. BACKGROUND: The Tax Administration Office has received eighteen 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 $40,807.15 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-2018-039 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 JUNE 5, 2018 April 12, 2018 thru May 16, 2018 NAME ACCOUNT NUMBER BILLING YEAR ORIGINAL VALUE ADJUSTED VALUE FINANCIAL IMPACT REASON FOR ADJUSTMENT ADDITIONAL INFORMATION 137 E Franklin LP 281793 2017 15,556,200 13,532,300 (32,736.58)Assessed in error (illegal tax)Appraisal system coding error caused building's finished building area and value to be overstated Cook, Jason Brian 1067565 2018 6,090 - (236.97)Assessed in error (illegal tax)Gap Bill - vehicle registered in Texas during the reported gap in registration Fricklas, Ethan J.1067417 2018 10,520 - (534.82)Assessed in error (illegal tax)Gap Bill - vehicle registered in Minnesota during the reported gap in registration Gottlob, Micki Andrew 1068263 2018 5,720 - (105.76)Assessed in error (illegal tax)Gap Bill - vehicle registered in Oklahoma during the reported gap in registration Graham, Jessica Nicole 1068563 2018 2,050 - (192.10)Assessed in error (illegal tax)Gap Bill - vehicle registered in Indiana during the reported gap in registration Harwood, Angela 1068052 2018 11,060 - (674.77)Assessed in error (illegal tax)Gap Bill - vehicle registered in Louisiana during the reported gap in registration Hausfeld, Katelyn Marie 1068834 2018 13,590 - (343.60)Assessed in error (illegal tax)Gap Bill - vehicle registered in New Jersey during the reported gap in registration Imbrock, Helen Ann 1068785 2018 27,104 - (263.40)Assessed in error (illegal tax)Gap Bill - there was no gap in registration per DMV records Jones Grove Missionary Baptist Church 275369 2014 17,492 - (166.45)Assessed in error (illegal tax)Exemption granted in 2014 but bill was not adjusted at that time Jones Grove Missionary Baptist Church 275370 2014 40,434 - (471.77)Assessed in error (illegal tax)Exemption granted in 2014 but bill was not adjusted at that time Liu, Dong 1068944 2018 5,210 - (378.90)Assessed in error (illegal tax)Gap Bill - vehicle registered in Indiana during the reported gap in registration McMurry, Harris L.313325 2017 588,100 554,800 (542.42)Assessed in error (illegal tax)Appraisal system coding error caused home's finished living area and value to be overstated McMurry, Harris L.313325 2016 555,928 513,600 (709.33)Assessed in error (illegal tax)Appraisal system coding error caused home's finished living area and value to be overstated McMurry, Harris L.313325 2015 555,928 513,600 (709.33)Assessed in error (illegal tax)Appraisal system coding error caused home's finished living area and value to be overstated McMurry, Harris L.313325 2014 555,928 513,600 (709.33)Assessed in error (illegal tax)Appraisal system coding error caused home's finished living area and value to be overstated McMurry, Harris L.313325 2013 555,928 513,600 (700.87)Assessed in error (illegal tax)Appraisal system coding error caused home's finished living area and value to be overstated Royal Olive Inc dba Jasmin Bistro 1058809 2017 63,313 - (1,126.50)Assessed in error (illegal tax)Business Personal - documentation provided shows equipment sold 11/11/2016 Williams, Michelle 1068011 2018 11,260 - (204.25)Assessed in error (illegal tax)Gap Bill - vehicle registered in Michigan during the reported gap in registration Total (40,807.15) Gap Bill: A property tax bill that covers the months between the expiration of a vehicle's registration and the renewal of that registration or the issuance of a new registration. The spreadsheet represents the financial impact that approval of the requested release or refund would have on the principal amount of taxes. 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