HomeMy WebLinkAboutAgenda 05-21-19 8-b - Property Tax Releases Refunds 1
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: May 21, 2019
Action Agenda
Item No. 8-b
SUBJECT: Property Tax Releases/Refunds
DEPARTMENT: Tax Administration
ATTACHMENT(S): INFORMATION CONTACT:
Resolution Dwane Brinson, Tax Administrator,
Releases/Refunds Data Spreadsheet (919) 245-2726
PURPOSE: To consider adoption of a resolution to release the property tax value for five
taxpayers with a total of eight 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
$1,032,246.43 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.
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NORTH CAROLINA RES-2019-031
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
,2019.
Clerk to the Board of Commissioners
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Clerical error G.S.105-381(a)(1)(a) BOCC REPORT- REAL/PERSONAL
Illegal tax G.S.105-381(a)(1)(b) MAY 21, 2019
Appraisal appeal G.S.105-330.2(b)
ACCOUNT BILLING ORIGINAL ADJUSTED FINANCIAL
NAME NUMBER YEAR VALUE VALUE IMPACT REASON FOR ADJUSTMENT ADDITIONAL INFORMATION
DTS&Associates Inc. 296591 2018 10,871 (101.26) Assessed in error(illegal tax) Out of Business prior to 1/1/2018
DPMD Joint Ventures Inc dba Heavenly
Buffaloes 1067336 2018 85,034 (1,403.23) Double billed(illegal tax) Also billed on account 1066111
Andruscavage,Joanne Bosmans 1068416 2017 6,630 (422.99) Double billed(illegal tax) Gap bill:vehicle registerd in Georgia and then Florida during Gap period
Owings,Rebecca Laney 1076006 2018 17,880 - (318.95) Assessed in error(illegal tax) Gap bill:vehicle registered in Florida during Gap period
NCGS 105-275(40)(b)Effective beginning with 2014 taxes,certain software
Sports Endeavors Inc 173721 2017 31,558,129 15,463,807 (234,606.93) Assessed in error(illegal tax) is exempt from taxation
NCGS 105-275(40)(b)Effective beginning with 2014 taxes,certain software
Sports Endeavors Inc 173721 2016 30,267,149 3,117,599 (422,989.99) Assessed in error(illegal tax) is exempt from taxation
NCGS 105-275(40)(b)Effective beginning with 2014 taxes,certain software
Sports Endeavors Inc 173721 2015 18,121,397 3,129,201 (233,578.41) Assessed in error(illegal tax) is exempt from taxation
NCGS 105-275(40)(b)Effective beginning with 2014 taxes,certain software
Sports Endeavors Inc 173721 2014 11,779,894 2,869,453 (138,824.67) Assessed in error(illegal tax) is exempt from taxation
1,032,246.43
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.
April 11,2019 thru May 3,2019