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HomeMy WebLinkAboutAgenda - 03-07-2023; 8-c - Property Tax Releases Refunds 1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: March 7, 2023 Action Agenda Item No. 8-c SUBJECT: Property Tax Releases/Refunds DEPARTMENT: Tax Administration ATTACHMENT(S): INFORMATION CONTACT: Resolution Nancy Freeman, Tax Administrator, Releases/Refunds Data Spreadsheet (919) 245-2735 PURPOSE: To consider adoption of a resolution to release property tax values for eight (8) taxpayers with a total of nine (9) bills that will result in a reduction of revenue. BACKGROUND: The Tax Administration Office has received eight (8) 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 $7,271.43 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. ENVIRONMENTAL IMPACT: There is no Orange County Environmental Responsibility 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. 2 NORTH CAROLINA RES-2023-016 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 Refand/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,Laura Jensen,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 business 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 ,2023 Clerk to the Board of Commissioners 3 Clerical error G.S.105-381(a)(1)(a) BOCC REPORT - REAUPERSONAL Illegal tax G.S.105-381(a)(1)(b) Appraisal appeal G.S.105-330.2(b) MARCH 7, 2023 ACCOUNT BILLING ORIGINAL ADJUSTED FINANCIAL NAME NUMBER YEAR VALUE VALUE IMPACT REASON FOR ADJUSTMENT ADDITIONAL INFORMATION Gap bill:per NC Department of Revenue,transaction reversal by Department of Motor Vehicles Ciulla,Peter Michael 3205802 2023 8,400 0 (135.96)Assessed in error(illegal tax) created record of registration gap where there was none Dent,Akeem 3197295 2021 55,860 0 (850.66)Assessed in error(illegal tax) Gap bill:vehicle registered in Texas during gap in registration Dent,Akeem 3197215 2021 61,170 0 (1,504.77)Assessed in error(illegal tax) Gap bill:vehicle registered in Texas during gap in registration Ellis,Dennis W. 122440 2022 172,418 0 (2,648.68)Double billed(illegal tax) Business sold in September 2021,assets were listed under account 3198798 for 2022 Evans,Ronald Louis 3200026 2021 15,860 0 (204.39)Assessed in error(illegal tax) Gap bill:vehicle taxed in Alamance County during gap period Highham Salons LLC(Smartstyle) 1069077 2022 10,667 0 (166.41)Assessed in error(illegal tax) Business sold in 2021,proof not provided until sales contract was received February 17,2023 Lunatic Holdings LLC dba Luna Rotisserie of Carrborc 3189671 2022 26,093 0 (473.97)Double billed(illegal tax) Assets also billed on account 3185964:Luna Empanada LLC dba Luna Rotisserie and Taproom Rolocut,Katherine Elizabeth 3199995 2021 8,890 0 (214.17)Assessed in error(illegal tax) Gap bill:vehicle registered in Indiana during gap period Tolan,Ray S. 317420 2022 277,700 161,900 (1,072.42)Assessed in error(illegal tax) Home and carport were destroyed by fire in March 2021 per fire report Total (7,271.43) 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. January 21,2023 thru February 17,2023