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HomeMy WebLinkAboutAgenda - 05-04-2004-5cORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: May 4, 2004 Action Agenda Item No. j-L.. SUBJECT: Property Tax Refund/Release DEPARTMENT: Assessor's Office PUBLIC HEARING: (Y/N) No ATTACHMENT(S): INFORMATION CONTACT: ~)ohn Smith, ext. 2101 Resolution Tax Refund/Release Requests TELEPHONE NUMBERS: Hillsborough 732-8181 Chapel Hill 968-4501 Durham 688-7331 Mebane 336-227-2031 PURPOSE: To consider adoption of a refund/release resolution related to two (2) requests for property tax refunds. BACKGROUND: The Assessor's Office has received two (2) requests from taxpayers for refund of property taxes paid in prior fiscal years, A refund is being requested for Map 7,130.B,7B for the years 1999 through 2002, (Per prior discussion with County staff, 2003 taxes on this property are outstanding, so a release of the 2003 tax bill is being requested,) The property owner of the property described as Map 7.130.B.7C is requesting a refund for taxes paid for years 1999 through 2003. Both property owners are requesting this action due to Chatham County's position that the 1989 Resolution allowing these two properties to be taxed in Orange County is no longer applicable, Far tax year 2004, these two properties will be released for taxation to Chatham County, General Statute 105-381(b), "Action of Governing Body" provides that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 five previous fiscal years, FINANCIAL IMPACT: Approval of these changes will result in a net reduction in revenue of $22,233,30 to the County and special districts, Of this amount, $19,843,75 is to be refunded and $2,389.55 is to be released, z RECOMMENDATION(S): The Manager recommends that the Board approve the attached resolution approving two (2) property tax refund/release requests in accordance with N,C, General Statute 105-381, NORTH CAROLINA ORANGE COUNTY REFUND/RELEASE RESOLUTION (Approval) Whereas, North Carolina General Statutes 105-381 and/or 3302(B) allows for the refund and/or release of taxes when the Board of County Conutilssioners deternunes that a taxpayer applying for the refund/release 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 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 of the tax imposed and has presented a valid defense fo the tax imposed as indicated on the Request for Property Tax R.efund/Release NOW,1'HEREFORE, 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 motimr duly made and seconded, the foregoing resolution was passed by the following votes: Ayes: Conmiissioners Noes: I, Dolma Baker, Cled: to the Board of Cotrunissioners for the County of Orange, North Carolina, DO HEREBY CLR.TIFY 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 mrd rho corporate seal of said Cowrty, this day of ,2004. 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