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HomeMy WebLinkAboutAgenda - 08-19-2008- 4ppORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: August 19, 2008 Action Age~~la Item No. SUBJECT: Request to Waive Occupational License Tax Penalties DEPARTMENT: Finance PUBLIC HEARING: (Y/N) No ATTACHMENT(S): INFORMATION CONTACT: Letter of Request from William E. Wisen Gary Humphreys, 245-2453 Room Occupancy Tax Law PURPOSE: To present a request from William Wisen, owner of the Best Western Skyland Inn, to forgive statutory penalties assessed for failure to file Room Occupancy Tax Reports and remit room occupancy tax collected when due. BACKGROUND: Hotels and motels in Orange County are required to collect room occupancy tax levied by the County from the renter. The establishments are required to file a report and remit taxes collected monthly by the 15th of the following month. The Skyland Inn filed the Room Occupancy Tax Report for November 2006, but failed to remit the tax collected. The Motel continued to file reports each month through December 15, 2007 and, during that time, made six payments of varying amounts that were less than the amount due. Beginning December 15, 2007, no further reports were filed and no further taxes were remitted. During that time, Finance staff had contacted the owners of the Skyland Inn several times by phone about the unpaid taxes. Staff also sent a letter to Mr. Wisen in January 2008 requesting that all taxes due be remitted and that past due reports be filed. The Skyland Inn submitted information in April showing that $9,064.37 in room occupancy taxes had not been remitted to the County. The Wisens had obtained a check for $11,152.47 related to property taxes for Skyland Inn and deposited it with Revenue Collector on March 4, 2008. These funds were being held on account to be applied on future property taxes. The Revenue Collector became aware of the Room Occupancy Tax owed by the Skyland Inn and contacted Financial Services in April. Finance staff met with the Mr. and Mrs. Wisen and the Revenue Collector on May 6, 2008. It was agreed to have the unremitted taxes due deducted from the amount on deposit with the Revenue Collector and all past due reports filed. The Wisens were informed of the penalties in the law for failure to file reports and remit taxes collected. Staff agreed to review options regarding the penalties. Staff consulted with the Assistant County Attorney concerning the penalties. A letter was sent to Mr. Wisen notifying him that there were penalties due totaling $5,679.76 for failure to report and pay room occupancy tax timely, that the balance of $2,088.10 left on account with the Revenue Collector was being applied to penalty due and requesting payment of the balance due of $3,591.66. Mr. Wisen called regarding the amount due, explaining their financial hardship, and was informed by staff could that the penalties could be forgiven for good cause by the Board of County Commissioners. Mr. Wisen sent a letter requesting the Board of County Commissioners waive the $5,679.76 in penalties due to financial hardship. The Skyland Inn has been timely in filing reports and remitting the tax due since the May 6tn meeting, and paid $300 in July against the balance due. FINANCIAL IMPACT: The financial impact would a reduction of $5,679.76 if the entire amount of penalties is forgiven. RECOMMENDATION(S): The Manager recommends that the Board forgive the penalties, refund $300 to the Skyland Inn, and return the $2,088.10 to the Revenue Collector to be held on account to be applied to future property taxes. GARY HUMPHREY ORANGE COUNTY FIANANCE DEPT P.O. BOX 8181 HILLSBROUGH N.C. 27278 FROM R&W HOSPITALITY INC BEST WESTERN SKYLAND INN 5400 US 70 WEST DURHAM N.C. 27705 DEAR MR. HUMPHREY I REQUEST THAT YOU ARRANGE ME AHEARING IN FRONT OF THE COUNTY COMMISIONERS NEXT MEETING. TO ASK THAT ALL FINES & PENALTIES BE WAVED AND THE EXTRA MONIES LEFT OVER FROM THE $11.152.47 BE APPLIED TO OCCUPANCY TAX DUE. I HAVE BEEN TOLD BY MR.FITTS THAT THEY HAVE NEVER APPLIED ANY FINES OR PENALTIES IN THE PAST ON LATE TAX. SO I DO NOT SEE WHY I SHOULD BE THE FIRST. I JUST DO NOT HAVE THE FUNDS WERE JUST GETTING BY NOW. THANK YOU WILLIAM E WISEN R&W HOSPITALITY INC. ~C~c~~a~n~~ ~~ GENERAL ASSEMBLY OF NORTH CAROLINA 1991 SESSION RATIFIED BILL CHAPTER 392 SENATE BILL 622 4 AN ACT AUTHORIZING ORANGE COUNTY TO LEVY AN OCCUPANCY TAX AND CHAPEL HILL AND CARRBORO TO INCREASE THEIR MOTOR VEHICLE TAXES. Section 1. Occupancy Tax. (a) Authorization and scope. The Orange County Board of Commissioners may, by resolution, levy a room occupancy tax of up to three percent (3%) on the gross receipts derived from the rental of any room, lodging, or similar accommodation in the county subject to sales tax under G.S. 105-164.4(a)(3). This tax does not apply to accommodations furnished by nonprofit charitable, educational, benevolent, or religious organizations when furnished in furtherance of their nonprofit purpose. This tax is in addition to any State or local sales or occupancy tax. `~- (b) Collection. Every operator of a business subject to the tax levied under this section shall, on and after the effective date of the levy of the tax, collect the tax. This tax shall be collected as part of the charge for furnishing a taxable accommodation. The tax shall be stated and charged separately on the sales records, and shall be paid by the purchaser to the operator of the business as trustee for and on account of the county. The tax shall be added to the sales price and shall be passed on to the purchaser instead of being borne by the operator of the business. The county shall design, print, and furnish to all appropriate businesses and persons in the county the necessary forms for filing returns and instructions to ensure the full collection of the tax. (c) Administration. The county shall administer a tax levied under this section. A tax levied under this section is due and payable to the county finance officer in monthly installments on or ~ before the 15th day of the month following the month in which the tax accrues. Every person, firm, corporation, or association liable for the tax shall, on or before the 15th day of each month, prepare and render a return on a form prescribed by the county. The return shall state the total gross receipts derived in the preceding month from rentals upon which the tax is levied. (d) Penalties. A person, firm, corporation, or association who fails or refuses to file the return required by this section shall pay a penalty of ten `. dollars ($10.00) for each day's omission. In case of failure or refusal to file the return or pay the tax for a period of 30 days after the time required for filing the 5 return or for paying the tax, there shall be an additional tax, as a penalty, of five '" percent (5%) of the tax due in addition to any other penalty, with an additional tax of five percent (5%) for each additional month or fraction thereof until the tax is paid. The county may, for good cause shown, forgive the civil penalties provided in this subsection. Any person who willfully attempts in any manner to evade a tax imposed under this section or who willfully fails to pay the tax or make and file a return shall, in addition to all other penalties provided by law, be guilty of a misdemeanor and shall be punishable by a fine not to exceed one thousand dollars ($1,000) and imprisonment not to exceed 30 days. (e) Use and Distribution of Tax Revenue. The Orange County Board of Commissioners shall decide on the allocation of the revenues collected from this tax annually during its budgeting process. At least ten percent (10%) of the annual revenues shall be used to provide funding for visitor information services and to support cultural events. The county may contract with nonprofit organizations to undertake or carry out the activities and programs for which the revenue may be expended. All contracts entered into with nonprofit organizations shall require an annual financial audit of any funds expended and a performance audit of contractual obligations. (fl Repeal. A tax levied under this section may be repealed by `-~ resolution adopted by the Orange County Board of Commissioners. Repeal of a tax levied under this section shall become effective on the first day of a month and may not become effective until the end of the fiscal year in which the repeal resolution was adopted. Repeal of a tax levied under this section does not affect a liability for a tax that attached before the effective date of the repeal, nor does it affect a right to a refund of a tax that accrued before the effective date of the repeal.