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Agenda 8-f - Refund of Overpayment of Excise Tax
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Agenda 8-f - Refund of Overpayment of Excise Tax
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1/17/2019 1:57:24 PM
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BOCC
Date
1/22/2019
Meeting Type
Regular Meeting
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Agenda
Agenda Item
8-f
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Agenda - 01-22-2019 Regular Board Meeting
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1 <br /> ORANGE COUNTY <br /> BOARD OF COMMISSIONERS <br /> ACTION AGENDA ITEM ABSTRACT <br /> Meeting Date: January 22, 2019 <br /> Action Agenda <br /> Item No. 8-f <br /> SUBJECT: Refund of Overpayment of Excise Tax <br /> DEPARTMENT: Register of Deeds <br /> ATTACHMENT(S): INFORMATION CONTACT: <br /> Refund Request Letter from Vernon Law Mark Chilton, 919-245-2679 <br /> Firm with: Amy McLamb, 919-245-2677 <br /> • Copy of Orange County Recorded <br /> Deed, E-recording Report, and <br /> Payment Receipt <br /> • Copy of Alamance County Recorded <br /> Deed and E-recording Report <br /> Recorded Corrective Affidavit (Orange <br /> County) <br /> Orange County GIS Map <br /> Relevant NC General Statutes <br /> PURPOSE: To consider a refund for overpayment of Excise Tax in the amount of $3,580. <br /> BACKGROUND: North Carolina General Statute 105-228.37 sets forth the procedure for <br /> requesting a refund of overpayment of excise tax. The statute states "A tax payer who pays <br /> more than is due under this article may request a refund of the overpayment by filing a written <br /> request for a refund with the board of county commissioners of the county where the tax was <br /> paid and must explain why the taxpayer believes a refund is due". <br /> On December 17, 2018, the Vernon Law Firm recorded a Deed in Orange County which <br /> indicated the amount of $3,580 in excise tax was to be collected. On December 18, 2018 the <br /> Vernon Law Firm contacted the Register of Deeds office to explain that the document had been <br /> recorded in Alamance County where the excise tax was previously paid, and requested a refund <br /> for the excise tax paid to Orange County. <br /> In cases where the property lies in multiple counties, the excise tax is paid where the majority of <br /> the property lies. However, the Attorney is to provide a statement on the document indicating <br /> the excise tax has been paid in another County to prevent overpayment. Without this statement <br /> the excise tax is collected in Orange County at the time of recording. <br /> It should be noted that the Deed is correctly recorded in both Alamance and Orange counties for <br /> the benefit of chain of title, so the recording fees associated with the overall transaction do not <br /> need be refunded. <br />
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