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Agenda - 04-03-2001-8d
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Agenda - 04-03-2001-8d
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8/29/2008 4:26:46 PM
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BOCC
Date
4/3/2001
Document Type
Agenda
Agenda Item
8d
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Minutes - 04-03-2001
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\Board of County Commissioners\Minutes - Approved\2000's\2001
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Adopted 6!6/00 <br />ORANGE COUNTY BOARD OF COMMISSIONERS <br />A RESOLUTION AUTHORIZING ESTABLISHMENT OF AN ORDINANCE LEVYING <br />A TAX ON GROSS RECEIPTS DERIVED FROM RETAIL SHORT-TERM LEASE OR <br />RENTAL OF MOTOR VEHICLES <br />WHEREAS, the North Carolina General Assembly has ratified Senate Bill 1076, signed into law as <br />Session Law 2000-2 (S.L. 2000-2) and effective far taxable years beginning on or after July I, 2000; and <br />WHEREAS, this act repealed the property tax on certain vehicles leased or rented under retail <br />short-term leases or rentals and authorized counties to replace the lost tax revenue through enactment of a <br />local tax on gross receipts derived from retail short-term leases or rentals. <br />NOW, THEREFORE BE IT RESOLVED, by the Orange County Board of Commissioners that the <br />following ordinance is enacted: <br />SECTION 1. Tax on Grass Receipts derived from retail short term motor vehicle leases or rentals. The <br />County of Orange hereby imposes and levies a tax of one and one half percent (1 1/2 %) of the gross receipts <br />from the short-term lease or rental of vehicles at retail to the general public. <br />SECTION 2. Administration. The County will administer and collect from operators of leasing and <br />rental establishments the taxes levied hereby and the county may promulgate additional rules and regulations <br />necessary for implementation of the taxes. <br />SECTION 3. Past of Taxes and _Filing of Returns. The taxes levied hereby are due and payable to <br />the County in monthly installments on or before the fifteenth (15th) day of the month following the month in <br />which the tax accrues. Every taxable establishment required to collect the tax shall, on or before the fifteenth <br />(15th) day of each month, prepare and render a return to the County. The County shall design, print, and <br />furnish to all taxable establishments the necessary forms for filing returns and instructions to insure the full <br />collection of the tax. A return filed for this purpose is not a public record as defined by Section 132-1 of the <br />North Carolina General Statutes and may not be disclosed except as required by law. <br />SECTION 4. Penalties. A person, firm, corporation or association who fails or refuses to file a return <br />and pay the tax levied herein shall pay a penalty of ten dollars ($10.00) for each day's omission up to a <br />maximum of two thousand dollars ($2,000.00.) for each retum. In case of failure or refusal to file a return or <br />pay the tax for a period of thirty (30) days after the time required for filing the return or paying the tax, there <br />shall be an additional tax, as a penalty, of five percent (5%) of the tax due, with an additional tax of five <br />percent (5%) for each additional month or fraction thereof until the tax is paid. The Orange County Board of <br />Commissioners, for goad .cause shown, may compromise or forgive any penalty or additional tax imposed <br />hereunder. <br />SECTION 5. Misdemeanor for Willful Violation. Any person, firm, corporation or association who <br />willfully attempts in any manner to evade a tax imposed herein or who willfully fails to pay the tax or make and <br />file a return shall, in addition to the penalties provided by law and herein, be guilty of a misdemeanor <br />punishable as provided by law. <br />SECTION 6. Effective Date. The short term rental or leased vehicle gross receipts tax levied herein <br />shall become effective July 1, 2000. <br />
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