Orange County NC Website
1 <br /> ORANGE COUNTY <br /> BOARD OF COMMISSIONERS <br /> ACTION AGENDA ITEM ABSTRACT <br /> Meeting Date: February 1, 2022 <br /> Action Agenda <br /> Item No. 8-b <br /> SUBJECT: Refund of Overpayment of Excise Tax <br /> DEPARTMENT: Register of Deeds <br /> ATTACHMENT(S): INFORMATION CONTACT: <br /> Refund Request Letter from Canaday Law Mark Chilton, 245-2679 <br /> Firm With Recorded Deeds and Amy McLamb, 245-2677 <br /> Receipts, Copy of Recorded Affidavit <br /> of Correction and Relevant NC <br /> General Statutes <br /> PURPOSE: To consider a refund of overpayment of excise tax of$406 to the Canaday Law Firm. <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 taxpayer who pays more <br /> than is due may request a refund by filing a written request for a refund with the Board of County <br /> Commissioners of the county where the tax was paid, and must explain why the taxpayer believes <br /> a refund is due. <br /> On February 19, 2021, the Canaday Law Firm submitted a Deed for electronic recording. The <br /> Deed, recorded in Book 6706 Page 1332, reflects $406 to be paid in excise tax, which was <br /> collected at the time of recording. <br /> On March 18, 2021, the Canaday Law Firm submitted a corrective Deed, recorded in Book 6711 <br /> Page 2160. The corrective Deed reflects $610 to be paid in excise tax, which was collected at the <br /> time of recording. <br /> The Canaday Law Firm's intent was to record the corrective Deed (Book 6711 Page 2160 <br /> reflecting $204 in excise tax to make the total amount of excise tax to be collected as $610. The <br /> original Deed recorded on February 19, 2021 in Book 6706 Page 1332 should have had a total of <br /> $610 to be paid in excise tax. <br /> The Canaday Law firm is now requesting a refund of $406. The separate amount collected <br /> specifically for the recording process itself cannot be refunded. <br /> FINANCIAL IMPACT: This action involves a refund in the amount of $406 to the Canaday Law <br /> Firm for the overpayment of excise tax. <br />