Agenda - 11-15-2022; 8-b - Refund for Overpayment of Excise Tax

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1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: November 15, 2022 Action Agenda Item No. 8-b SUBJECT: Refund for Overpayment of Excise Tax DEPARTMENT: Register of Deeds ATTACHMENT(S): INFORMATION CONTACT: Refund Request Letter from Love Law Amy McLamb, 919-245-2677 Firm Mark Chilton, 919-245-2679 Copy of Recorded Deed and Receipt Copy of Record Affidavit of Correction Copy of Relevant NC General Statutes PURPOSE: To consider a refund of overpayment of Excise Tax of $1,030 to the Love Law Firm. BACKGROUND: North Carolina General Statute 105-228.37 sets forth the procedure for requesting a refund of overpayment of excise tax. The statute states a taxpayer who pays more than is due may request a refund by filing a written request for a refund with the Board of County Commissioners of the county where the tax was paid, and must explain why the taxpayer believes a refund is due. On September 7, 2022, the Love Law Firm electronically submitted a Deed for recording stating the amount of excise tax due as $1,460.00, which was collected during the time of recording. The attorney, Robert Love with Love Law Firm, later stated the amount of excise tax due based on the purchase price of the property was $430. Mr. Love drafted and recorded an Affidavit of correction describing the error on September 27, 2022, and is requesting a refund for $1,030 for overpayment of excise tax. FINANCIAL IMPACT: This action involves a refund in the amount of $1,030 to the Love Law Firm for the overpayment of excise tax. SOCIAL JUSTICE IMPACT: There is no Orange County Social Justice Goal impact associated with this item. ENVIRONMENTAL IMPACT: There is no Orange County Environmental Responsibility Goal impact associated with this item. RECOMMENDATION(S): The Manager recommends that the Board approve a refund for$1,030 to the Love Law Firm.