Agenda - 04-13-2004-5d - Laserfiche WebLink

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ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: April 13, 2004 Action Agenda Item No. _ ~~- __ SUBJECT: Property Tax Refunds DEPARTMENT: Assessor's Office PUBLIC HEARING: (Y/N) No ATTACHMENT(S): Resolution Tax Refund Requests INFORMATION CONTACT: John Smith, ext. 2101 Durham 688-7331 Mebane 336-227-2031 TELEPHONE NUMBERS: Hillsborough 732-8181 Chapel Hill 968-4501 PURPOSE: To consider adoption of a refund resolution related to six (6) requests for property tax refunds. BACKGROUND: The Assessor's Office has received six (6) requests from taxpayers for refund of property taxes paid in prior fiscal years. General Statute 105-381(b), "Action of Governing Body" provides that "upon receiving a taxpayer's written statement of defense and request far release or refund, the governing body of the Taxing Unit shall within 90 days after receipt of such a request determine whether the taxpayer has a valid defense to the tax imposed or any part thereof and shall either release or refund that portion of the amount that is determined to be in excess of the correct liability or notify the taxpayer in writing that no release or refund will be made". North Carolina law allows the Board to approve property tax refunds for the current and four previous fiscal years. It should be noted that one of the six refunds is in order owing to a court judgment in the case of Chapel Hill Kehillah vs. Orange County, which involved a question of tax exemption related to application for exemption not being filed in the calendar year of 2003. Board of County Commissioner approval is required to give effect to the court rendered decision. In addition to the statutorily calculated tax refund, Chapel Hill Kehillah is also entitled to reimbursement of the court costs associated with the court action. FINANCIAL IMPACT: Approval of these changes will result in a net reduction in revenue of $27,840.11 to the County, municipalities, and special districts. RECOMMENDATION(S): The Manager recommends that the Board approve the attached resolution approving six (6) property tax refund requests in accordance with N.C. General Statute 105-381.