Orange County NC Website
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 <br />into law as Session Law 2000-2 (S.L. 2000-2) and effective for taxable years beginning on or <br />after July I, 2000; and <br />WHEREAS, this act repealed the property tax on certain vehicles leased or rented under <br />retail short-term leases or rentals and authorized counties to replace the lost tax revenue <br />through enactment of a local tax on gross receipts derived from retail short-term leases or <br />rentals. <br />NOW, THEREFORE 6E IT RESOLVED, by the Orange County Board of Commissioners <br />that the following ordinance is enacted: <br />SECTION 1. Tax on Gross Receipts Derived from Retail Short Tenm Motor Vehicle <br />Leases or Rentals. The County of Orange hereby imposes and levies a tax of one and one <br />half percent (1 1/2 %) of the gross receipts from the short-term lease or rental of vehicles at <br />retail to the general public. <br />SECTION 2. Administration. The County will administer and collect from operators of <br />leasing and rental establishments the taxes levied hereby and the county may promulgate <br />additional rules and regulations necessary for implementation of the taxes. <br />SECTION 3. Payment of Taxes and Filing of Returns. The taxes levied hereby are <br />due and payable to the County in monthly installments on or before the fifteenth (15th) day of <br />the month following the month in which the tax accrues. Every taxable establishment required to <br />collect the tax shall, on or before the fifteenth (15th) day of each month, prepare and render a <br />return to the County. The County shall design, print, and furnish to all taxable establishments <br />the necessary forms for filing returns and instructions to ensure the full collection of the tax. A <br />return filed for this purpose is not a public record as defined by Section 132-1 of the North <br />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 <br />to file a return and pay the tax levied herein shall pay a penalty of ten dollars ($10.00) for each <br />day's omission up to a maximum of two thousand dollars ($2;000.00) for each return. In case of <br />failure or refusal to file a return or pay the tax for a period of thirty (30) days after the time <br />required for filing the return or paying the tax, there shall be an additional tax, as a penalty, of <br />five percent (5%) of the tax due, with an additional tax of five percent (5%) for each additional <br />month or fraction thereof until the tax is paid. The Orange County Board of Commissioners, for <br />good 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 <br />association who willfully attempts in any manner to evade a tax imposed herein or who willfully <br />fails to pay the tax or make and ale a return shall, in addition to the penalties provided by law <br />and herein, be guilty of a misdemeanor punishable as provided by law. <br />