HomeMy WebLinkAbout08-028IZLSOI,UTION No
W1 II~,IZI~a1S, Article III oI~ Chapter 21 of the Butte County Code presently requires that
the Recorder impose a real property transfer tax, also referred to as a documentarv transfer tax,
upon the recordation of a decd, instrument or other writing which transfers an interest in lands.
tenements or other realty sold within the County; and
WHER1~a1S, the Board desires to amend Article Ill of Chapter 21 oI' the Butte County
Code, in order to update llrticle Ill of Chapter 21, to bring t~rticlc lll of Chapter 21 into
conlonnance with amendments the Legislature has made to the Revenue and Taxation Code
since the adoption of~ nrticle Ili of Chapter 21; and
W1II:REAS. Rcti~enue and 'l~axation Code section 11914 provides that claims for refunds
of documentary transfer taxes shall he governed by Revenue and ~l'axation Code section 5096.
and
~~'III~:RI?:1S, Revenue and ~Caxation Code section 5096, specilies that taxes shall be
refunded when said taxes have been paid more than once, erroneously or illegally collected, or
illegallyy assessed or levied; and
~'I IIRI:AS, Revenue and ~l-axation Code section 5096 f~rmcrly reyuircd that
RI:SOL[~'I~1C>N DiLF;Gf1'I'ING f21~,VIl?W/t1PPROV~II_ AU'1'I IC)Rl"I~Y I~'t)R I)(X'UMFN'1'ARY
~IRf1NSF~'1?R "I~AX RFI~UND Cl.f'1IMS OI' $5.000 11N[) I3F.LU~~ 'I'C) I3U1°I~F, COUNTY
RI:CORUER
documentary transfer tax refunds could be issued only up«n order o1~ the Board of Supervisors;
and
l~~l iI~RF~:~~S, the Legislature amended Revenue and ~faxation Code section 5096 in 1991
to delete the above requirement; and
WIIERl:11S, the Butte County Recorder has informed the Board that a survey of other
counties indicates that, since 1991, the boards of~ supervisors of a number of~ other co~mties have
delegated the authority to the controllers and/or the recorders ol~ those counties to issue
doct~~mentary transfer t~~lx refunds ol~ up to $10,000 in situations which meet the requirements of
Revenue and ~faxation Code section 5096, without the approval of~ the boards of supervisors oC
those counties; and
Wll1;Rl:!~S, the majority of documentary transfer tax rclund claims against the County
seek refunds of less than $5,000. and
VVl l1:Rl~,nS, the Board currently receives only a I`ew claims for refund of~ documentary
transfer taxes each year, and the claims have been based either on mathematical miscalculations
or double payments, matters which the Recorder can easily verify; and
1~%lll~;Rla\S, the requirement of presenting to this Board all documentary transfer tax
refund claims causes a delay in the County's ability to respond to said claims in a timely manner:
and
y~[ II:RI~;~S. a proposal has therefore been presented to this Board to delegate the
authority to the Recorder to review documentary transfer tax refund claims, make determinations
whether said claims are based upon circumstances under which Revenue and 'I~axation Code
section 5096 requires that the taxes subject to the refund claims shall be refunded, and if so, to
issue a refund as to said claims of~ $5,000 or Iess; and
W1 ilRl115, the Board finds that it will be conducive to the efficiency o1~ the
documentary transfer tax refund process to aulhorir.e the Recorder to review and, under the abcwc
specified circumstances, make determinatio-~s whether said claims arc based l-pon circumstances
under which Revenue and 'haxation Code section 5096 requires that the taxes subject to tt~e
refund claims shall be refunded, and if~ so, issue a refund as to said claims of ~~,000 or less; and
WtfER1:AS, the Hoard also finds that it wi11 be conducive to the el~ficieney of the
documcniary transfer tax refund process to require that claims for rellu~ds shell be made upon a
form approved by County Counsel.
NOW, ~f~l ll~R}:i~OR1~.. Bl; I~1~ Rf~;SOI.Vf~:U by the Board of Supervisors of the Co~u7ty of Butte:
1. Claims for refunds of documentary transfer taxes shall be made by a>mpletin~ a Refund
Bequest form approved by County Counsel.
2. "fhe Recorder is authorised to review documcniary transfer tax rcl'L-nd claims and make:
determinations whether said claims arc actually based upon circumstances under which Revcnuc
and ~faxation Code section ?096 requires that the taxes subject to the refund claims shall be
rc l LII1dCd.
3. "1~he Recorder is authorised to issue a refund as to documentary transfer tax refund claims
of $5,000 or less, if said claims arc based upon circumstances ul~der which Revenue and
"haxation C'odc section X096 requires that the taxes subject to the refund claims shall be refunded.
4. 1'he Board oi~ Supervisors shall continue to make determinations whether documcniary
transfer tax ref~~-nd claims of over $5.000 arc actually based upon circumstances under which
Revcnuc and Taxation Code section 509b requires that the taxes subject to the refund claims
skull be refunded, and if so_ the Board shall issue a refund as to said claims.
5. The Recorder shall continue to make recommendations to the F3oard ol~ Supervisors
regarding documentary transfer tax refund claims of over $5.000.
P~SS1~:I) ANU rIUOP'l~la) by the Board of Supervisors ol~the County ol~ Butte
~.
'r i
this t,' _day of :?~,/>~~_ .2008, by the following vote:
~YLS: Supervisors Connell.y,Dolan, Kirk, Yamaguchi., and Chair .Josiassen
NOES: None
~I3SEN"1': None
NOT VO"DING: None
~.,~
Curt Jpsiassen, Chair
Butts `County F3oard of Supervisors
,~~1~"l~l~S~l~:
C. Brian Iladdi~, Chief nclministrative Officer
and Clerk of the Board ol~ ~upcrvisors
,, ~ _;~~
By: _ ,- - ~ ~ --
4
OFFICE OF
Date: 3/14/08
Board Action Date: 3111 /08
Minute Order No.:08-028
CLERK OF "~HI~, B(J:~RD
Route:® Referral:^
Department
Document
Action Requested
^Administration
^Abriculture
^Assessor
^Auditor-Controller
^Behavioral Health
^Child Support Services
®County Clerk-Recorder
^Elections
®County Counsel
^Development Services
^Planning
^Building
^District Attorney
^Employment & Social Services
^Farm, Home & 4-H
^Fire Department
^General Services
^Human Resources
^Information Systems
^LAFCo
^Library
^Prabation
^Public Guardian
^Public Health
^Environmental Health
^Public Works
^Land Development
^Sheriff-Coroner
^Superior Court
^Treasurer-Tax Collector
^Water & Resource Conservation
^Berry Creek Administration
^Agreement(s)
^File
^Application(s}
^Bud~.~et Transfers
^Certified ~!tinutes
^Claims
^Correspondence
^Dced(s)
^Notice of Completion
^Ordinance(s}
®Resalution(s)
^Information
^Necessary Action
^Signature
^Recommendation
^Record
^Report to Board
^Return Copy to:
^Return Oribinal to:
~LV/O F.,nclosures
Agenda Item:08-028
Comments: