HomeMy WebLinkAbout09-85MARCH 24, 2009 09 -85 RESOLUTION
(CARRIED 5 -0 LOST LAID OVER WITHDRAWN )
PURPOSE: RESCIND PERSONAL PROPERTY TAXES
INITIATED BY: ADMINISTRATION
WHEREAS, the below noted business filed a claim for recovery of unlawful taxes
with the City of Oshkosh,
WHEREAS, the City verified that the personal property was overvalued for this
business for the current year,
WHEREAS, the business paid the taxes, and
WHEREAS, the same personal property taxes were assessed improperly, per
Wisconsin State Statutes 74.33 (1) (e), and partial rescission of the tax due and refund is
appropriate:
2nd Wind Exercise Equipment Inc.
2550 S Washburn Street
Oshkosh, WI 54904
(Person Property ID 200235000) $554.97
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Oshkosh that the proper City Officials are hereby authorized and directed to rescind the
sum of $554.97, and refund the same amount to the above noted business.
BE IT FURTHER RESOLVED that the proper City Officials are authorized and
directed to seek compensation from the other taxing entities per Wisconsin State Statutes
74.41.
BE IT FURTHER RESOLVED that the City Clerk is hereby directed to inform the
above noted business by certified mail of the partial allowance of the claim and the fact
that the claimant has ninety (90) days from the date of service to appeal.
Funds for this purpose are appropriated from:
Account No. 100- 0908 - 6469 -00000 — Tax Refund Account
City of Oshkosh
Finance Department
215 Church Ave., PO Box 1130
Oshkosh, WI 54903 -1130
O.lHKQJ -I (920) 236 -5080 (920) 236 -5039 FAX
ON THE WATER
MEMORANDUM
TO: Honorable Mayor and Members of the Common Council
FROM: Peggy Steeno, Finance Director
DATE: March 16, 2009
RE: Authorize Rescission of Personal Property Taxes .
BACKGROUND
Per Wisconsin State Statutes, the removal of Property Taxes needs to be authorized by the Common
Council. Statues enumerate six specific conditions under which a rescission is appropriate / necessary.
There is currently one business that has been incorrectly overcharged for 2008 personal property taxes,
and, therefore, the amount overcharged needs to be rescinded and refunded. This business filed a claim
against the City, and in reviewing the claim, the Assessor's staff found that a double taxation had
occurred.
ANALYSIS
Below are the details and reason that this is being presented for rescission. In addition, the specific
condition as outlined by State Statues is included:
Personal Property 200235000 / 2 nd Wind Exercise Equipment Inc. / 2550 S Washburn Street -
$554.97 — ( State Statute 74.33 (e) — There was a double assessment for personal property for this
business) - The value of personal property increased from 2007 to 2008, and although the correct value
for 2008 was entered, the value from 2007 was not removed as it should have been. The business did
not notify the City before they paid the assessment; therefore, a refund is necessary. This was verified by
the Assessor's Office.
FISCAL IMPACT
The impact of the above rescissions is short term only, since, in the year that the taxes are rescinded, the
City notifies the Department of Revenue (DOR) of the rescissions, and the DOR adjusts the equalized
value for the following year to account for the difference. These adjustments are built into the tax rate
for all taxing authorities for the following year.
RECOMMENDATION
Staff recommends that Council authorize this resolution to rescind and refund the above noted taxes as
outlined.
Res ectfully Submitted,
Peggy Steeno
Finance Director
Approved:
Mark Rohloff
City Manager