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HomeMy WebLinkAbout09-356SEPTEMBER 8, 2009 09 -356 RESOLUTION (CARRIED 7 -0 LOST LAID OVER PURPOSE: RESCIND PROPERTY TAXES INITIATED BY: DEPARTMENT OF FINANCE WITHDRAWN ) WHEREAS, the following property taxes were assessed improperly, per Wisconsin State Statutes 74.33 (1) (d), and rescission of the tax due is appropriate: West Murdock Auto Sales 910 W Murdock Avenue Oshkosh, WI 54901 (Personal Property ID #090700000) $1,177.18 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 $1,177.18. 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. 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.fHKO.IH (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 1 C11 DATE: September 3, 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overcharged for 2006, 2007, and 2008 personal property taxes, and, therefore, the amount overcharged needs to be rescinded and refunded. The Assessor's staff verified that the business in question was not doing business in Oshkosh during this time period. 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 090700000 / West Murdock Auto Sales / 910 W Murdock Avenue - $1,177.18 — (State Statute 74.33 (d) The property was not located in the taxation district for which the tax roll was prepared) — This business was not operating in the City of Oshkosh during the years 2006, 2007 or 2008; however, the City was never notified. Therefore, our records were not correct. This has been verified by the Assessor's office and the correction has been made. 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 Submitt d, Peggy Steeno Finance Director Approved: Mark Rohloff City Manager