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HomeMy WebLinkAbout10-50FEBRUARY 23, 2010 10 -50 RESOLUTION (CARRIED 7 -0 LOST LAID OVER WITHDRAWN ) PURPOSE: RESCIND PERSONAL PROPERTY TAXES ( Eyesurf Computers, LLC, Diet Center /Linda Sanchez -Reid, The Varsity Club and Petite Sophisticates) INITIATED BY: DEPARTMENT OF FINANCE WHEREAS, the following property taxes were assessed improperly, per Wisconsin State Statutes 74.33 (1) (d), and rescission of the tax due is appropriate: Eyesurf Computers LLC 708 Oregon Street Oshkosh, WI 54901 (Personal Property ID #032950000) $388.50 Diet Center — Linda Sanchez -Reid 538 Central Street Oshkosh, WI 54901 (Personal Property ID #118001000) $140.41 WHEREAS, the following property taxes were assessed improperly, per Wisconsin State Statutes 74.33 (1) (e), and rescission of the tax due is appropriate: The Varsity Club 570 N. Main Street Oshkosh, WI 54901 (Personal Property ID #054200000) $1,042.10 Petite Sophisticates 3001 S Washburn Street D -50 Oshkosh, WI 54901 (Personal Property ID #200321000) $2,605.24 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 $4,176.25. 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: /_fie �Iiii►re m[ 9I9ai1 :M: El[:OaiIIIIIIIIM674:ZM M TFORM V Iiii City of Oshkosh Finance Department 215 Church Ave., PO Box 1130 Oshkosh, WI 54903 -1130 01HKOfH (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: February 23, 2010 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. Statutes enumerate six specific conditions under which a rescission is appropriate / necessary. There are currently four businesses that have been incorrectly charged for Personal Property Taxes for the current tax year (2009), and, in one case, the previous year (2008) tax was also incorrect; therefore, the amounts overcharged need to be rescinded and refunded. The Assessor's staff verified that two of the four businesses were not doing business in Oshkosh during the applicable time period, and the other two businesses were over assessed. ANALYSIS Below are the details and reasons that each of these is being presented for rescission. In addition, the specific condition as outlined by State Statutes is included: Personal Property 032950000 / Eyesurf Computers LLC / 708 Oregon Street - $388.50 — (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 year 2009; however, the City was not notified. Therefore, our records were not correct. This has been verified by the Assessor's office and the correction has been made. Personal Property 118001000 / Diet Center — Linda Sanchez -Reid / 538 Central Street - $140.41 — (State Statute 74.33 (b) — (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 2008 and 2009; however, the City was not notified. Therefore, our records were not correct. This has been verified by the Assessor's office and the correction has been made. Personal Property 054200000 / The Varsity Club / 570 N. Main Street - $1,042.10 — (State Statute 74.33 (e) — A double assessment has been made) — A previous owner of this establishment leased the pool tables and reported that amount in the leased equipment section on the personal property statement. There was a change in ownership, and contact with the new owner in January of this year revealed that the lease on the pool tables was bought out. The new owner had reported the pool tables on the personal property statement and the lease amount in the leased equipment section of the personal property account remained- resulting in a double assessment for the pool tables. Therefore, our records were not correct. This has been verified by the Assessor's office and the correction has been made.