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HomeMy WebLinkAbout11-60FEBRUARY 22, 2011 11 -60 RESOLUTION (CARRIED 6 -0 LOST LAID OVER WITHDRAWN ) PURPOSE: RESCIND PROPERTY TAXES INITIATED BY: DEPARTMENT OF FINANCE WHEREAS, the following property taxes were assessed improperly, per Wisconsin State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: American Homemade Creations LLC 319 N Sawyer Street Oshkosh, WI 54902 (ID #112805000) $500.47 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 $500.47. 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 OlHKO -f (920) 236 -5006 (920) 236 -5039 FAX ON THE WATER MEMORANDUM TO: Honorable Mayor and Members of the Common Council FROM: Peggy Steeno, Finance Director DATE: February 22, 2011 RE: Authorize Rescission of 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 is currently one property that has been incorrectly charged for the current tax year (2010), and, therefore, the amount overcharged needs to be rescinded and refunded. The Assessor's staff verified that the property in question was exempt by law from taxation due to it not doing business in Oshkosh during this time period. ANALYSIS Below are the details and reason that this item is being presented for rescission. In addition, the specific condition as outlined by State Statutes is included: Personal Property 1112805000 / American Homemade Creations LLC / 319 N Sawyer Street - S500.47 — (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 2010; 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. FISCAL IMPACT The impact of the above rescission 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. Respectfully Submitted, Approved: Peggy Steeno MarL Rohloff Finance Director City Manager