Title
Request for Approval of Refund of Certain Erroneously Assessed Real Estate Taxes
Purpose
PURPOSE/BACKGROUND:
The City Treasurer shall issue refunds of local tax, penalty, and interest assessed and paid, owing to a taxpayer due to an erroneous assessment. Pursuant to Hampton City Code Section 37-2(b) and Code of Virginia Section 58.1-3981, no refund in excess of $2,500 per invoice shall be made until the amount is approved by the City Attorney and the City Council.
Discussion:
The Assessor of Real Estate has given notice to the City Treasurer of a change in assessment resulting in the need to refund certain real estate taxes paid by the LGBT Life Center for real property located at 20 Settlers Landing Road (the "Property"). The LGBT Life Center acquired the Property on August 24, 2017 from Prince Albert, Inc. LGBT Life Center is the successor entity of the Candii Program, the property of which, by request of City Council in 1998, was exempted by designation by the Virginia General Assembly. The total amount of the refund due and payable to the LGBT Life Center for those taxes, penalty, and interest paid since August 24, 2017 is $13,181.47, and will be paid to LGBT Life Center at its principal address of 22 W 21st Street, Suite F-308, Norfolk, Virginia 23517.
Impact:
The action requests refund of real estate taxes, penalty and interest (if any) by an entity deemed exempt by the Assessor from those taxes.
Recommendation:
Rec
Approve the Resolution.
Body
WHEREAS, pursuant to Hampton City Code Section 37-2(b), the City Treasurer shall issue refunds of local tax, penalty, and interest owing to taxpayer, except that no refund in excess of $2,500 per invoice for tax, penalty, and interest until the amount of the refund is approved by City Council in accordance with Code of Virginia Section 58.1-3981;
WHEREAS, pursuant to Code of Virginia Section 58.1-3981(A), if an assessment has been paid, the governing body of the county or city shall, upon certification of the assessing official and the city attorney, that an assessment is erroneous, direct the treasurer to refund the excess paid, with interest if so authorized;
WHEREAS, the City Assessor has certified that certain real taxes levied upon LGBT Life Center were erroneous and the City Attorney agrees that the assessment was erroneous; and
WHEREAS, the Treasurer has certified that those taxes were paid by the LGBT Life Center, the exoneration of which results in a total refund due to the LGBT Life Center in the amount of $13,181.47.
NOW THEREFORE, the City Council of the City of Hampton, Virginia directs the Treasurer to refund to the LGBT Life Center the total sum of $13,181.47.