BoCC Consent Agenda, Date of Public Meeting Agenda Item # (leave blank) Board Summary Report Date: November 9, 2016 To: Board of County Commissioners Through: Sue Sandstrom, Treasurer From: Debbie Dater, Property Tax Director Subject: Cancelation of Personal Property Tax for Closed Businesses Request and Recommendation Request for adoption of a resolution canceling levied personal property taxes that are deemed uncollectible for tax years 1995 through 2006, plus taxes for subsequent years for these businesses, if any. Background Pursuant to CRS 39-10-114(2)(a), “Any taxes levied on personal property, including but not limited to mobile homes, which are determined to be uncollectible after a period of one year after the date of their becoming delinquent may be canceled by the board of county commissioners.” This particular list is comprised of inactive businesses in Arapahoe County with amounts due for tax years 1997 through 2006. If taxes in subsequent years for these businesses were also found to be due, the subsequent years were included in this request for cancelation. The list also includes taxes for 1995, where the court ordered amounts were paid and the remaining balances were never canceled. Links to Align Arapahoe This is a business process that helps to clean up old records, giving a better picture of tax revenue that is outstanding and has the potential of being collected. By canceling uncollectible personal property and mobile home taxes, staff can focus on collecting more current delinquencies, thus contributing to Fiscal Responsibility. Discussion In recent years, the Treasurer’s Office has collected over 97% of the property taxes due every year. The amounts to be canceled represent a very small percentage of the overall expected revenue for all authorities for the affected tax years. The expected revenue amounts range from just over $402.750 million for tax year 1997 to over $794.5 million for tax year 2014. There are multiple reasons for these cancelations, including bankruptcy cases being dismissed, final settlements on bankruptcy cases, businesses being closed, and assets being sold, seized by the state and/or being destroyed. Page 1 of 3 BoCC Consent Agenda, Date of Public Meeting Agenda Item # (leave blank) The following is a summary by year of the amounts to be canceled. Please note that for tax year 2001, there is a single tax record with an amount due of almost $1.8 million. This is why the total requested cancelation for tax year 2001 is substantially more than the other years. The resolution will contain an attachment detailing the property identification numbers, the tax years, the amounts to be canceled, the reasons for the cancelations, and the amount that would have been disbursed to the county, if the taxes had been collected. Tax Year 1995 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 Totals # of Parcels 14 1 2 1 82 193 189 563 641 675 666 275 155 60 45 27 12 11 6 3,618 Dollar Amount 13,991.20 543.60 243.21 239.89 259,390.85 2,262,387.42 297,509.82 381,026.08 449,182.33 412,310.11 424,749.00 151,459.70 92,418.79 45,197.28 21,320.37 26,015.45 9,321.03 12,874.26 5,320.61 4,865,501.00 Alternatives N/A Fiscal Impact The amount we are requesting to be canceled is $4,865,501.00, which if collected, would have been disbursed to multiple taxing authorities, including Arapahoe County. The amount payable to the county would have been $657,613.12. As the 3,618 records have been determined to be uncollectible for a variety of reasons, there is no real fiscal impact to the County. Reviewed By: Sue Sandstrom, Treasurer Todd Weaver, Budget Manager Debbie Dater, Property Tax Director Monica Kovaci, Assistant County Attorney Page 2 of 3 BoCC Consent Agenda, Date of Public Meeting Agenda Item # (leave blank) RESOLUTION NO. ___________. It was moved by Commissioner __________________ and duly seconded by Commissioner ________________ to adopt the cancelation of 1997 through 2006 personal property taxes for businesses that are no longer active, along with taxes due for subsequent years, if any; and to adopt the cancelation of the remaining balance of 1995 taxes after a court ordered settlement, all of which are identified in the attached Exhibit A presented to the Board of County Commissioners on this date. The vote was: Commissioner Bockenfeld, ____; Commissioner Doty ____; Commissioner Holen _____; Commissioner Jackson _____; Commissioner Sharpe, ____. The Chair declared the motion carried and so ordered. Page 3 of 3
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