THE BOARD OF COMMISSIONERS GRANTED THE TAXPAYERS REQUEST FOR THE REFUND AND ADOPTED THE FOLLOWING RESOLUTION :
WHEREAS, THIS MATTER WAS HEARD BY THE BOARD OF COMMISSIONERS MARCH 17, 2025; AND
WHEREAS, THE COUNTY ATTORNEY REPORTED THAT THE TAXPAYER ACKNOWLEDGED RECEIPT OF THE NOTICE OF THIS HEARING; AND
WHEREAS, THE TAXPAYER, ATTORNEY JENNIFER K. FINCHER, REQUESTED A REFUND OF THE COUNTY’S ONE-HALF OF THE EXCISE TAX PAID FOR RECORDING A DUPLICATE DEED IN ERROR; AND
WHEREAS, THE COUNTY ATTORNEY REPORTED THAT THE DEED WAS FIRST RECORDED SEPTEMBER 18, 2024, IN BOOK 12064 AT PAGE 512, AND A DUPLICATE WAS RECORDED SEPTEMBER 19, 2024, IN BOOK 12064 AT PAGE 880 WITH THE EXCISE TAX FOR EACH RECORDING BEING $417; AND
WHEREAS, THE COUNTY ATTORNEY ADVISED THAT HE REVIEWED THE RECORDED DOCUMENTS AND CONFIRMED THAT THE RECORDING INFORMATION AND STATED EXCISE TAX WARRANTS THE REFUND OF THE COUNTY’S HALF OF THE EXCISE TAX PAID ON THE DUPLICATE RECORDING IN THE AMOUNT OF $208.50; AND
WHEREAS, THE COUNTY ATTORNEY FURTHER ADVISED THAT THE TAXPAYER MUST RECORD A DOCUMENT WHICH STATES THE CORRECT AMOUNT OF THE EXCISE TAX, WHICH IN THIS CASE NONE WAS DUE BECAUSE IT WAS NOT A TRANSACTION; THE REGISTER OF DEEDS MUST NOTIFY THE FINANCE OFFICER AND THE SECRETARY OF REVENUE WHEN THAT DOCUMENT HAS BEEN RECORDED; AND THE REFUND BEARS INTEREST PURSUANT TO THE STATUTE.
BE IT RESOLVED, THE CUMBERLAND COUNTY BOARD OF COMMISSIONERS FINDS THAT THE FACTS STATED ABOVE WARRANT THE REFUND OF THE EXCISE TAX AS REQUESTED BY THE TAXPAYER.
BE IT FURTHER RESOLVED, THAT UPON THE TAXPAYER RECORDING A DOCUMENT STATING THE CORRECT AMOUNT OF THE EXCISE TAX THAT COMPLIES WITH G.S. § 105-228.37(E), THE REGISTER OF DEEDS SHALL NOTIFY THE FINANCE OFFICER AND THE SECRETARY OF REVENUE OF THE BOARD’S ACTION IN THIS MATTER AND THE COUNTY FINANCE OFFICER SHALL REFUND THE TAXPAYER ONE-HALF OF THE EXCISE TAX IN THE TOTAL AMOUNT OF $208.50 WITH INTEREST AS PROVIDED BY G.S. § 105-228.37.
ADOPTED MARCH 17, 2025
CUMBERLAND COUNTY BOARD OF
COMMISSIONERS