Loading...
1991-12-16 Work Session .., MINUTES' OF SPECIAL WORK SESSION, DECEMBER'16, 1991 PAGE 759 ASSEMBLY The New Hanover County Board of Commissioners met in a Special Work Session on Monday, December 16, 1991, at 1:25 o'clock P.M. in Room 501 of the New Hanover County Administration Building, 320 Chestnut Street, Wilmington, North Carolina. . Members present were: Commissioners Jonathan Barfield, Sr.; Fred Retchin; William H. sutton; Vice-Chairman Robert G. Greer; Chairman E. L. Mathews, Jr.; County Manager, Allen O'Neal; County Attorney, Robert W. Pope; and Clerk to the Board, Lucie F. Harrell. Chairman Mathews called the meeting to order and stated the purpose of the meeting is to discuss the intent of the State law repealing the inventory tax relative to contractors' inventories. He requested Tax Administrator, Roland Register, to proceed with the discussion. DISCUSSION OF INTENT OF THE STATE LAW REPEALING THE INVENTORY TAX Tax Administrator, Roland Register commented on the State law and stated the question to be answered is how inventories of a business are to be treated when not specifically identified by the State law. He introduced Mr. Jim Wagner, Personal Property Specialist for the N. C. Department of Revenue, to briefly present the interpretation of this law by the N. C. Department of Revenue. . Mr. Wagner presented background information on the legislation and stated the key issue involved is that the State law did not specifically address contractors; therefore, the N. C. Department of Revenue feels that inventories for contractors are not tax exempt. The Department of Revenue uses The Standard Industrial Classification Manual as its reference for the classification of construction trades, retail businesses, wholesale businesses, and manufacturing. The law has been in existence since August 7, 1987, with no case presented to the N. C. Property Tax Commission for a ruling involving exemption for inventories of contractors. commissioner Retchin inquired as to why a specific product would be exempt from taxation if the product is inventory in a retail outlet and not exempt from taxation if the same product is in the hands of the contractor? Mr. Wagner stated if a business can prove that it is operating in two marketing channels as a contractor and a retailer or wholesaler of equipment, an allocation can be made. Attorney Alex Hall, a former member of the N. C. House of Representatives and a member of a special subcommittee of the Finance Committee who drafted the bill, stated the intent of the bill was to repeal all classifications of business inventory. He stated the N. C. Department of Revenue scrutinizes tax laws and does an excellent job of collecting revenues for the State; however, if an item does not fall within a specific category, the Department of Revenue will usually take the position that the item should be taxed. In this case, the intent of the law was to repeal the inventory tax. . Senator Franklin Block stated the package came to the Senate with a corporation tax increase in order to cover, the Better Schools Program in North Carolina with elimination of the inventory tax to counter balance this increase. At that time, no discussion was held on any classifications whereby the inventory tax would not be eliminated. A lengthy discussion was held on the intent of the law and the logic of the law. Motion: After further discussion, Commissioner Sutton MOVED to uphold the appeal of Hanover Iron Works, Inc. with no application of the inventory tax. The floor was opened for discussion. .~ ( ~ MINUTES OF SPECIAL WORK.SESSION,. DECEMBER 16, 1991 PAGE 76.0" . .f".;" County Attorney Pope expressed concern for the motion since the Board of County Commissioners is not the proper forum for correction of a state law. Mr. Wagner stated the N. C. Department of Revenue does not feel their interpretation of the law is incorrect; however, if there is a problem with the law, the General Assembly can remedy this situation by adding the word "contractors". County Manager O'Neal recommended requesting the local legislators to introduce a bill for clarification of the law. () Senator Block offered to immediately prepare legislation to introduce a bill to provide that contractors' inventories will receive the same property tax exemption as manufacturers', retailers' and wholesalers' inventories. Motion withdrawn: commissioner Sutton withdrew the MOTION. Motion: After further discussion, commissioner Retchin MOVED, SECONDED by Commissioner Sutton to request Senator Franklin Block to prepare a bill to exempt inventories of contractors as currently exempted for manufacturers, wholesalers, and retailers. Any matters before the Board of County Commissioners with respect to this type of tax levy shall remain open until the law is further defined. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Mathews, on behalf of the Board, expressed appreciation to Mr. Wagner for attending the Work Session and discussing the law. BREAK Chairman Mathews convened from Regular Session for a break from 2:10 o'clock P.M. until 2:20 o'clock P.M. () FINAL DECISION ON 1986-1990 DISCOVERY FOR COMMERCIAL PARTY BOAT OWNED BY ROBERT E. WOLFE Tax Administrator, Roland Register, stated the marine appraiser valued the boat in its present condition (1991) at $16,000. The appraiser could not go back to 1987, at which time the boat would have been valued at $30,000 to $40,000; therefore, in order to be fair, the Board should continue to uphold the discovered values; adjust the 1991 value to $16,800 (5% above the high-side estimate provided by M. B. Ward Marine Surveyors); apply the $16,000 value to 1992 due to the time of the appraisal; and apply a 5% deprecation factor to 1993. Motion: Chairman Retchin MOVED, SECONDED by Commissioner Sutton to approve the recommendation as presented and authorize the Tax Administrator to forward a letter to Mr. Wolfe advising him of the proposed recommendation. Upon vote, the MOTION CARRIED UNANIMOUSLY. ADJOURNMENT Motion: commissioner Barfield MOVED, SECONDED by Commissioner Sutton to adjourn. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Mathews adjourned the meeting at 2:51 o'clock P.M. (\ \ ) ~d~~ Lucie F. Harrell Clerk to the Board