File #: 16-0719    Version: 1
Type: Agenda Item Status: Approved
File created: 6/27/2016 In control: Board of Supervisors
On agenda: 7/19/2016 Final action: 7/19/2016
Title: Auditor-Controller recommending the Board adopt and authorize the Chair to sign Resolution 120-2016 authorizing the transfer of $12,981.75 in expired unclaimed property tax refunds to the county general fund in accordance with Revenue and Taxation Code §5102.
Attachments: 1. A - Unclaimed Prop Tx Refunds Ltr JHarn 06-27-16, 2. B - Unclaimed Prop Refund Resolution 07-19-16, 3. C - Blue Route 7-19-16, 4. Executed Resolution 120-2016

Title

Auditor-Controller recommending the Board adopt and authorize the Chair to sign Resolution 120-2016  authorizing the transfer of $12,981.75 in expired unclaimed property tax refunds to the county general fund in accordance with Revenue and Taxation Code §5102. 

Body

DEPARTMENT RECOMMENDATION

The Auditor-Controller recommends the Board adopt the attached Resolution 120-2016  authorizing the transfer of $12,981.75 in expired unclaimed property tax refunds to the county general fund in accordance with Revenue and Taxation Code (RTC) §5102.

 

 

DISCUSSION / BACKGROUND

RTC §5102 et seq. permits the Board to order the transfer of expired unclaimed property tax refunds made under the provision of  Revenue and Taxation Code Division 1, Part 9, Chapter 5, Article 1.  No alternate procedure exists.

 

RTC §5097(a)(2) generally requires taxpayers to file a claim for refund within four years after making the payment to be refunded.  Following the expiration of the claim, RTC §5102 allows for expired unclaimed refunds to be transferred to the county general fund on order of the board of supervisors.   As of 6/30/16, all expired unclaimed refunds on the attached list have exceeded the time limits established by RTC §5097 (a)(2).

 

 

ALTERNATIVES

NA

 

OTHER DEPARTMENT / AGENCY INVOLVEMENT

NA

 

CAO RECOMMENDATION

Chief Administrative Office concurs with the recommendation.

 

FINANCIAL IMPACT

There is no fiscal impact.

 

CLERK OF THE BOARD FOLLOW UP ACTIONS

Board Clerk will forward one fully executed Resolution to the Auditor-Controller’s Office.

The Auditor-Controller will process journal entries to accomplish the transfer of expired unclaimed property tax refunds to the county general fund.

 

 

STRATEGIC PLAN COMPONENT

 

 

CONTACT

Joe Harn