040-09BOARD OF SUPERVISORS
RESOLUTION TO AUTHORIZE COUNTY ADMINISTRATOR TO CONSENT TO
TREASURER'S COMPROMISE AND SETTLEMENT OF CERTAIN TAXES
WHEREAS, Virginia Code § 58.1 - 3994(8) allows the Treasurer, with the consent
of the governing body or its designee, to compromise and settle the amount of any local
tax due and payable when the Treasurer determines that the collection of the entire
amount due and owing is in substantial doubt and the best interests of the locality will
be served by such compromise;
WHEREAS, the Board of Supervisors of Frederick County, Virginia finds that
delinquent real property taxes, and any applicable sanitary district assessments, for
undeveloped lots in the Lake Holiday, Mountain Falls/Wilde Acres, and Shawneeland
subdivisions are particular taxes as to which the Treasurer may determine that the
collection of entire amounts due and owing for particular accounts are in substantial
doubt and the best interests of the County will be served by compromise and settlement
of the same;
WHEREAS, the Board of Supervisors of Frederick County, Virginia finds that the
appointment of a designee to consent to such compromise and settlement is
appropriate and that the County Administrator is the appropriate designee for such
purposes;
WHEREAS, the Board of Supervisors of Frederick County, Virginia finds that any
proposed compromise and settlement of such taxes and assessments may entail
consideration of legal issues as to, among other things, the availability and likelihood of
success of legal proceedings to collect such taxes and assessments, and therefore the
proposed compromise and settlement of such taxes and assessments should also be
reviewed by the County Attorney; and
WHEREAS, the Board of Supervisors of Frederick County, Virginia finds that the
County Administrator and the Treasurer should make a periodic report to the Board of
Supervisors, no less frequently than every three months, on such compromises and
settlements as are accepted.
NOW, THEREFORE, BE IT RESOLVED that, pursuant to Virginia Code § 58.1-
- 3994(B), the Board of Supervisors of Frederick County, Virginia authorizes the County
Attorney to make review of, and the County Administrator to act as its designee for the
purpose of consenting to, offers in compromise and settlement of delinquent real
property taxes, and any applicable sanitary district assessments, for undeveloped lots in
the Lake Holiday, Mountain Falls/Wilde Acres, and Shawneeland subdivisions as to
which the Treasurer may determine that the collection of entire amounts due and owing
for particular accounts are in substantial doubt and the best interests of the locality
would be served by compromise and settlement of the same; and
BE IT FURTHER RESOLVED that the County Administrator and the Treasurer
shall make a periodic report to the Board of Supervisors, no less frequently than every
three months, on such compromises and settlements as are accepted pursuant to this
Resolution.
Adopted this 28 day of January, 2009.
Richard C. Shickle, Chairman
Gary W. Dove
Philip A. Lemieux
Gary A. Lofton
Bill M. Ewing
Gene E. Fisher
Charles S. DeHaven, Jr.
Resolution 4040 -09
NO ACTION TAKEN
A COPY ATTEST
John R. Riley, Jr.
Frederick County Administrator
2
COUNTY OF FREDERICK
Roderick B. Williams
County Attorney
540/722 -8383
Fax 540/667 -0370
E -mail:
rwillia @co.frederick.va.us
MEMORANDUM
TO: The Honorable Chairman and Members of the Board of Supervisors
CC:
John R. Riley, Jr.
1A,1516
County Administrator
N
FROM:
Roderick B. Williams
a,
County Attorney W
h `' `` t F` '
W
DATE:
January 23, 2009
RE:
Resolution Authorizing County Administrator to Consent to Treasurer's
Compromise and Settlement of Certain Taxes
The General Assembly, in 2004, enacted Virginia Code § 58.1 -3994, to allow local tax
officials to compromise and settle certain taxes due and owing to their respective locality, with
the consent of the locality's governing body or its designee. The assessment of such taxes must
be in dispute or the collection of the entire amount due and owing must be in substantial doubt,
and the best interests of the locality must be served by compromise and settlement of the matter.
The County currently carries a large number of delinquent tax accounts for undeveloped
lots in the Lake Holiday, Mountain Falls /Wilde Acres, and Shawneeland subdivisions. Many of
these delinquencies date back a significant number of years, in some cases likely to the original
sale of the lots following creation of the subdivisions. The likelihood of these lots being
developed at any time in the near future is, for a number of reasons, minimal at best.
Nonetheless, property taxes (and penalties and interest on delinquencies) of course continue to
accrue on such lots. For Shawneeland, the continuing accruals include Sanitary District special
assessments.
The Treasurer has requested preparation of the attached proposed resolution for the
Board's consideration. The proposed resolution would provide for the County Attorney to
review and the County Administrator to be the designee to consent to such compromises as the
Treasurer may reach with regard to delinquent tax accounts for undeveloped lots in the three
subdivisions.
For the three subdivisions, as with all real property in the County, the Treasurer issues
semiannual bills for the taxes on such lots and sends delinquency notices when the taxes are not
paid. From time to time, either in response to a new bill or delinquency notice, or for any other
reason, the Treasurer receives an offer from an owner to resolve the entire delinquency in
exchange for the payment of a portion of the amount due. The Treasurer indicates that he
receives approximately 10 to 15 such inquiries a year regarding possible compromise offers and
that he is currently holding one check that has been tendered as an unsolicited compromise offer.
As it turns out, many of the owners of lots in the three subdivisions are out -of- state, or
may have long since abandoned any true personal attachment to the lots, or, in some cases, may
have been unaware of their ownership until a bill or delinquency notice reaches them at a
forwarding address. These factors, combined with the condition of a particular lot —
undeveloped and, in many cases, having no water or sewer service available — make collection of
the full outstanding tax, penalty, and interest amounts, either by tax sale or personally against the
owner, unlikely. Accepting a compromise would result in the more immediate payment of funds
to the County, instead of the County receiving nothing or waiting an extended time for some
uncertain future payment. Therefore, compromise and settlement of such delinquencies may be
in the County's best interest.
Because of the potentially large number of tax- delinquent undeveloped lots at issue in the
three subdivisions, it may be desirable for the Board to appoint the County Administrator as the
designee to consent to compromises for such lots, pursuant to Virginia Code § 58.1- 3994(B),
instead of requiring Board approval of each such compromise. Accordingly, the attached
proposed resolution is to such effect. Also attached, for the Board's reference, is a copy of
Virginia Code § 58.1 -3994.
The proposed resolution is limited in scope; it would apply only to undeveloped lots in
the three subdivisions at issue and applies only to the compromise of the payment of the taxes
(including, in the case of Shawneeland, Sanitary District special assessments) and not to
compromises of the actual assessment of the taxes. Any compromises of any other taxes,
including real property taxes on developed lots in the three subdivisions, or elsewhere in the
County, would require separate, direct approval by the Board, as is currently the case. The
proposed resolution also would require the County Administrator and the Treasurer to make a
periodic report to the Board of Supervisors, no less frequently than every three months, on such
compromises and settlements as are accepted pursuant to the resolution.
Attachments (proposed resolution; Virginia Code § 58.1 -3994)
2
LIS >,Reports
Code of Virginia
§ 58.1 -3994. Offers in compromise with respect to local taxes.
Page 1 of 1
A. Notwithstanding any other provision of law, the commissioner of the revenue or other official responsible for the
assessment of any local tax appealed pursuant to § 58.1- 3703.1 or § 58.1- 3983.1 may, in his sole discretion,
compromise and settle any disputed assessment of taxes prior to the time that such assessment is no longer subject to
administrative or judicial review pursuant to applicable law if the commissioner or other official responsible for
assessment determines that there is substantial doubt under applicable law, regulations, or guidelines as to the
taxpayer's liability for such taxes.
B. Notwithstanding any other provision of law, the treasurer or other official responsible for the collection of any
local tax imposed pursuant to this title may, with the consent of the governing body or its designee, compromise and
settle the amount due and payable when the treasurer or other official determines that the collection of the entire
amount due and owing is in substantial doubt and the best interests of the locality will be served by such
compromise. Whenever a tax otherwise due and owing is compromised pursuant to the provisions of this subsection,
the difference between the amount of tax then due and owing, and the amount of tax paid pursuant to such
compromise, shall be treated for the purposes of § 58.1 -3921 in the same fashion as a tax rendered legally
uncollectible by reason of the application of the United States Bankruptcy Code.
C. Any offer in compromise submitted to an official responsible for the assessment or collection of local taxes shall
be made in writing and shall be deemed accepted only when the taxpayer is notified in writing of the acceptance by
the responsible official.
D. Whenever a compromise and settlement is made pursuant to the provisions of this section, the responsible official
shall make a complete record of the case, including: (i) the tax assessed; (ii) audit findings, if any; (iii) the taxpayer's
grounds for dispute or contest together with all evidences thereof, (iv) factors calling collectibility into substantial
ioubt; (v) any nonprivileged reports or recommendations made with respect to the liability of the taxpayer, the
- - requirements of effective tax administration considered, and /or the collectibility of taxes due; and (vi) the amount
assessed or accepted and the terms and conditions attendant to settlement or compromise, with respect to the liability
in question.
E. The treasurer or other official charged with collection of taxes may deposit into the treasury of the county, city or
town any and all payments submitted with offers in compromise, unless the taxpayer specifically, clearly and
conspicuously directs otherwise in writing at the time the offer in compromise is submitted to the responsible
official. For the purposes of this subsection, no restrictive endorsement or other notation upon a check or other
payment instrument shall constitute clear and conspicuous notice of a direction not to deposit.
F. Upon acceptance of an offer in compromise by the responsible local official with respect to a tax liability, the
matter thereafter may not be reopened except upon a showing of fraud, malfeasance or misrepresentation of a
material fact.
(2004, c. 526.)
http://Iegl.state.va.us/000/lst/h3616039.HTM 1/16/2009