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AG 2011 02 21
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AG 2011 02 21
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6/13/2011 9:22:41 PM
Creation date
11/27/2017 11:14:25 AM
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Meeting Minutes
Doc Type
Agenda
Meeting Minutes - Date
2/21/2011
Board
Board of Commissioners
Meeting Type
Regular
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NCACC <br />Page 2 of 3 <br />' Question: If the voters pass the referendum for the land transfer tax, what happens <br />next? <br />Answer: If the Board of Commissioners wishes to levy the tax, it must provide 10 days <br />public notice of its intent to adopt a resolution to levy the tax. After it adopts the <br />resolution, it must send a certified copy of the resolution along with a certified copy of <br />' the election results of the referendum to the county Register of Deeds office. <br />Question: When is the earliest the land transfer tax will become effective if the county <br />board of commissioners levies the land transfer tax via resolution following a <br />' successful referendum? <br />Answer: The tax may become effective only on the first day of a calendar month set in <br />the resolution levying the tax, which may not be earlier than the first day of the second <br />succeeding calendar month after the resolution is adopted. For example, if a <br />' successful referendum is held during the November general election and the Board <br />adopts the resolution levying the tax within the month of November, after the required <br />10 days of public notice, the county could begin collecting the tax on January 1. <br />Question: Are there restrictions on the use of either of the new local option tax <br />' <br />be:'[ ] FOR [ ] AGAINST <br />Local sales and use tax at the rate of one - quarter percent (0.25 %) in addition <br />to all other State and local sales and use taxes.' <br />' <br />Note: The sale tax amount is set at a rate of .25 %. <br />' <br />Question: When is the earliest the sales tax will become effective if the Board of <br />County Commissioners levies the sales tax via resolution following a successful <br />referendum? <br />Answer: The sales tax may become effective on the first day of any calendar quarter <br />' <br />so long as the county gives the Secretary of Revenue at least 90 days' advance <br />notice. For example, if a referendum is held in November during the general election <br />' <br />and passes, the earliest a county could begin collecting the revenue would be April 1 <br />of the following year, provided it adopts a resolution levying the tax and forwards it to <br />the Department of Revenue prior to December 31. <br />' <br />Question: If the voters pass the referendum for the sales tax, what happens next? <br />Answer: If the Board of Commissioners wishes to levy the tax, it must provide 10 days <br />public notice of its intent to adopt a resolution to levy the tax. After it adopts the <br />resolution, it must send a certified copy of the resolution along with a certified copy of <br />' <br />the election results of the referendum to Kenneth R. Lay, the Secretary of the <br />Department of Revenue. The DoR's address is: <br />Department of Revenue <br />' <br />P.O. Box 25000 <br />Raleigh, NC 27640 <br />' <br />The Association has prepared a model resolution ( Word doe I PDF) for a successful <br />sales tax referenda. <br />' Question: If the voters pass the referendum for the land transfer tax, what happens <br />next? <br />Answer: If the Board of Commissioners wishes to levy the tax, it must provide 10 days <br />public notice of its intent to adopt a resolution to levy the tax. After it adopts the <br />resolution, it must send a certified copy of the resolution along with a certified copy of <br />' the election results of the referendum to the county Register of Deeds office. <br />Question: When is the earliest the land transfer tax will become effective if the county <br />board of commissioners levies the land transfer tax via resolution following a <br />' successful referendum? <br />Answer: The tax may become effective only on the first day of a calendar month set in <br />the resolution levying the tax, which may not be earlier than the first day of the second <br />succeeding calendar month after the resolution is adopted. For example, if a <br />' successful referendum is held during the November general election and the Board <br />adopts the resolution levying the tax within the month of November, after the required <br />10 days of public notice, the county could begin collecting the tax on January 1. <br />Question: Can a county spend public money educating citizens on issues related to <br />' the local option revenue sources and the referendum process? <br />Answer: Yes. Similar to an election for a general obligation bond, a county may spend <br />money to educate the public on issues related to either of the new local option <br />revenue sources. However, a county may not spend money advocating for or against <br />I the sales tax or land transfer tax referendum <br />I http://wvrw.ncacc.org/revenueauthority-q&a.ht'ml G -4 <br />Attachment number 3 <br />Padd011 <br />Question: Are there restrictions on the use of either of the new local option tax <br />' <br />revenues? <br />Answer: No. Land transfer tax revenues are expressly authorized to be used for any <br />lawful purpose. The sales tax is not restricted or earmarked. <br />' <br />Question: If the referendum fails, can a county hold a subsequent referendum on the <br />same question, and if so, must a county wait a certain period of time prior to holding <br />another referendum? <br />Answer: There are no restrictions on resubmitting either option to the voters again <br />' <br />after an unsuccessful referendum, other than the 30 -day window mentioned above. <br />Question: Can a county spend public money educating citizens on issues related to <br />' the local option revenue sources and the referendum process? <br />Answer: Yes. Similar to an election for a general obligation bond, a county may spend <br />money to educate the public on issues related to either of the new local option <br />revenue sources. However, a county may not spend money advocating for or against <br />I the sales tax or land transfer tax referendum <br />I http://wvrw.ncacc.org/revenueauthority-q&a.ht'ml G -4 <br />Attachment number 3 <br />Padd011 <br />
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