Collector Time Line Redemption Tax Fees Delinquent Interest Rates Payments

Transcription

1 Collector Time Line Redemption Tax Fees Delinquent Interest Rates Payments 1

2 April 1 st The Tax Year Begins RSA 76:2. NH Property Tax year: April 1 st March 31 st 2

3 3 RSA 72:6 & 80:86. Tax Lien on Real Estate 72:6. All Real estate, whether improved or unimproved, shall be taxed except as otherwise provided. 80:86. Real estate of every kind levied upon under RSA 85 shall be subject to the real estate tax lien procedure, and the owner of such real estate shall have the right to redeem the real estate. Calendar: April 3, 2019

4 Taxes Subject to Lien Procedure Betterment/Special Assessments Current Use Change Taxes (LUCT) Excavation Taxes (excavated materials) Property Taxes Resident Taxes Sewer Rents Water Rents Yield Taxes Inconsistent Use Penalty (for Conservation Restriction 79-B) Release or expiration of Easement (for Discretionary Easements 79-C) Release or expiration of Easement (for Discretionary Preservation Easements 79-D) Termination of Covenant (for Community Revitalization 79-E) Use Change Tax (for Farm Structures 79-F) 4

5 RSA 80:63. Right to Tax Lien Except under the provisions of RSA 80:80, II-a, (transfer of tax lien) only a municipality or county where the property is located or the state may acquire a tax lien against land and buildings for unpaid taxes. 5

6 RSA 80:60. Notice of Lien Collector shall give notice of impending lien. At least 30 days prior to the execution of said lien. Certified or registered mail return receipt requested to last known post office address of the current owner, if known, or the person against whom the tax was assessed. Calendar: April 3, 2019 Calendar: August 31, 2019 last day for notice of lien 2018 taxes 6

7 RSA 80:60. Notice of Lien (Cont) Notice shall: Calendar: April 3, 2019 State the name of the current owner, if known, or the person against whom the tax was assessed. Description of the property as committed to the tax collector. Date & time on which the last payment shall be accepted. Amount of the tax, interest and costs to the date of execution. Return receipt shall be prima facie evidence that the collector has complied with the notice requirements of this section. Calendar: August 31, 2019 last day for notice of lien 2018 taxes 7

8 RSA 80:60. Notice of Lien Fees added prior to creating file for noticing. Calendar: April 3, 2019 RSA 80:81:I-a & I-b. 1 st parcel = $12 2 nd Parcel = $2 RSA 80:60 & 80:81,II. Certified fee = $6.70 RSA80:81,II. Incidental fees = $0.30 Total Fee 1 st parcel = $19 2 nd parcel = $2 NOTE: Fees Subject to adjustment if postage rates change. Calendar: August 31, 2019 last day for notice of lien 2018 taxes 8

9 Bankruptcy Note (Doolan Case) The exact language can be found on the NHTCA web site home page! 9

10 RSA 80:69. Redemption Any person with a legal interest may redeem by paying or tendering to the collector: Before a deed is given. 10

11 RSA 80:69. Redemption (Cont) Amount of real estate lien, with 18% per annum upon the whole amount of the recorded lien.(2018 levy and prior) From the date of execution to the time of payment in full. 11

12 RSA 80:69. Redemption (Cont) Except in the case of partial payments in redemption. Interest computed on the unpaid balance, together with redemption costs and costs for identifying and notifying mortgagees. 12

13 RSA 80:71. Partial Payments in Redemption Any person with a legal interest in real estate upon which a real estate tax lien has been executed may make partial payments in redemption Tax Collector receives the partial payment and gives a receipt therefor. Pay over such sums to the town treasurer. 13

14 RSA 80:70. Notice of Redemption Calendar: April 15, 2019 and April 30, 2020 (repeat each month of the year) When full redemption is made: Tax Collector shall within 30 days notify the Register of Deeds. Name of the person redeeming. Date when redemption was made. Date of the execution of the tax lien. Brief description of the real estate in question. Name of the person or persons against whom the tax was levied. 14

15 RSA 76:15-a & aa. Billing of Taxes Calendar: April 19, 2019 Begin to Prepare 15

16 RSA 76:15-a. Semi-Annual Collection of Taxes A partial payment of the taxes assessed on April 1 in any tax year shall be computed by taking the prior year's assessed valuation times 1/2 of the previous year's tax rate. Committed by the selectmen with a warrant under their hands and seal directed to the collector of such town no later than May 15. Shall be due and payable on July 1. 16

17 RSA 76:15-a. Semi-Annual Collection of Taxes (Cont.) A payment of the remainder of the taxes assessed April 1, minus the payment due on July 1 of that year, shall be due and payable December 1. Municipality requesting an adjusted rate shall submit such request to the commissioner of the DRA by April 1 prior to the issuance of the semi-annual bill. 17

18 RSA 76:15-aa. Quarterly Billing of Taxes Tax payments shall be due July 1, October 1, January 2, and March 31 of each fiscal year to fund the optional fiscal year budget which is the basis upon which the tax rate shall be established by the Department of Revenue Administration. Computed by taking the previous year's assessed valuation times the previous year's tax rate, divided by 4 to compute the quarterly payment; due and payable on July 1 and October 1. 18

19 RSA 76:15-aa. Quarterly Billing of Taxes Payments of the remainder of the taxes, minus the 2 quarterly payments due on July 1 and October 1 of that year, shall be due and payable in 2 equal billings on January 2 and March 31. Final remaining quarterly payments, the assessor shall commit warrants to the collector. The collector shall mail all the bills for tax payments no later than 30 days before their due dates. 19

20 DRA MS-61 Report Calendar: April 30, 2019 & every month end! To be discussed Thursday! 20

21 RSA 41:35 & 41:29. Collector Duties Calendar: Weekly or Daily receipts exceed $1,500 A tax collector shall remit all money collected to the town treasurer, or to the town treasurer's designee as provided by RSA 41:29, VI, at least on a weekly basis, or daily whenever tax receipts total $1,500 or more. To be discussed further on Thursday! 21

22 Tax Collector s Spring Workshops Tentative Dates for 2019, watch the web site for details: Saturday, March 23, 2019 Marlborough Wednesday, April 3, 2019 Concord Wednesday, April 17, 2019 Hampton Wednesday, April 24, Littleton 22

23 Low & Moderate Tax Relief New Hampshire DRA program: DP-8 Form Must be post marked no earlier than May 1, 2019 and no later than June 30, Calendar: May 1,

24 Calendar: May 3 & 6, 2019 Execute 2018 Levy Tax Lien RSA 80:61. Affidavit of Execution of Real Estate Tax Lien An affidavit of the execution of the tax lien to the municipality, county or state shall be delivered to the municipality by the tax collector on the day following the last date for payment of taxes as stated in the notice given in RSA 80:60. The collector shall execute to the municipality, county or state only a 100% common and undivided interest in the property and no portion thereof shall be executed in severalty by metes and bounds; provided, however, that where distinct interests in the property have been separately assessed, the tax lien shall be for 100% of the separate distinct interest upon which the taxes have not been paid. 24

25 Calendar: May 3 & 6, 2019 Execute 2018 Levy Tax Lien- Fees RSA 80:81,I-c,d,e & II. RSA 80:82,Ia & I-b. Collectors Fee for executing 1 st parcel = $10 Collectors Fee per parcel 1 st parcel = $2 2 nd parcel = $2 Collectors Fee recording at Reg of Deeds 1 st parcel = $2 2 nd parcel = $2 Registry of Deeds Fee 1 st parcel = $2 2 nd parcel = $2 Registry of Deeds Redemption fee 1 st parcel = $2 2 nd parcel = $2 Incidental Expenses 1 st parcel = $0.50 Total Fee 1 st parcel = $ nd parcel = $8.00 To be added to parcel at time of execution of lien. 25

26 Calendar: May 3 & 6, 2019 Execute 2018 Levy Tax Lien- Fees RSA 80:67. Mortgage Search Fee Must notify all mortgagees, the lienholder (municipality) must first search the Registry of Deeds records to determine if mortgages exist on all property listed on the execution of tax lien document. Said expenses for the search shall be totaled and divided pro rata among the delinquent accounts. Estimated expense! Fee for search = $10.00 You are to charge whatever you pay for search / parcel. To be added to parcel after execution of lien. 26

27 Interest on Liened Taxes (2018 Levy and Prior) Property Tax after lien execution 18%. Current Use Change Tax 18% 30 days after mailing. Excavation Tax 18% 30 days after mailing. Yield Tax 18% 30 days after mailing. Tax Liens 18% from date of lien. New interest rates to be discussed further on Thursday! 27

28 Interest on Liened Taxes (2019 Levy and After) Property Tax after lien execution 14%. Current Use Change Tax 18% 30 days after mailing. Excavation Tax 18% 30 days after mailing. Yield Tax 18% 30 days after mailing. Tax Liens 18% from date of lien. New interest rates to be discussed further on Thursday! 28

29 RSA 80:64. Report of Tax Lien Calendar: June 3, 2019 Within 30 days after executing the tax lien. Deliver or forward to the Register of Deeds a statement of the following facts: Name of person taxed. Description of the property as appeared on the tax list committed. Total amount of each tax lien, including taxes, interest, fees and costs incident to the tax lien process. Date and place of execution. Certified under oath by the tax collector. Calendar: September 30, 2019 last day to execute lien for 2018 levy. 29

30 RSA 80:65. Notice by Lienholder to Mortgagee Calendar: May 6, 2019 The municipality, county or state as lienholder shall: Identify and notify all persons holding mortgages upon such property recorded in the office of the register of deeds. Within 45 days from the date of the execution of the lien. May, if they determine mortgages exist, direct the collector to give such notice. June 18, 2019 deadline to mail notice to mortgagees. 30

31 RSA 80:65. Notice by Lienholder to Mortgagee (Continue) Notice shall contain: Date of execution of the lien. Name of the delinquent taxpayer. Calendar: May 6, 2019 Total amount of the lien and the amount of costs for identifying and notifying mortgagees. Similar notice for subsequent payment. It is recommended that the tax collector get a directive each year from the governing body directing them to hire a research company to identify mortgagees. June 18, 2019 deadline to mail notice to mortgagees. 31

32 Bank Search Tools National Information center: e.aspx FDIC: NH Banking Division: Wikipedia: ers_in_the_united_states 32

33 RSA 80:65. Notice by Lienholder to Mortgagee - Fees Calendar: May 6, 2019 Fee for notifying mortgagee for each notice or each name on a listing. = $10 Certified mail fee = $6.70 Cost of printing = $0.30 Total Cost per mortgagee = $17.00 To be added to parcel after execution of lien fee times number of mortgagees June 18, 2019 deadline to mail notice to mortgagees. 33

34 34 RSA 80:66. How Notice Shall be Given Notice shall be in writing. Copy given to each mortgagee as recorded at the Registry of Deeds In hand, Left at his usual place of abode, or Sent by certified mail, return receipt requested, or registered mail to his last known post-office address.

35 35 RSA 76:15-a. Warrant for Semi-Annual or Quarterly Tax Bills Due Calendar: May 15, 2019 June 15, 2019 deadline to mail tax bills.

36 End of Optional Fiscal Year End Do final deposit for fiscal year. Calendar: June 30, 2019 Calendar: July 10, 2019 last day for FY deposits 36

37 DRA MS-61 Report Calendar: June 30, Optional Fiscal Year End due September 1, Calendar Year End due March 1, 2020 & December 31, 2019 To be discussed Thursday! 37

38 38 RSA 76:15-a. Warrant for Semi-Annual or Quarterly Tax Bills Due Calendar: July 1, 2019

39 Interest on Delinquent Taxes (2019 Levy and After) 1 st half property tax 8% after July 1 st or 30 days after mailing. 2 nd half property tax 8% after December 1 st or 30 days after mailing. Current Use Change Tax 18% 30 days after mailing. Excavation Tax 18% 30 days after mailing. Yield Tax 18% 30 days after mailing. Tax Liens 14% from date of lien. New interest rates to be discussed further on Thursday! 39

40 NHTCA & NHCTCA Joint Certification First or Second Week in August. Watch the web site for details 40

41 New Hampshire Tax Collectors Educational Conference October 16, 2019 through October 18,

42 RSA 76:15-a & aa. Semi-Annual & Quarterly Collection of Taxes Calendar: October 15, 2019 Begin to Prepare Final billing. Make note of final tax bill mailing date for BTLA 42

43 Actual Tax Billing Due Date Calendar: December 1, 2019 Not less than 30 days from the date mailed. 43

44 RSA 76:11-b. Notice of Arrearage. Calendar: January 6, 2020 The Tax Collector shall provide to the owner as of April 1 or current owner, if known, a summary of all uncollected and unredeemed taxes on the property. This summary may be included on or with the tax bill, or may be sent by separate mailing within 90 days of the due date of the final tax bill. Bankruptcy (Doolan) notice must be included on this notice or as an insert with the notice. Calendar: February 3, 2020 last day to mail notice 44

45 The start of a new tax year!!!!! 45

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