The 501(c)(3) non-profit organization I developed and operate as Director since 2003 has had good standing with Federal goverment since development. In 2006 we had new land asset in a new county which for 3 years did not recognize us as property tax exempt. After 3 years of re-applying and using 3 different law firms, of which we were awarded property tax exemption when we used a local attorney in this county. In 2010, 11, 12 & 13 we were happily, property tax exempt.
The organization and I were sued by a local farmer who hired the county attorney as counsel in his case. This law firm did not do an asset serach before making suit and learned in the case, there were no assests which could be attached upon, the buisiness is encumbered. Then we received a letter from county tax office asking for re-assessment of our tax exempt status, with particular questions related to the years this farmer had in the civil case - only these years. I stated to the county that we were not "due" for re-assessment; as this was "Ruled" every 4 years; and also that this was clearly related to the county attorney's civil case; and that the county attorney could not be "objective" in advising the county on this issue (which he had known about because we had presented many times in previous years at the Board of Commissioners) - he cant be objective while sueing this organization. This was not ever - ever - given any reply by anyone within the county.
As well, I have written State Representatives for assistance who have agreed with me this seems "corrput and or unethical" but no one has given me - HOW to manage "this part" of our issue.
Further - we have recently visited the newly voted into office - County Commissioner Board Chair, who is also a practicing bankruptcy attorney. We have offerd to him to come to center and make some effort to pay these back taxes to get this off each other's plate; and told him we do not have $20,000 to pay the back taxes of which we were once tax exempt. We asked him and have asked at every stage of this game - WHAT do we need to do to become compliant and make this get to some completion. The county people at every step, no one has answered this and they advise us to "get an attorney". I hate to share this - but, and - we have had 7 attorneys work on this, to no avail. I think if THIS were the direction, it would have been done by now. We also asked this Commissioner to whom should we address this and he said = write proposal to County Manager, Tax Collector & Assessor. He advised us to go to our local Aggricultural Extension office and find out if we had a farm use tax number. We did, and we do ! He advised if we had a farm use tax number, we could get these taxes greatly reduced at this rate. We did has he suggested and got a package back, NOT allowing our non-profit to use its farm tax status reduced rate. We were given some legal statute we do not understand as to why. Our offer to pay yearly was rejected. We do not know what to do to cure this issue.
Going back a bit, the county has given us the "reason" for us being now not tax exempt - GS 105.278.7 - because we are not"wholly & exclusivelyt using the preoprty..." Because I live onthe property. I "live" here - yes ! I WORK this property 18 hours a day.
I sleep here. We provide programs for children who are broken, with special needs, learning disabilities, for veterans, and for families in crisis. We house these broken children and their families. We house retreat guests who come here for healing purposes. We rescue and rehab all 20 plus animals who live on this property. it is not a place to turn the lights off and close the office and go home. Children come in in crisis in the middle of the night. Animals need care sometimes all hours of the night = who are in stress from abuse or whatever horrible act humans have done to them. this property is a living creature! AND - I LIVED HERE IN 2010 when the county gave us our initial tax exempt status !
We belive, this is political and personal - county attorney, who I have publically called out and exposed; taking hard positioning with this organization. Another point, IF the county concedes and does being to come into compliance; may suggest by them some error or fault, thus liability.
PLEASE - what legal direction do we do ? Are they "wanting" us to sue them ? are they wanting to sell our farm property, non-profit business land at local county tax execution sale because they can ? and someone can get our property "cheap".
We are a small non-profit. We do not have money for legal services. We have been encumbered with legal processes for 3 years - heavy. This has been going on with the county for over 2 years. This 2015 is our 3rd. We NEED HELP ! please advise !
thank you, kindly for any guidance.
We have been advised recently to do a media blast and get some goverment advocacy action groups involved. Do you know of any ?
We ARE goiong back for a 2nd meeting with the new Board Chair of the County Commissioners to show him the response his staff sent us to his recommeded direction for us to take - to share with him, it is not at all showing any simblance of them wanting to negotiate, nor per his statement - it is government duty to assist in helping us become compliant and to help us learn WHAT to do to become compliant - for prroperty tax exemption.
Further, we are going to write publically an offer for the county to take ownership or a 5 acre parcel of our land to suffice the taxes. The land value here is $8000 per acre - which would well over pay our $20,000 tax debt - which we feel is not proper - but -HOW do you beat government ? They have broken so many laws of God and nature in this process to cover up their inequities !
Sorry to sound ranting - but this it so taxing for me/us and we need guidance. again, we have had 7 attorenys who have gotten us no where. But and - we have not had one to sue !
The organization and I were sued by a local farmer who hired the county attorney as counsel in his case. This law firm did not do an asset serach before making suit and learned in the case, there were no assests which could be attached upon, the buisiness is encumbered. Then we received a letter from county tax office asking for re-assessment of our tax exempt status, with particular questions related to the years this farmer had in the civil case - only these years. I stated to the county that we were not "due" for re-assessment; as this was "Ruled" every 4 years; and also that this was clearly related to the county attorney's civil case; and that the county attorney could not be "objective" in advising the county on this issue (which he had known about because we had presented many times in previous years at the Board of Commissioners) - he cant be objective while sueing this organization. This was not ever - ever - given any reply by anyone within the county.
As well, I have written State Representatives for assistance who have agreed with me this seems "corrput and or unethical" but no one has given me - HOW to manage "this part" of our issue.
Further - we have recently visited the newly voted into office - County Commissioner Board Chair, who is also a practicing bankruptcy attorney. We have offerd to him to come to center and make some effort to pay these back taxes to get this off each other's plate; and told him we do not have $20,000 to pay the back taxes of which we were once tax exempt. We asked him and have asked at every stage of this game - WHAT do we need to do to become compliant and make this get to some completion. The county people at every step, no one has answered this and they advise us to "get an attorney". I hate to share this - but, and - we have had 7 attorneys work on this, to no avail. I think if THIS were the direction, it would have been done by now. We also asked this Commissioner to whom should we address this and he said = write proposal to County Manager, Tax Collector & Assessor. He advised us to go to our local Aggricultural Extension office and find out if we had a farm use tax number. We did, and we do ! He advised if we had a farm use tax number, we could get these taxes greatly reduced at this rate. We did has he suggested and got a package back, NOT allowing our non-profit to use its farm tax status reduced rate. We were given some legal statute we do not understand as to why. Our offer to pay yearly was rejected. We do not know what to do to cure this issue.
Going back a bit, the county has given us the "reason" for us being now not tax exempt - GS 105.278.7 - because we are not"wholly & exclusivelyt using the preoprty..." Because I live onthe property. I "live" here - yes ! I WORK this property 18 hours a day.
I sleep here. We provide programs for children who are broken, with special needs, learning disabilities, for veterans, and for families in crisis. We house these broken children and their families. We house retreat guests who come here for healing purposes. We rescue and rehab all 20 plus animals who live on this property. it is not a place to turn the lights off and close the office and go home. Children come in in crisis in the middle of the night. Animals need care sometimes all hours of the night = who are in stress from abuse or whatever horrible act humans have done to them. this property is a living creature! AND - I LIVED HERE IN 2010 when the county gave us our initial tax exempt status !
We belive, this is political and personal - county attorney, who I have publically called out and exposed; taking hard positioning with this organization. Another point, IF the county concedes and does being to come into compliance; may suggest by them some error or fault, thus liability.
PLEASE - what legal direction do we do ? Are they "wanting" us to sue them ? are they wanting to sell our farm property, non-profit business land at local county tax execution sale because they can ? and someone can get our property "cheap".
We are a small non-profit. We do not have money for legal services. We have been encumbered with legal processes for 3 years - heavy. This has been going on with the county for over 2 years. This 2015 is our 3rd. We NEED HELP ! please advise !
thank you, kindly for any guidance.
We have been advised recently to do a media blast and get some goverment advocacy action groups involved. Do you know of any ?
We ARE goiong back for a 2nd meeting with the new Board Chair of the County Commissioners to show him the response his staff sent us to his recommeded direction for us to take - to share with him, it is not at all showing any simblance of them wanting to negotiate, nor per his statement - it is government duty to assist in helping us become compliant and to help us learn WHAT to do to become compliant - for prroperty tax exemption.
Further, we are going to write publically an offer for the county to take ownership or a 5 acre parcel of our land to suffice the taxes. The land value here is $8000 per acre - which would well over pay our $20,000 tax debt - which we feel is not proper - but -HOW do you beat government ? They have broken so many laws of God and nature in this process to cover up their inequities !
Sorry to sound ranting - but this it so taxing for me/us and we need guidance. again, we have had 7 attorenys who have gotten us no where. But and - we have not had one to sue !
Local Taxes: Property Tax Exemption for Non-Profit(Federal)-Taken Back by County
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