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Home My WebLink AboutMINUTES - 05061997 - C125 C. its THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on May 6, 1997 by the following vote: AYES: Supervisors Rogers, Uilkema, Gerber, Canciamilla, and DeSaulnier NOES: None ABSENT: None ABSTAIN: None SUBJECT: Correspondence C.125 LETTER, dated April 24, 1997, from Jim Winningham, Senior Manager, KPMG Peat Marwick LLP, San Diego, advising that Bank of America has requested them to withdraw 1992/93 claims for refund of property tax relating to classification of ATMs as personal property. *****REFERRED TO TREASURER-TAX COLLECTOR, ASSESSOR, AND COUNTY COUNSEL IT IS BY THE BOARD ORDERED that the above recommendations as noted (*****) are APPROVED. I hereby cerdy that rola Is a true and corset 00p�at an action taken and entered on tiro ngautp o1 tAa Board of Supe I on theQats�A 4A ATTESTED PHIL BATC cbrk of the board of Supervi and AdM GW By G Wf ► c.c. Correspondents (1) Treasurer-Tax Collector Assessor County Counsel &,% Peat Marwick LLP 1897.1997 750 B Street Telephone 619 233 8000 Telefax 619 696 0121 San Diego, CA 92101 RECEIVED April 24, 1997 APR 2 8 'RECEIVED CLER ASSESSMENT APPEALS BOARD CONTRA COSTA CO. Clerk, Assessment Appeals Board County of Contra Costa 651 Pine Street, Room 106 r , 7 9 Martinez, CA 94553 CLERK BOARD OF SUPERVISORS CONTRA COSTA CO. Dear Clerk: RE: Withdrawal of 1992/93 Claims for Refund for ATMs, Bank of America Bank of America has requested that we withdraw all 1992/93 claims for refund of property tax relating to classification of ATMs as personal property. A copy of the original letter requesting refunds is attached. Bank of America is withdrawing these appeals as a matter of policy,to avoid creating hardships for counties across the state. If any reductions in 1992/93 assessments have already been made, please forego remittance of the resulting refunds wherever possible. If you have any questions, please do not hesitate to contact us. Very truly yours, KPMG Peat Marwick LLP Jim Winningham Senior Manager enclosure JW:mI atm/wdctmaab.doc NEW Member Firm of KPMG International KPMG' Peat Marwick LLP 1897.1997 750 B Street Telephone 619 233 8000 Telefax 619 696 0121 San Diego, CA 92101 E CC August 8, 1996 APR 2 8 19LL 97 Clerk, Board of Supervisors CLER ASSESSMMTApPEq�e 0 County of Contra Costa coNTRAZO r,4 Co. 651 Pine Street, Room 106 Martinez, CA 94553 RE: Bank of America, Amended Claim for Refund of Excess Taxes Paid Gentlemen: The undersigned, agent for Bank of America,the claimant herein, hereby makes this amended claim for refund of property taxes on behalf of the claimant pursuant to Revenue and Taxation Code §5097. We ask that the Board of Supervisors make its order directing the County Tax Collector to refund to claimant the sum of$10,800 in property taxes levied for fiscal year 1992-93. Additionally, we seek interest on the refund at the statutory rate. The inital claim did not include the ATMs assessed to Security Pacific Bank. The two banks merged in April 1992. Bank of America paid all the tax bills, and as successor in interest, is entitled to the refunds. In support of this refund claim,the Board is asked to take note of the following facts: 1. Claimant is, and at all times herein mentioned was, a California corporation doing business in Contra Costa County, California. 2. Claimant is the owner and user of ATM machines located in the above-mentioned County. For the fiscal year 1992-1993, claimant reported the actual cost of these ATM machines to the Assessor of said county, and the Assessor initially assessed these ATMs at their trended actual cost to claimant, less depreciation. 3. All property taxes levied on these ATM machines have been paid in fully by claimant. 4. The ATM machines have been misclassified by the Assessor as trade fixtures. The ATM machines should have been properly classified as business personal property. 5. Business personal property is not assessable to banks and financial institutions pursuant to Revenue and Taxation Code §23182. 6. The Assessor has illegally assessed personal property owned by claimant. 7. No refund of said taxes, or any part thereof,has been made previously. 8. I declare, under penalty of perjury,that the foregoing is true and correct; executed in San Diego, California by Jim Winningham, Agent, KPMG Peat Marwick LLP. Very truly yours, KPMG Peat Marwick LLP Jim Winningham Senior Manager JW:ma cli\bofa\atmref3.doc A'—NINA Member Flrm of KPMG International G] Peat MarwickLLP 750 B Street Telephone 619 233 8000 Telefax 619 696 0121 San Diego, CA 92101 RECEIVED � April 11, 1997 OR 17 SW '00 Gus Kramer, Assessor CLERK�,ssessnnWT APPEALS eon PQM��P�StiSs�n County of Contra Costa I Corea►COSTA co. 834 Court Street �o Martinez, CA 94553 Dear Gus: RE: WITHDRAWAL OF ASSESSMENT APPEALS AND REFUND CLAIMS Bank of America has requested that we withdraw all assessment appeals and/or claims for refund of property tax relating to classification of ATMs as personal property. Bank of America is withdrawing these appeals and claims for prior years as a matter of policy, to avoid creating hardships of counties across the state. If any reductions in prior- year assessments have already been made, wherever possible, please forego remittance of the resulting refunds. Bank of America remains of the belief that most ATMs are properly classified as personal property, in accord with the recent amendments to Property Tax Rule 122.5. We will begin immediately, working with the Clerks of the Assessment Appeals Boards, performing the tasks necessary to withdraw the filings and claims. If you have any questions, please do not hesitate to contact us. Sincerely, Jim Winningham Senior Manager cc: Bank of America Tax Department#10067-5P ;> ... , . . F]F][]F] Member Firm of Klynveld Peat Marwick Goerdeler AW Peat Marwick LLP 750 B Street Telephone 619 233 8000 Telefax 619 696 0121 San Diego, CA 92101 RECEIVED June 27, 1996 APR 2 8 1997 Clerk, Board of Supervisors CLERK ASSESSMENT APPEALS BOARD County of Contra Costa CONTRA.COSTA CO. 651 Pine Street, Room 106 Martinez, CA 94553 RE: Bank of America, Claim for Refund of Excess Taxes Paid Gentlemen: The undersigned, agent for Bank of America,the claimant herein,hereby makes this claim for refund of property taxes on behalf of the claimant pursuant to Revenue and Taxation Code §5097 and asks that the Board of Supervisors make its order directing the County Tax Collector to refund to claimant the sum of$7,600 in property taxes levied for fiscal year 1992-93. Additionally, we seek interest on the refund at the statutory rate. In support of this refund claim, the Board is asked to take note of the following facts: 1. Claimant is, and at all times herein mentioned was, a California corporation doing business in Contra Costa County, California. 2. Claimant is the owner and user of ATM machines located in the above-mentioned County. For the fiscal year 1992-1993, claimant reported the actual cost of these ATM machines to the Assessor of said county, and the Assessor initially assessed these ATMs at their trended actual cost to claimant, less depreciation. 3. All property taxes levied on these ATM machines have been paid in fully by claimant. 4. The ATM machines have been misclassified by the Assessor as trade fixtures. The ATM machines should have been properly classified as business personal property. 5. Business personal property is not assessable to banks and financial institutions pursuant to Revenue and Taxation Code §23182. 6. The Assessor has illegally assessed personal property owned by claimant. 7. No refund of said taxes, or any part thereof, has been made previously. Very truly yours, KPMG Peat Marwick LLP Jim Winningham Senior Manager JW:ma win\cli\bofa\atmrefdoc Member Firm of KPMG International