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These self-assessing and reporting characteristics makes <strong>the</strong>se types of tax levies most susceptible to<br />

<strong>the</strong> not uncommon practices of taxpayers ei<strong>the</strong>r under-reporting or not reporting <strong>the</strong>ir actual tax<br />

liabilities. Under-reporting or non-reporting of tax liabilities have two impactsC<strong>the</strong>y reduce yields<br />

and play havoc with <strong>the</strong> concepts of horizontal equity, since equals are not being treated equally.<br />

To address <strong>the</strong>se issues, jurisdiction should adopt tax verification programs and require collections of<br />

Act 511 taxes to enforce <strong>the</strong>m. These are activities requiring audits of taxpayers' records to<br />

substantiate <strong>the</strong>ir tax liabilities and tax payments.<br />

5. Interest and penalty charges on taxes and fees comply with law, or are adequate to<br />

encourage prompt payment.<br />

Commentary<br />

The legislative body should periodically review <strong>the</strong> state law concerning <strong>the</strong> interest and penalty<br />

which may be applied to delinquent tax and fee payments. Not only should local governments<br />

authorize <strong>the</strong> charge of <strong>the</strong> maximum allowable interest and penalty values on overdue accounts, it<br />

should institute policies against <strong>the</strong> waiver of such charges without <strong>the</strong> legislative body's formal<br />

authorization.<br />

6. The <strong>municipal</strong>ity periodically analyzes tax delinquencies and has a program in place<br />

which aggressively attempts to collect <strong>the</strong>se delinquent taxes.<br />

Commentary<br />

With an effective program, a <strong>municipal</strong>ity should be able to collect about 95-98 percent of its real<br />

property taxes and greatly improve <strong>the</strong> collection of non-property taxes. Delinquent tax accounts<br />

should be turned over to <strong>the</strong> delinquent tax collector on a timely basis. The <strong>municipal</strong>ity should<br />

expect <strong>the</strong> delinquent tax collector to vigorously pursue overdue accounts and use whatever means<br />

inclusive of property liens, and pay attachment and magisterial actions. Sheriff sales of chronically<br />

delinquent properties or for those which have reached a delinquency of a predetermined minimum<br />

value should be authorized by <strong>the</strong> legislative body.<br />

7. Where fees and service charges have been established, <strong>the</strong>y are adequate to recoup all<br />

direct and indirect costs of providing <strong>the</strong>se services, unless <strong>the</strong>re are specific policies<br />

calling for <strong>the</strong> jurisdiction to subsidize various services which are paid by fees from tax<br />

revenues.<br />

Commentary<br />

In those instances where <strong>the</strong>re are no policies requiring <strong>the</strong> subsidization of services which are feed,<br />

<strong>municipal</strong>ities should strive to set a fee schedule that encompasses all of <strong>the</strong> personnel, contractual<br />

and materials/supplies costs and indirect costs dealing with overhead, depreciation and return on<br />

investment charges related to <strong>the</strong> provision of <strong>the</strong> service.<br />

A-26

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