R-2006-05 refund of ad valorem taxes for 2002, 2003, AND 2004, erroneously paid by BPM PARTNERS, LTD. on two pieces of property

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PROPERTY TAX CODE Title 1 'radice Aids Series S 700, Conditional Pay- raclice Aids )eries S 701, Escrow Accounts. ited 'actice Aids Series S 700, Conditional Pay- ,ries S 264, Miscellaneous Public !lie~ S 702, Receipts. dice Aids 'ies'S 264, Miscellaneous Public Series S 571, Swnmary Tax \s Valid Link In Chain Of Title. eries S 251, Residence Home- 'ies 9 703, Certiiicates. eries CH. 7 E, B. Sales Trans- ,nes S 3.32, Statutory Regula- Jry Contracts For Conveyance- 'hat Seller Disclose Ta.., Pay- Irance Co\'erage. I i PROPERTY 'fAX CODE Title 1 S 31,11 Notes of Decisions Failure to obtain 11 by lien for additional ad valorem ta..xes, where ta..'\llayers failed to inquire i..fJto status of claimed exemptions or 'to obtain a tax certificate; ta-,payers were required to take necessary steps to protect themselves from any back-ta.ws owed on property due to a previous owner's failure to meet its statu- tory obligations. Dallas Cenl Appraisal Disl v. Wang (App. 5 Dist. 2002) 82 S.w.3d 697. ,Taxation eo> 210; Taxation eo> 507 11. Failure to obtain Ta.xpayers, who purchased property, assumed risk property could be back-appraised to remove . erroneously claimed residence homestead and oyer 65 e..wmptions and property would be encumbered ~ 31.081. Property Tax Withholding on Purchase of Business or Inventory Research References Encyclopedias TX Jur. 3d Taxation S 500, Receipts And Certif- icates; Proof Of Payment. TX Jur. 3d Ta.xation VI H REF, Divisional References. ~ 31.10. Reports and Remittances of Otl)er Ta.xes Research References' Encyclopedias; TX Jur. 3d Taxation 9 293, Accounting. TX Jur. 3d Ta.xation VI B REF, Dhisional References. ;', Treatises and Practice Aids 35 'Tex. Prac. Series S 13.16, Deposits And Re- ports. as Tex. Prac. Series S 14.13, Ta.x Collector De- posits. \ 22 Tex. Prac. Series 9 9.11, Collectio~. 21 Tex. Prac. Series S 704, Collectoi's"'Repo:i.s Anq Remittances. ' " 9 31.11. Refunds of Overpayments or Erroneous Payments (a) If a taxpayer applies to the tax collector of a taxing unit for a refund of an overpayment or erroneous payment of taxes and the auditor for the unit determines that the payment was erroneous or excessive, the tax collector shall refund the amount of the excessive or erroneous payment from available current tax collections or from funds appropriated by the unit for making refunds: However, the collector may not make the refund unless:' ' (1) in the case of a collector who collects taxes for one taxing unit, the govermng body of the taxing unit also determines that the payment was erroneous or excessive and approves the refund if the amount of the refund exceeds: ' (A) $2,500 for a refund to be paid by a county \\,jth a population 00.5 million or more; or (B) $500 for a refund to be paid by any other taxing unit; or (2) in the case of a collector who collects taxes for more than one taxing unit, the governing body of the taxing unit that employs the collector also determines that the payment was erroneous or excessive and approves the refund if the amount of the refund exceeds $2,500. (b) A taxing unit that determines a taxpayer is delinquent in ad valorem tax payments on property other than the property for which liability for a refund arises may apply the amount of an overpayment or erroneous payment to the payment of the delinquent taxes if the taxpayer was the sole owner of the property: (1) for which the refund is sought on January 1 of the tax year in which those taxes were assessed; and (2) on which the taxes are del.i.rlquent en January 1 of the tax year for which those taxes were assessed. 7