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October 25, 2012

RE: Sample Resolution in Support of A-3393, Clarifies Verizon’s Responsibility to Remit Business Personal Property Taxes

Dear Mayor:

As indicated in our October 14 letter (http://www.njslom.org/letters/2012-1017-A-3393.html), legislation has been introduced to provide clear guidance to the Courts regarding the responsibility of certain telecommunications corporations to continue to remit Business Personal Property Tax Payments to municipalities.

Based on a recent Tax Court opinion, over 100 municipalities know they enter 2013 without Business Personal Property Tax (BPPT) revenues that will cost property taxpayers well in excess of $8 million. Unless matters change, more municipalities will lose more millions in the future.

In response to that action, Assemblyman Ralph Caputo has introduced A-3393, which will provide better direction to the courts regarding the legislature’s intent to protect residential property taxpayers, when laws regarding State taxation of telecommunications providers were reformed in 1997. We anticipate the introduction of companion legislation by Senator Bob Smith, as soon as the Senate next convenes.

We are enclosing a SAMPLE RESOLUTION IN SUPPORT OF A-3393, LEGISLATION TO PROTECT RESIDENTIAL PROPERTY TAXPAYERS FROM THE LOSS OF TELECOMMUNICATIONS TAX SUPPORT.
PDF - http://www.njslom.org/resolutions/Verizon-BPPT-Bill-Sample-Resolution.pdf
WORD - http://www.njslom.org/resolutions/Verizon-BPPT-Bill-Sample-Resolution.doc

Please consider adapting and adopting this resolution. Also, and especially if your taxpayers already stand to lose BPPT revenues, please urge your State Legislators to join as cosponsors of A-3393 and its companion.

Also, and as discussed in our October 2 letter (http://www.njslom.org/letters/2012-1002-verizon-v-hopewell.html) as the other component of our two-pronged strategy to protect residential property taxpayers on this matter, Hopewell Borough has asked the State Supreme Court to provide guidance to the trial courts regarding a telecommunications corporation’s ongoing responsibility to remit BPPT payments to municipalities. The Brief in support of that appeal can be accessed at http://www.njslom.org/documents/Verizon-Brief-and-Suppl-Appx102412.pdf

If you have any questions, contact Jon Moran at 609-695-3481, ext. 121 or jmoran@njslom.com

Very truly yours,

Brian Wahler
Mayor Piscataway
Member, NJLM Executive Board
Chair, NJLM Telecommunications
Study Committee
William G. Dressel, Jr.
Executive Director

 

 

 

 

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