I keep scratching my head every time I hear the news on the state of our property taxes. But here we go again. Without getting into all the details here’s the short version.
The government got sued and lost and couldn’t issue tax bills to land/property owners. For years no one paid taxes (imagine that). Then the government basically said screw you courts (sorry for my non lawyerly approach here) and issued tax bills for 2006. I paid mine when it came out this year.
Stop the presses, they went back to court and the government has lost again. Your 2006 tax bills ARE NOT DUE NOW, again. This is so ridiculous it’s unimaginable.
Here’s the legal jargon with the ruling:
The Third Circuit Court of Appeals has affirmed the injunction against the Government of the Virgin Islands enforcing its real property tax bills as issued. Such has been in place since 2003.The Appeals Court’s displeasure with the VI government could be detected both through the awarding of costs to the plaintiffs, a relatively rare move and it’s pointed affirmation of the civil contempt citation by the District Court against the Government of the Virgin Islands.
The Government of the Virgin Islands sent out its tax bills in 2008 while the District Court was still in determination as to the status of the injunction, resulting in the original contempt decree. The Court continues to retain jurisdiction over the matter, which has ordered the reform of the operation of the Board of Tax Review. It had set two conditions to be satisfied before it would lift the injunction against the Government, those being compliance with a now repealed act of law.
The remaining condition, a functioning Board of Tax review that consistently holds hearings and reaches determinations on appeals, while functioning to some degree, still ‘remained in disarray” according to the Court. To date, the Board of Tax Review has met eight times since the Court first set the conditions for removing the injunction in 2003
(5 times in 2006, once in 2007, once in 2008, and once in 2009).
There are still 374 appeals pending before the board. What the Court found particularly disturbing is that neither of the witnesses called by the Government of the Virgin Islands knew whether or not the Tax Board was notifying taxpayers of their appeal dates. The Commissioner of Finance is on the record that no taxpayers appeared at the 2008 meeting.
The Court has found that the Tax Board’s compliance was “sporadic, short-lived, and of recent vintage” that there was “no evidence that the Board of Tax Review is maintaining reliable records,” and that even if such attempts were being made, that “good faith commitment is not enough.” Due process standards have yet to be met, but the Court had suggested regular monthly meetings as a good way to start.
What is wrong with our court system and government? Don’t they understand that these monies are needed to keep a budget? The fact that we are 3 years behind is ludicrous. Furthermore if homeowners haven’t saved the 3 years worth of taxes they are going to be in deep doo doo, because these bills are eventually going to come due.
So folks, no need to pay your taxes, again.
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Big Kahuna
Nicci
