Boaters Blast
Dana Point Boaters Association Newsletter
 Banner Logo.gif
JULY 13, 2009
WHAT'S NEW?
POSSESSORY INTEREST TAX UPDATE
QUICK LINKS
LET'S  BLOG 
Sign Up Now! 
 
Forward to a Friend




Logo as of 5-3-9
POSSESSORY INTEREST TAX UPDATE
,

We'd like to update members on the current status of the possessory interest tax (PIT) appeals and current year assessment.  Rodger Beard and Kevin Hendra met with James Depasquale of Depasquale, Kelley and Co. (DKC) recently to review the years 2007-2009 and determine an appropriate course of action going forward.  As you know, the PIT is a property tax on the value of the possessory interest each boater has in the slip license agreement with the County of Orange.  This tax was first levied on individual boaters in 2003 when the County took over the Master Lease in East Basin (two years later in West), thereby removing the management company that had been paying the tax, and putting boaters in line to pay the tax directly.  Through DPBA and member efforts, the escape assessments for the first four years were abated, a savings to boaters of well over $800,000, leaving the 2007 year as the first in which boaters were liable for the tax.  What follows is a summary by year of the PIT.
 
2007
 
A couple of years ago the DPBA enlisted the aid of DKC, a property tax consulting firm, to challenge the PIT through the normal process of appeal with the County Assessor's office.  For those boaters who filed  timely appeals through DKC by 9/15/07 the result was a reduction in assessed value of 60%, and to date most, if not all of the refunds have been received by boaters who appealed.  DKC's fee for services amounted to 50% of the savings obtained through appeals, and their billings have recently been sent to members.  We urge all who appealed to take care of DKC billings promptly.
 
2008
 
Since the appeals findings for 2007 were not concluded until after the due date for the 2008 appeals filing (9/15/08), another round of DPBA member PIT appeals were filed for 2008.  Although one would expect that the Appeals Board decision with respect to 2007 would carry over and apply to 2008 and subsequent years, the Assessor's office has not done so.  Therefore the upcoming appeals hearing on July 21 will be another opportunity to argue the law and valuation issues before the Appeals Board.  It will also be an opportunity to reiterate the prospective nature of any settlement reached, i.e., that subsequent year valuations by the Assessor's office should be consistent with the decision of the Board so that appeals will not be required each year.  There can be no assurance that the 2008 appeal with yield the same result as 2007, or that it will be applicable to later years.
 
2009
 
The PIT assessments for 2009 have been sent out, and DKC has agreed to continue to represent any current DPBA member who chooses to file an appeal by the 9/15/09 due date.  Again, the timing of the decision on 2008 will likely come too late to impact the 2009 assessment, so the procedure will be to pay the 2009 assessment, file an appeal through DKC, and await the appeals hearing sometime next year.
 
The process for 2009 will be more direct than the past two years.  Current DPBA members interested in appealing should respond to the email link below stating their interest in appealing.  DPBA will respond with information so that members can file their appeal directly with DKC.   Note that the opportunity to appeal through DPBA/DKC is limited to members whose dues are current, so those with expired memberships will need to renew prior to filing their appeal with DKC.  Renewal notices were recently sent, and will be sent out again in August.  The email address to begin the appeal process is ([email protected]).  For New Membership Applications please (Click Here) to apply for your membership prior to submitting your PI Tax appeal request.
 
Kevin Hendra will act as liaison between the DPBA and DKC should questions arise during the current year process, or if you have any questions about earlier years.  He can be reached at [email protected].

Your Board of Directors

THE DANA POINT BOATERS ASSOCIATION
ACTING WITH INTEGRITY AND ETHICS ALWAYS

About The Dana Point Boaters Association

DPBA is an education and advocacy group for the recreational boaters of Dana Point Harbor. Membership is very inexpensive and open to families interested in the many different kinds of recreational boating in Southern California, from kayaking and fishing to sailboat racing and motor cruising. 

Questions should be directed by email to Rodger Beard, President (Click Here).  Or call us at (949) 485-5656 and leave a voice mail and we'll get back to you soon.

Dana Point Boaters Association
P.O. Box 461
Dana Point, Ca.  92629
Phone: 949-485-5656
Save $$$$
Remember to show and use your DPBA Membership Card for "Discounts" at these Participating Merchants.  Follow this link (Click Here) to see a list of our "Very Supportive Merchants".  Please tell them thank you for their support and check back frequently for updates.  Remember, you can pay for your membership in a very short time.
"A Special Thank You" to Jim Miller, Coffee Importers/Scoop Deck for his gracious support and Raffle Prize Donations for our DPBA Boat Show Drawing!
Coffee Importers/Scoop Deck: http://www.coffeeimporters.com/