So it seems my requests to the MS Tax Commission Legal office have gone unanswered also. My lawyer and the Attorney General Office all tell me to “go after them!” Seems to me it isn’t my job to police them but it also seems it is no one else job either. Sent the details to a local TV station and will probably not hear from any one.
Seems it’s just going to continue and I have no other choice but to live with it.
…however it isn’t in the Hinds County Tax Collector’s office, although that could be debated. They are simply following the rules written by the Mississippi State Tax Commission. So, my issue is with the Mississippi State Tax Commission. I finally received a copy of the “policy” in regards to affidavits. It took a phone call to Mr. Camper since he was so unprofessional in ignoring my email.
He sent me a copy of an instructional memo in regards to affidavits which was written in November 1994. My two issues I brought up from the beginning are this:
- Why must I provide anything other than a signed affidavit stating the vehicle was not operated on the roads of Mississippi? The answer lies in the memo.
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DOCUMENTATION NEEDED
Form 64-023, AFFIDAVIT Vehicle Not Operated Upon The Highways Of Mississippi, is the standard form that should be used. This is the only documentation required by law, however, if there is some doubt of the facts in a particular situation, you may request any additional documentation you may need to satisfy the doubt, such as repair bills or storage bills.
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So providing a signed affidavit literally means nothing to them. It’s because they do not understand what an affidavit is. So the Tax Collectors Office has been given permission that allows them to require you to go above and beyond the law simply to settle any doubt they may have. So this issue is never going to be corrected.
- Why was I given a March decal when I applied in April? The answer also lies in the memo.
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HOW TO CALCULATE THE TAXES DUE
When an owner of a motor vehicle brings in an affidavit stating that the motor vehicle has not been operated on the roads, a 12 month tag is to be sold to him beginning with the 1st day of the month in which the owner comes into the office with the affidavit. That means the expiration month will be the previous month. The purchase date would need to be a date within the previous month. In this case, the purchase date is more accurately described as a registration date. The computer will need this date to be able to calculate the correct taxes and, if applicable, penalties.
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HUH?! The second sentence obviously contradicts the first sentence. I came into the office on April 25th so obviously I should have been given an April decal. It seems to me that the MS Tax Commission is making money and the tax payer is loosing money. Am I wrong? If so, someone please enlighten me as I had someone from the MS Tax Commission call me and try to sell me on some obscure memo indicating all this was forthright. I think I’ll show information to an attorney friend of mine who also happens to be in the House of Representatives. Maybe he can shed some light.
The next step. I went online to the MS State Tax Commission website and submitted an online form indicating my problem. Of course I have not heard back yet, but I plan to give them a little time before moving on.
I took a little longer than a week to respond but here is my forward to Mr. Fair.
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Mr. Fair,
As I detailed below to Mr. Camper, I am looking to obtain a copy of the Hinds County Tax Collectors policies in regards to exemptions and credits that are required of Mississippians and not listed in the MS Code. A Supervisor, of whom I did not get his name, told me there are policies that are to be followed in addition to the written code. As I have given Mr. Camper plenty of time to provide this information, he is either out of the office this long or is simply ignoring my request.
The detailed email below provides the situation I expereinced and I would like to avoid in the future. Simply providing the additional policies in writing will educate me for future transcations with your office. I also need confirmation in regards to the section of the email that indicates I was cheated out of 30 days. It states that “he shall pay such ad valorem tax for a period of twelve (12) months beginning with the first day of the month in which he applies for a current license tag.” I was given a March decal when I applied in April and the representative would not change it due to "the policy." Again your office is usurping the law and I will not let this go until I have been satisfied.
Thank you for your time and I look forward to your response.
Alex Jones
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I went to the tag office on April 25th to obtain a new tag for my car that had been sitting up for almost 12 months. Knowing what is needed for the transaction I showed up early at 8AM so I could be done and out in 15 minutes. The tag office in Jackson is very quick to serve you. Or they have been in the past.
I knew the tag had expired and was told by a friend that all I needed was to sign an affidavit attesting to the fact. The MS State Code tells me that same thing.
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http://www.mscode.com/free/statutes/27/051/0041.htm
(6) If the person owning a vehicle subject to taxation under the provisions of this chapter does not operate such vehicle on the highways of this state from the date of acquisition or, if previously registered, from the end of the anniversary month of the tag and decals to the date on which he makes application for a current license tag or decals, he shall pay such ad valorem tax for a period of twelve (12) months beginning with the first day of the month in which he applies for a current license tag or decals under Chapter 19, Title 27, Mississippi Code of 1972. The owner shall submit an affidavit with an application attesting to the fact that the vehicle was not operated on the highways of this state from the date of acquisition or, if previously registered, from the end of the anniversary month of the tag and decals to the date on which he makes application for the current license tag or decals.
(7) Any person found violating any of the provisions of this section shall be arrested and tried, and if found guilty shall be fined in an amount double the total amount of taxes involved.
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But to no avail. I had no luck getting it accomplished the right way. I had to spend the next three hours obtaining signed affidavits from others. Upon presenting the unnecessary paperwork I was cheated again when the representative placed a March decal on the new tag instead of an April decal. The rep also would not correct her mistake when I pointed it out to her causing me to loose 30 days of the 12 months I paid for.
So I decided to write a letter to at least obtain a copy of this “so-called” policy. I know it will be a long drawn out battle but it is necessary to make a point. Here is the letter I wrote to the Jackson operations manager. I think he is the person I spoke to that day but I’m not sure.
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----- Original Message -----
From: "Alex Jones"
To: "Larry Camper" lcamper@co.hinds.ms.us
Sent: Friday, April 25, 2008 12:37 PM
Subject: Hinds County Exemptions and Credits Policy
Mr. Camper,
I am looking to obtain a copy of the Hinds County Tax Collectors policies in regards to exemptions and credits that are required of Mississippians and not listed in the MS Code.
According to MS State Law SEC 27-51-41
(6) If the person owning a vehicle subject to taxation under the provisions of this chapter does not operate such vehicle on the highways of this state from the date of acquisition or, if previously registered, from the end of the anniversary month of the tag and decals to the date on which he makes application for a current license tag or decals, he shall pay such ad valorem tax for a period of twelve (12) months beginning with the first day of the month in which he applies for a current license tag or decals under Chapter 19, Title 27, Mississippi Code of 1972. The owner shall submit an affidavit with the application attesting to the fact that the vehicle was not operated on the highways of this state from the date of acquisition or, if previously registered, from the end of the anniversary month of the tag and decals to the date on which he makes application for the current license tag or decals.
I attempted to follow this law this very morning and was meet with malcontent at the Jackson office. My affidavit was not acceptable by the representative nor their supervisor. I was told it is policy that not only do I provide an affidavit but that my neighbors must also provide an affidavit as well. Something about the vehicle being less than 10 years of age. I asked to see a copy of this policy so I could follow it to the letter and the supervisor could not provide one.
I find it appalling that the Hinds County Tax Office usurps the law for financial gain. I have no problem paying my taxes and I do not understand why the law cannot be followed. Not only was my notarized affidavit not accepted, I had to sign an additional affidavit on-site. Upon providing the un-necessary documents I again was cheated at payment. The law states that "he shall pay such ad valorem tax for a period of twelve (12) months beginning with the first day of the month in which he applies for a current license tag." That was today April 25, 2008. I should have been provided an April decal. The representative placed a March decal instead April. When I brought this to the representatives attention she indicated it goes back 30 days from the date I apply and would not correct her mistake.
I cannot believe their is such gross incompetence in that office. If policies actually exist they should be posted on your website and made available to the public. I am demanding that I be provided the details I should follow to obtain a copy of this policy. I will be seeking reimbursement for my time this morning as well as a corrected decal for my tag. If you have any questions for me please feel free to contact me at (cell-number). Thank you for your time.
Alex Jones
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I’m going to give Mr. Camper 1 week to reply. Then I am going to send an email to Mr. Fair the Tax Collector. If no response then I’ll just keep going to others such as the Attorney General and or the News outlets. I hope to update soon.
