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"North Charleston hotelier’s tax bill ruling could have far-reaching impact"

The Post and Courier

May 13, 2015

On May 12, Charleston's The Post and Courier explored a taxation dispute that could have major ripple effects. David Wren wrote that Charleston County may have to "amend tax notices for potentially hundreds of people who made improvements to their properties in 2009."

In his reporting, Wrenn called on Nexsen Pruet's Burnie Maybank, a two-time Director of the State Department of Revenue. Maybank told him the decision is based on a misunderstanding of state tax law.

An excerpt of the report:

“The judge’s decision is very interesting and wrong in my opinion,” Maybank said.

In the Hampton Inn case, University Ventures started building the hotel in 2008 but it didn’t get its certificate of occupancy until April 22, 2009. That means 2010 would be the first year that property taxes would include the value of the new construction.

New construction values don’t revert during a reassessment year, despite the judge’s order, Maybank said.

“It should have come on the tax rolls in 2010 and been taxed at a value of some $9 million for 2010 and 2011,” he said, adding that “it looks like the judge is allowing it to escape taxation.”

Read the full report from The Post and Courier.

Burnie Maybank served as the Director of the South Carolina Department of Revenue under Governor's David Beasley and Mark Sanford.  His private law practice is focused on assisting clients with matters involving state and local taxation.