AMERICAN LEGION POST SUING TO KEEP TAX-EXEMPT
STATUS -- Particular parcels of land were not
being used for
a charitable purpose. So, even though the
organization might
be exempt from property taxes, some of its
properties are not.
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http://nwanews.
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Story below:
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American Legion post suing to keep tax-exempt
status
By Tracy M. Neal
Staff Writer // tracyn@nwanews.com
BENTONVILLE — American Legion Post 100 is seeking to keep its tax-exempt
status.
The Rogers legion filed suit Wednesday in Benton County Court seeking to
remain exempt from property taxes. A Rogers attorney filed the suit on
behalf of the American Legion post against Benton County Assessor Bill
Moutray and Benton County Tax Collector Greg Hoggatt.
The post was exempt from paying property taxes, but the Benton County
Assessor has assessed the legion’s taxes for $ 1, 749. 45. The suit claims
Post 100 had been excluded from paying property taxes during its 90-year
existence but learned they were assessed property taxes for 2006,
according to the suit.
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Last month, several veterans organizations
protested the loss of their tax-exempt status.
According to Article 16, Section 5 B of the Arkansas Constitution, only
the following types of property are exempt from taxation:
• Churches;
• Cemeteries;
• School buildings;
• Libraries and trustees; and
• Buildings, grounds and materials used exclusively for public charity.
The post states in the suit that it is a nonprofit corporation that uses
its property — building and grounds — exclusively for public charity.
The issue began in April 2005 when the Benton County Tax Assessor’s Office
sent out approximately 2, 640 questionnaires to evaluate how each
organization uses its property. Twenty-three nonprofit organizations
subsequently lost their property-tax-exemption status.
Valerie Brewer, office manager in the Tax Assessor’s Office, oversaw the
project. She also determined that, in 20 cases, particular parcels of land
were not being used for a charitable purpose. So, even though the
organization might be exempt from property taxes, some of its properties —
depending on the use of the property — are not.
Special Judge Wes Doss recently ruled that the Bentonville Masonic Temple
Association is exempt from property taxes because it used its property
exclusively for public charity.
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