Vehicles licensed in wrong state.
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A check for more than
$1.62 million will be cut by Sublette County to
Badger Daylighting for vehicles incorrectly licensed.
For the same reason, the State of Wyoming
will also pay more than $5.2 million.
Sublette County Commissioners approved
the refund at the Oct. 14 meeting but Badger
Daylighting isn’t off the hook. The company
will owe other states, in most cases, more
money. All five commissioners were in attendance
at the meeting including Chairman
David Burnett, Joel Bousman, Tom Noble,
Mack Rawhouser and Doug Vickrey.
County Treasurer Emily Paravicini said
Badger Daylighting had reported an error
and requested a refund. Uncomfortable with
granting the refund, she referred the decision
to the Wyoming Department of Revenue. That
initiated an audit that went back the maximum
allowed three years.
Following the audit, the Department of
Revenue ruled the company has paid sales
tax on all new vehicles and licensed them in
Sublette County. The audit determined Badger
Daylighting has one facility and only one to
three of the vehicles were located in Wyoming
or Sublette County.
company were paid in Sublette County.
“Most of the time they never crossed into
the state’s borders,” Paravicini said.
Many of the trucks are large hydrovac
trucks and the taxes on one truck at Sublette
County’s 4-percent sales tax rate could
be $5,000, Paravicini said. She said in some
months as many as 10 new trucks were purchased,
sales taxes were paid and licensed in
Sublette County.
That means a truck in Texas could have
Sublette County license plates.
The total paid over the past three years was
$6.084 million. The county receives 31 percent
and the state received the remainder.
The Department of Revenue ruled the
money must be returned, Paravicini said. The
company has already received three payments
of $285,039 because arrangements were
made to repay the money over five years.
Once the determination was made, the Department
of Revenue notified the other states
where the trucks should have been licensed.
Almost all have much higher sales taxes than
Sublette County’s 4 percent.
Once other states started charging Badger
Daylighting, the company requested a full
refund rather than the five-year repayment
plan. The State of Wyoming agreed and refunded
the state’s portion as well as the county’s
portion.
Paravicini said the state gave Sublette
County the option to reimburse the state
monthly over the next five years or all at
once.
County Clerk Carrie Long said the funds
would come from the reserve account set
aside for tax refunds. The balance in the account
is about $1.2 million.
Commissioners made a motion to refund
the money to the state in full immediately.
A budget amendment will be required by the
June 30, 2020, end of the fiscal year to add to
the reserve account.
“It bit them hard,” Paravicini said. “All of
these other states want their money and some
have taxes as high as 16 percent.”
Moving forward, staff at the county treasurer’s
office and county clerk’s office will
require a vehicle identification number check
verified by a Sublette County Sheriff’s Deputy
– especially for companies.
“It’s a mess,” Paravicini said.