GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION LAW 2001-279
AN ACT TO PROVIDE FOR ELECTRONIC LISTING OF BUSINESS PERSONAL PROPERTY FOR AD VALOREM TAXES AND TO ALLOW COUNTIES TO EXTEND THE LISTING PERIOD FOR ELECTRONIC LISTING.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 105-304 reads as rewritten:
"§ 105-304. Place for listing tangible personal property.
(a) Listing Instructions.
- This section shall apply applies to all taxable tangible
personal property that has a tax situs in this State and that is not required
by this Subchapter to be appraised originally by the Department of Revenue. The
place in this State at which such this property is taxable shall
be is determined according to the rules prescribed in subsections
(c) through (h), below. provided in this section. The person whose
duty it is to list property shall must list it in the county in
which the place of taxation is located, indicating on the abstract the
information required by G.S. 105-309(d). If the place of taxation lies within a
city or town that requires separate listing under G.S. 105-326(a), the person
whose duty it is to list shall must also list the property for
taxation in the city or town.
(a1) Electronic Listing. - The board of county commissioners may, by resolution, provide for electronic listing of business personal property in accordance with procedures prescribed by the board. If the board of county commissioners allows electronic listing of business personal property, the assessor must publish this information, including the timetable and procedures for electronic listing, in the notice required by G.S. 105-296(c).
(b) Definitions. - For
purposes of The following definitions apply in this section:
(1) "Situated"
means more Situated. - More or less permanently located.
(2) "Business
premises" Business premises. - The term includes, for purposes
of illustration, but is not limited to the following: Store, mill,
dockyard, piling ground, shop, office, mine, farm, factory, warehouse, rental
real estate, place for the sale of property (including the premises of a
consignee), and place for storage (including a public warehouse).
(3) Electronic. - Defined in G.S. 66-312.
(c) General Rule. -
Except as otherwise provided in subsections (d) through (h), below, (h)
of this section, tangible personal property shall be is
taxable at the residence of the owner. For purposes of this section:
(1) The residence of an
individual person who has two or more places in this State at which he the
individual occasionally dwells shall be is the place at which
he the individual dwelt for the longest period of time during the
calendar year immediately preceding the date as of which property is to be
listed for taxation.
(2) The residence of a
domestic or foreign taxpayer other than an individual person shall be is
the place at which its principal North Carolina place of business is located.
(d) Property of Taxpayers With No Fixed Residence in This State. -
(1) Tangible personal
property owned by an individual nonresident of this State shall be is
taxable at the place in this State at which the property is situated.
(2) Tangible personal
property owned by a domestic or foreign taxpayer (other than an individual
person) that has no principal office in this State shall be is
taxable at the place in this State at which the property is situated.
(e) Farm Products. - Farm
products produced in this State, if owned by their producer, shall be are
taxable at the place in this State at which they were produced.
(f) Property
Situated or Commonly Used at Premises Other Than Owner's Residence. - Subject
to the provisions of subsection (e), above: (e) of this section:
(1) Tangible personal
property situated at or commonly used in connection with a temporary or
seasonal dwelling owned or leased by the owner of the personal property shall
be is taxable at the place at which the temporary or seasonal
dwelling is situated.
(2) Tangible personal
property situated at or commonly used in connection with a business premises
hired, occupied, or used by the owner of the personal property (or by the
owner's agent or employee) shall be is taxable at the place at
which the business premises is situated. Tangible personal property that may be
used by the public generally or that is used to sell or vend merchandise to the
public shall be regarded as falling falls within the provisions
of this subdivision (f)(2). subdivision.
(3) Tangible personal
property situated at or commonly used in connection with a premise owned,
hired, occupied, or used by a person who is in possession of the personal
property under a business agreement with the property's owner shall be is
taxable at the place at which the possessor's premise is situated. For purposes
of this subdivision (f)(3), subdivision, the term "business
agreement" means a commercial lease, a bailment for hire, a
consignment, or a similar business arrangement.
(4) In applying the
provisions of subdivisions (f)(1), (f)(2), and (f)(3), above, (1),
(2), and (3) of this subsection, the temporary absence of tangible personal
property from the place at which it is taxable under one of those subdivisions
on the day as of which property is to be listed shall does not
affect the application of the rules established in those subdivisions. The
presence of tangible personal property at a location specified in subdivision (f)(1),
(f)(2), or (f)(3) (1), (2), or (3) of this subsection on the day as
of which property is to be listed shall be is prima facie
evidence that it is situated at or commonly used in connection with that
location.
(g) Decedents. - The
tangible personal property of a decedent whose estate is in the process of
administration or has not been distributed shall be is taxable at
the place at which it would be taxable if the decedent were still alive and
still residing at the place at which he the decedent resided at
the time of his death.
(h) Beneficial
Ownership. - Tangible personal property within the jurisdiction of the
State held by a resident or nonresident trustee, guardian, or other fiduciary
having legal title to the property shall be is taxable in
accordance with the following rules:
(1) If any beneficiary is
a resident of the State, an amount representing his that
beneficiary's portion of the property shall be is taxable at
the place at which it would be taxable if he were the owner of his the
beneficiary owned that portion.
(2) If any beneficiary is
a nonresident of the State, an amount representing his that
beneficiary's portion of the property shall be is taxable at
the place at which it would be taxable if the fiduciary were the beneficial
owner of the property."
SECTION 2. G.S. 105-307 reads as rewritten:
"§ 105-307. Length of listing period; extension; preliminary work.
(a) Listing
Period. - The Unless extended as provided in this section, the
period during which property is to be listed for taxation each year shall
begin begins on the first business day of the month of January
and, unless extended as herein provided shall continue through the month of
January. January and ends on January 31.
(b) General
Extensions. - The board of county commissioners may, in any
nonrevaluation year, by resolution, extend the time during which
property is to be listed for taxation as provided in this subsection. for
a period not to exceed 30 additional days; in years of octennial appraisal of
real property, the board may extend the time for listing for a period not to
exceed 60 additional days. Any action by the board of county commissioners
extending the listing period shall must be recorded in the
minutes of the board, and notice thereof shall of the extensions must
be published as required by G.S. 105-296(c). The entire period for listing,
including any extension of time granted, shall be is considered
the regular listing period for the particular year within the meaning of this
Subchapter.
(1) In nonrevaluation years, the listing period may be extended for up to 30 additional days.
(2) In years of octennial appraisal of real property, the listing period may be extended for up to 60 additional days.
(3) If the county has provided for electronic listing of business personal property under G.S. 105-304, the period for electronic listing may be extended up to June 1.
(c) Individual
Extensions. - The board of county commissioners shall grant individual
extensions of time for the listing of real and personal property upon written
request and for good cause shown. The request must be filed with the assessor
no later than the ending date of the regular listing period. The board may
delegate the authority to grant extensions to the assessor. Extensions granted
under this paragraph subsection shall not extend beyond April 15.
If the county has provided for electronic listing of business personal property
under G.S. 105-304, the period for electronic listing is as provided in
subsection (b) of this section.
(d) Preliminary
Work. - The assessor may conduct preparatory work before the listing period
begins, but he may not make a final appraisal of property before the day
as of which the value of the property is to be determined under G.S. 105-285."
SECTION 3. G.S. 105-311(b) reads as rewritten:
"(b) Any abstract submitted by mail may be accepted or
rejected by the assessor in his the assessor's discretion. However, the
board of county commissioners, with the approval of the Department of Revenue,
may by resolution provide for the general acceptance of completed abstracts
submitted by mail. mail or submitted electronically. In no event
shall an abstract submitted by mail be accepted unless the affirmation thereon
on the abstract is signed by the individual prescribed in subsection (a),
above. (a) of this section. An electronic listing may be signed
electronically in accordance with the Electronic Commerce Act, Article 11A of
Chapter 66 of the General Statutes.
For the purpose of this Subchapter, abstracts submitted
by mail shall be deemed to be are considered filed as of the date
shown on the postmark affixed by the United States Postal Service. If no date
is shown on the postmark, or if the postmark is not affixed by the United
States Postal Service, the abstracts shall be deemed to be abstract
is considered filed when received in the office of the assessor. Abstracts
submitted by electronic listing are considered filed when received in the
office of the assessor. In any dispute arising under this Subchapter, the
burden of proof shall be is on the taxpayer to show that the
abstract was timely filed."
SECTION 4. This act is effective when it becomes law.
In the General Assembly read three times and ratified this the 4th day of July, 2001.
s/ Beverly E. Perdue
President of the Senate
s/ James B. Black
Speaker of the House of Representatives
s/ Michael F. Easley
Governor
Approved 2:32 a.m. this 13th day of July, 2001