GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2007
H 3
HOUSE BILL 1700
Committee Substitute Favorable 6/23/08
Committee Substitute #2 Favorable 6/26/08
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Short Title: Notice of Conversion of Manufact. Home Comm. |
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Referred to: |
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April 19, 2007
A BILL TO BE ENTITLED
AN ACT to require notice to the north carolina housing finance agency of a conversion of a manufactured home community and to provide a tax deduction for the sale of a manufactured home community to manufactured homeowners.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 42‑14.3 reads as rewritten:
"§ 42‑14.3. Notice of conversion of manufactured home communities.
(a) In the event that an owner of a manufactured home community (defined as a parcel of land, whether undivided or subdivided, that has been designed to accommodate at least five manufactured homes) intends to convert the manufactured home community, or any part thereof, to another use that will require movement of the manufactured homes, the owner of the manufactured home community shall give each owner of a manufactured home and the North Carolina Housing Finance Agency notice of the intended conversion at least 180 days before the owner of a manufactured home is required to vacate and move the manufactured home, regardless of the term of the tenancy. Failure to give notice as required by this section is a defense in an action for possession. The respective rights and obligations of the community owner and the owner of the manufactured home under their lease shall continue in effect during the notice period.
(b) Notwithstanding subsection (a) of this section, if a manufactured home community is being closed pursuant to a valid order of any unit of State or local government, the owner of the community shall be required to give notice of the closure of the community to each resident of the community and the North Carolina Housing Finance Agency within three business days of the date on which the order is issued."
SECTION 2. G.S. 105‑130.5(b) is amended by adding a new subdivision to read:
"(b) The following deductions from federal taxable income shall be made in determining State net income:
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(24) The taxable gain reported by a taxpayer from the qualified sale of a manufactured home community. A qualified sale is a transfer of land comprising a manufactured home community in a single purchase to a group composed of a majority of the manufactured home community leaseholders or to a nonprofit organization that represents such a group. To be eligible for this deduction, a taxpayer must give notice of the sale to the North Carolina Housing Finance Agency under G.S. 42‑14.3."
SECTION 3. G.S. 105‑134.6(b) is amended by adding a new subdivision to read:
"(b) Deductions. – The following deductions from taxable income shall be made in calculating North Carolina taxable income, to the extent each item is included in taxable income:
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(19) The taxable gain reported by a taxpayer from the qualified sale of a manufactured home community. A qualified sale is a transfer of land comprising a manufactured home community in a single purchase to a group composed of a majority of the manufactured home community leaseholders or to a nonprofit organization that represents such a group. To be eligible for this deduction, a taxpayer must give notice of the sale to the North Carolina Housing Finance Agency under G.S. 42‑14.3."
SECTION 4. Sections 2 and 3 of this act are effective for taxable years beginning on or after January 1, 2008, and expire for taxable years beginning on or after January 1, 2015. The remainder of this act is effective when it becomes law.