§ 105-228.37. Refund of overpayment of tax. - North Carolina Statutes

§ 105‑228.37.  Refund ofoverpayment of tax.

(a)        Refund Request. – Ataxpayer who pays more tax than is due under this Article may request a refundof the overpayment by filing a written request for a refund with the board ofcounty commissioners of the county where the tax was paid. The request must befiled within six months after the date the tax was paid and must explain whythe taxpayer believes a refund is due.

(b)        Hearing by County.– A board of county commissioners must conduct a hearing on a request forrefund in accordance with the procedures that apply to a hearing held by aboard of equalization and review on an appeal concerning the listing orappraisal of property. If the board decides that a refund is due, it mustrefund the county's portion of the overpayment, together with any applicableinterest, to the taxpayer. If the board finds that no refund is due, thewritten decision of the board must inform the taxpayer that the taxpayer mayappeal the decision to the Property Tax Commission.

(c)        Review byCommission. – The procedure in G.S. 105‑290 for the appeal to theProperty Tax Commission of a decision of a board of equalization and reviewconcerning the listing or appraisal of property applies to the appeal of adenial by a board of county commissioners of a request for a refund of tax paidunder this Article. If the Commission determines that a refund is due, theboard of county commissioners must refund the county's portion of theoverpayment, together with any applicable interest, to the taxpayer. A decisionof the Commission is binding on the Secretary and on a board of countycommissioners.

(d)        Judicial Review. – Adecision of the Property Tax Commission is subject to judicial review inaccordance with G.S. 7A‑29.

(e)        Recording CorrectDeed. – Before a tax is refunded, the taxpayer must record a new instrumentreflecting the correct amount of tax due. If no tax is due because aninstrument was recorded in the wrong county, then the taxpayer must record adocument stating that no tax was owed because the instrument being correctedwas recorded in the wrong county. The taxpayer must include in the document thenames of the grantors and grantees and the deed book and page number of theinstrument being corrected.

When a taxpayer records acorrected instrument, the taxpayer must inform the register of deeds that theinstrument being recorded is a correcting instrument. The taxpayer must givethe register of deeds a copy of the decision granting the refund that shows thecorrect amount of tax due. The correcting instrument must include the deed bookand page number of the instrument being corrected. The register of deeds mustnotify the county finance officer and the Secretary when the correctinginstrument has been recorded.

(f)         Interest. – Anoverpayment of tax bears interest at the rate established in G.S. 105‑241.21from the date that interest begins to accrue. Interest begins to accrue on anoverpayment 30 days after the request for a refund is filed by the taxpayerwith the board of county commissioners. (2000‑170, s. 2; 2007‑491, s. 24.)