§ 105-309. What the abstract shall contain. - North Carolina Statutes

§ 105‑309.  What theabstract shall contain.

(a)        Each person whoseduty it is to list property for taxation shall file each year with the assessora tax list or abstract showing, as of the date prescribed by G.S. 105‑285(b),the information required by this section. Subject to the provisions ofsubdivisions (a)(1) and (a)(2), below, each person whose duty it is to listproperty for taxation shall file a separate abstract.

(1)        Tenants by theentirety shall file a single abstract listing the real property so held,together with all personal property they own jointly.

(2)        Tenants in commonshall file a single abstract listing the real property so held, together withall personal property that they own jointly, unless, as provided in G.S. 105‑302(c)(9),the assessor allows them to list their undivided interests in the real propertyon separate abstracts.

(b)        Each abstract shallshow the taxpayer's name; residence address; and, if required by the assessor,business address.

(1)        An individualtrading under a firm name shall show his name and address and also the name andaddress of his business firm.

(2)        An unincorporatedassociation shall show both the name and address of the association and thenames and addresses of its principal officers.

(3)        A partnership shallshow both the name and address of the partnership and the names and addressesof its full partners.

(c)        Each tract, parcel,or lot of real property owned or controlled in the county shall be listed inaccordance with the following instructions:

(1)        Real property notdivided into lots shall be described by giving:

a.         The township inwhich located.

b.         The total number ofacres in the tract, or, if smaller than one acre, the dimensions of the parcel.

c.         The tract name (ifany), the names of at least two adjoining landowners, a reference to thetract's designation on any map maintained in the office of the assessor or onfile in the office of the register of deeds, or some other descriptionsufficient to identify and locate the property by parol testimony.

d.         If applicable, thenumber of acres of:

1.         Cleared land;

2.         Woods andtimberland;

3.         Land containingmineral or quarry deposits;

4.         Land susceptible ofdevelopment for waterpower;

5.         Wasteland.

e.         The portion of thetract or parcel located within the boundaries of any municipality.

(2)        Real propertydivided into lots shall be described by giving:

a.         The township inwhich located.

b.         The dimensions ofthe lot.

c.         The location of thelot, including its street number (if any).

d.         The lot'sdesignation on any map maintained in the office of the assessor or on file inthe office of the register of deeds, or some description sufficient to identifyand locate the property by parol testimony.

e.         The portion of thelot located within the boundaries of any municipality.

(3)        In conjunction withthe listing of any real property under subdivisions (c)(1) and (c)(2), above,there shall be given a short description of any buildings and otherimprovements thereon that belong to the owner of the land.

(4)        Buildings and otherimprovements having a value in excess of one hundred dollars ($100.00) thathave been acquired, begun, erected, damaged, or destroyed since the time of thelast appraisal of property shall be described.

(5)        If some person otherthan the owner of a tract, parcel, or lot shall own any buildings or otherimprovements thereon or separate rights (such as mineral, quarry, timber,waterpower, or other rights) therein, that fact shall be specified on theabstract on which the land is listed, together with the name and address of theowner of the buildings, other improvements, or rights.

a.         Buildings, otherimprovements, and separate rights owned by a taxpayer with respect to the landsof another shall be listed separately and identified so as to indicate the nameof the owner thereof and the tract, parcel, or lot on which the buildings orother improvements are situated or to which the separate rights appertain.

b.         In accordance withthe provisions of G.S. 105‑302(c)(11), buildings or other improvements orseparate rights owned by a taxpayer with respect to the lands of another may belisted either in the name of the owner of the buildings, other improvements, orrights, or in the name of the owner of the land.

(d)        Personal propertyshall be listed to indicate the township and municipality, if any, in which itis taxable and shall be itemized by the taxpayer in such detail as may beprescribed by an abstract form approved by the Department of Revenue. Personalproperty shall also be listed to indicate which property, if any, is subject toa tax credit under G.S. 105‑151.21.

(1)        If the assessorconsiders it necessary to obtain a complete listing of personal property, theassessor may require a taxpayer to submit additional information, inventories,or itemized lists of personal property.

(2)        At the request ofthe assessor, the taxpayer shall furnish any information the taxpayer has withrespect to the true value of the personal property the taxpayer is required tolist.

(e)        At the end of theabstract each person whose duty it is to list property for taxation shall signthe affirmation required by G.S. 105‑310.

(f)         (Effective fortaxes imposed for taxable years beginning before July 1, 2009)  The noticeset out below must appear on each abstract or on an information sheet distributedwith the abstract. The abstract or sheet must include the address and telephonenumber of the assessor below the notice:

"PROPERTY TAX HOMESTEAD EXCLUSION FOR ELDERLY OR PERMANENTLYDISABLED PERSONS.

North Carolina excludes fromproperty taxes a portion of the appraised value of a permanent residence ownedand occupied by North Carolina residents aged 65 or older or totally andpermanently disabled whose income does not exceed (assessor insert amount). Theamount of the appraised value of the residence that may be excluded fromtaxation is the greater of twenty thousand dollars ($20,000) or fifty percent(50%) of the appraised value of the residence. Income means the owner'sadjusted gross income as determined for federal income tax purposes, plus allmoneys received other than gifts or inheritances received from a spouse, linealancestor or lineal descendant.

If you received this exclusionin (assessor insert previous year), you do not need to apply again unless youhave changed your permanent residence. If you received the exclusion in(assessor insert previous year) and your income in (assessor insert previousyear) was above (assessor insert amount), you must notify the assessor. If youreceived the exclusion in (assessor insert previous year) because you weretotally and permanently disabled and you are no longer totally and permanentlydisabled, you must notify the assessor. If the person receiving the exclusionin (assessor insert previous year) has died, the person required by law to listthe property must notify the assessor. Failure to make any of the noticesrequired by this paragraph before June 1 will result in penalties and interest.

If you did not receive theexclusion in (assessor insert previous year) but are now eligible, you mayobtain a copy of an application from the assessor. It must be filed by June1."

(f)         (Effective fortaxes imposed for taxable years beginning on or after July 1, 2009)  Theassessor must print a homestead tax relief notice on each abstract or on aninformation sheet distributed with the abstract. The abstract or sheet mustinclude the address and telephone number of the assessor below the noticerequired by this section. The notice must be in the form required by theDepartment of Revenue designed to notify the taxpayer of his or her rights andresponsibilities under the homestead property tax exclusion provided in G.S.105‑277.1 and the property tax homestead circuit breaker provided in G.S.105‑277.1B.

(g)        Any person whofails to give the notice required by  G.S. 105‑309(f) shall not only besubject to loss of the exemption, but also to the penalties provided by G.S.105‑312, and also if willful to the penalty provided in G.S. 105‑310.For the purpose of determining whether a penalty is levied, whenever a taxpayerhas received an exemption under G.S. 105‑277.1 for one taxable year butthe property of taxpayer is not eligible for the exemption the next year,notice given of that fact to the assessor on or before April 15 shall beconsidered as timely filed. (1939, c. 310, s. 900; 1941, c. 221, s. 1; 1953, c.970, s. 6; 1955, c. 34; 1971, c. 806, s. 1; 1973, c. 448, s. 2; c. 476, s. 193;1975, c. 881, s. 3; 1977, c. 666, s. 2; 1979, c. 846, s. 2; 1981, c. 54, ss. 4‑6;c. 1052, s. 1; 1985, c. 656, ss. 47, 51; 1985 (Reg. Sess., 1986), c. 947, s. 9;c. 982, s. 23; 1987, c. 43, s. 6; c. 45, s. 1; 1993, c. 360, s. 2; 1996, 2ndEx. Sess., c. 18, s. 15.1(b); 1998‑98, s. 111; 2001‑308, s. 2; 2007‑484,s. 43.7T(b); 2007‑497, s. 2.5.)