§ 105-360. Due date; interest for nonpayment of taxes; discounts for prepayment.

NORTH CAROLINA STATUTES AND CODES

§ 105-360. Due date; interest for nonpayment of taxes; discounts for prepayment.

§ 105‑360. Due date;interest for nonpayment of taxes; discounts for prepayment.

(a) (Effective fortaxes imposed for taxable years beginning before July 1, 2008) Taxes leviedunder this Subchapter by a taxing unit are due and payable on September 1 of thefiscal year for which the taxes are levied. Taxes are payable at par or faceamount if paid before January 6 following the due date. Taxes paid on or afterJanuary 6 following the due date are delinquent and are subject to interestcharges. Interest accrues on taxes paid on or after January 6 as follows:

(1) For the periodJanuary 6 to February 1, interest accrues at the rate of two percent (2%); and

(2) For the periodFebruary 1 until the principal amount of the taxes, the accrued interest, andany penalties are paid, interest accrues at the rate of three‑fourths ofone percent (¾%) a month or fraction thereof.

(a) (Effective fortaxes imposed for taxable years beginning on or after July 1, 2008) Taxeslevied under this Subchapter by a taxing unit are due and payable on September1 of the fiscal year for which the taxes are levied. Taxes are payable at paror face amount if paid before January 6 following the due date. Taxes paid onor after January 6 following the due date are subject to interest charges.Interest accrues on taxes paid on or after January 6 as follows:

(1) For the periodJanuary 6 to February 1, interest accrues at the rate of two percent (2%).

(b) Repealed by SessionLaws 1987, c. 93, s. 2.

(c) Under theconditions established by this subsection (c), the governing body of any countyor municipality levying taxes under the provisions of this Subchapter shallhave authority to establish a schedule of discounts to be applied to taxes paidprior to the due date prescribed in subsection (a) above. To exercise thisauthority, the governing body shall:

(1) Not later than thefirst day of May preceding the due date of the taxes to which it first applies,adopt a resolution or ordinance specifying the amounts of the discounts and theperiods of time during which they are to be applicable.

(2) Submit theresolution or ordinance to the Department of Revenue for approval.

(3) Upon approval by theDepartment of Revenue, publish the discount schedule at least once in somenewspaper having general circulation in the taxing unit.

When such a resolution orordinance is submitted to the Department of Revenue, the Department may approveit or disapprove it in whole or in part if, in the opinion of the Department,the discounts or the periods of time for which discounts are allowed areexcessive or unreasonable. Such a resolution or ordinance, once adopted andapproved by the Department of Revenue, shall continue in effect until repealed.Nothing in this subsection (c) shall prevent the governing body of any taxingunit from providing by resolution that the schedule of discounts for prepaymentof taxes in effect in the taxing unit on June 30, 1971, shall continue ineffect through November 1, 1971, but no longer.

(d) For the purposes ofcomputing discounts and interest, tax payments submitted by mail shall bedeemed to be received as of the date shown on the postmark affixed by theUnited States Postal Service. If no date is shown on the postmark or if thepostmark is not affixed by the United States Postal Service, the tax paymentshall be deemed to be received when the payment is received in the office ofthe tax collector. In any dispute arising under this subsection, the burden ofproof shall be on the taxpayer to show that the payment was timely made. (1939, c. 310, s. 1403;1943, c. 667; 1945, c. 247, s. 3; c. 1041; 1947, c. 888, s. 1; 1969, c. 921, s.1; 1971, c. 806, s. 1; 1973, c. 476, s. 193; 1977, c. 327, s. 2; c. 630; 1979,c. 233, ss. 1, 2; 1987, c. 93, ss. 1, 2; 2008‑35, s. 2.7.)