North Carolina § 105-303 - Obtaining information on real property transfers; permanent listing.

§ 105-303. Obtaining information on real property transfers; permanent listing.

To facilitate the accurate listing of real property for taxation, the board of county commissioners may require the register of deeds to comply with the provisions of subdivision (a)(1), below, or it may require him to comply with the provisions of subdivision (a)(2), below: When any conveyance of real property (other than a deed of trust or mortgage) is recorded, the board of county commissioners may require the register of deeds to certify to the assessor: The name of the person conveying the property. The name and address of the person to whom the property is being conveyed. A description of the property sufficient to locate and identify it. A statement as to whether the parcel is conveyed in whole or in part. When any conveyance of real property (other than a deed of trust or mortgage) is submitted for recordation, the board of county commissioners may require the register of deeds to refuse to record it unless it has been presented to the assessor and the assessor has noted thereon that he has obtained the information he desires from the conveyance and from the person recording it. The board of commissioners of each county must install a permanent listing system. Each county must obtain the approval of the Department of Revenue for its permanent listing system. Under such a system the provisions of subdivisions (b)(1) through (b)(4) of this subsection apply. The assessor is responsible for listing all real property on the abstracts and tax records each year in the name of the owner of record as of the day as of which property is to be listed under G.S. 105-285. Persons whose duty it is to list real property under the provisions of G.S. 105-302 are relieved of that duty, but annually, during the listing period established by G.S. 105-307, these persons must furnish the assessor with the information concerning improvements on and separate rights in real property required by G.S. 105-309(c)(3) through (c)(5). The penalties imposed by G.S. 105-308 and 105-312 do not apply to failure to list real property for taxation, but they apply to failure to comply with the provisions of subdivision (b)(2) of this subsection with respect to reporting the construction or acquisition of improvements on and separate rights in real property. In such a case, the penalty prescribed by G.S. 105-312 shall be computed on the basis of the tax imposed on the improvements and separate rights. The Department of Revenue may authorize the board of county commissioners to make additional modifications of the listing requirements of this Subchapter, as long as the modifications do not conflict with subdivisions (b)(1) through (b)(3) of this subsection. History (1939, c. 310, s. 701; 1971, c. 806, s. 1; 1973, c. 476, s. 193; c. 789; 1987, c. 43, s. 4; c. 45, s. 1; 1999-297, s. 3.) Editor's Note. - Session Laws 1999-297, s. 1 provides that it is the intent of the General Assembly to encourage all counties to adopt a permanent property tax listing system in accordance with G.S. 105-303 (b), as a permanent listing is more convenient for taxpayers and more efficient for counties; that to encourage counties to adopt permanent listing in the next few years, Session Laws 1999-297, s. 2, which amends G.S. 105-312 , prohibits counties that have not adopted such a system from charging late listing penalties in certain circumstances; and that Session Laws 1999-297, s. 3, which amends G.S. 105-303 , requires all counties to adopt permanent listing systems by the 2004 tax year. Effect of Amendments. - Session Laws 1999-297, s. 3, effective for taxable years beginning on or after July 1, 2004, rewrote the introductory language of subsection (b), substituted "these persons must" for "such persons shall" in subdivision (b)(2), in subdivision (b)(3), substituted "do not apply to" for "shall not be imposed for," substituted "apply to" for "shall be imposed for," and substituted "of this subsection" for "above" and in subdivision (b)(4), substituted "as long ... conflict with" for "but no such modification shall conflict with the provisions of" and substituted "of this subsection" for "above."