North Carolina § 105-315 - Report by persons having custody of tangible personal property of others.

§ 105-315. Report by persons having custody of tangible personal property of others.

As of January 1, every person having custody of taxable tangible personal property that has been entrusted to the person by another for storage, sale, renting, or any other business purpose shall furnish to the assessor of the county in which the property is situated a report with the information listed in this subsection. This requirement does not apply to a person having custody of inventories exempt under G.S. 105-275(32a), 105-275(33), or 105-275(34). As used in this section, the term "person having custody of taxable tangible personal property" includes warehouses, cooperative growers' and marketing associations, consignees, factors, commission merchants, and brokers. The report must include all of the following: Repealed by Session Laws 1987, c. 813, s. 14. The name of the owner of the property. A description of the property. The quantity of the property. The amount of money, if any, advanced against the property by the person having custody of the property. A person who fails to make the report required by this section, by January 15 in any year is liable to the counties in which the property is taxable for a penalty to be measured by any portion of the tax on the property that has not been paid at the time the action to collect this penalty is brought plus two hundred fifty dollars ($250.00). This penalty may be recovered in a civil action in the appropriate division of the General Court of Justice of the county in which the property is taxable. Upon recovery of this penalty, the tax on the property is deemed paid. History (1939, c. 310, ss. 1001, 1002; 1955, c. 1069, ss. 2, 3; 1965, c. 592; 1971, c. 806, s. 1; 1987, c. 45, s. 1; c. 813, s. 14; 2014-3, s. 14.21.) Effect of Amendments. - Session Laws 2014-3, s. 14.21, effective May 29, 2014, substituted "Report" for "Reports" in the section heading; rewrote subsection (a); and, in subsection (b), in the first sentence, substituted "A person" for "Any person" at the beginning, and substituted "this section" for "subsection (a), above" and "is liable" for "shall be liable" near the middle, and, near the end of the last sentence, substituted "is deemed paid" for "shall be deemed to be paid." Legal Periodicals. - For survey of 1974 case law on taxation of personal property owned by nonresidents, see 53 N.C.L. Rev. 1132 (1975).