North Carolina General Statutes 105-365. Preference accorded taxes in liquidation of debtors’ estates
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Terms Used In North Carolina General Statutes 105-365
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Personal property: All property that is not real property.
- personal property: shall include moneys, goods, chattels, choses in action and evidences of debt, including all things capable of ownership, not descendable to heirs at law. See North Carolina General Statutes 12-3
In all cases in which a taxpayer’s assets are in the hands of a receiver or assignee for the benefit of creditors or are otherwise being liquidated or managed for the benefit of creditors, the taxes owed by the debtor (together with interest, penalties, and costs) shall be a preferred claim, second only to administration expenses and specific liens. The provisions of this section shall not be construed to modify or reduce the priority given by N.C. Gen. Stat. § 105-356 to tax liens on real and personal property or to alter or preclude the exercise of any remedies against personal property provided for in N.C. Gen. Stat. § 105-366 (1939, c. 310, s. 1704; 1971, c. 806, s. 1.)