North Carolina General Statutes 105-309. What the abstract shall contain
(a) Each person whose duty it is to list property for taxation shall file each year with the assessor a tax list or abstract showing, as of the date prescribed by N.C. Gen. Stat. § 105-285(b), the information required by this section. Subject to the provisions of subdivisions (a)(1) and (a)(2), below, each person whose duty it is to list property for taxation shall file a separate abstract.
(1) Tenants by the entirety shall file a single abstract listing the real property so held, together with all personal property they own jointly.
Terms Used In North Carolina General Statutes 105-309
- Appraisal: A determination of property value.
- following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- 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
- property: shall include all property, both real and personal. See North Carolina General Statutes 12-3
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(2) Tenants in common shall file a single abstract listing the real property so held, together with all personal property that they own jointly, unless, as provided in N.C. Gen. Stat. § 105-302(c)(9), the assessor allows them to list their undivided interests in the real property on separate abstracts.
(b) Each abstract shall show the taxpayer’s name; residence address; and, if required by the assessor, business address.
(1) An individual trading under a firm name shall show his name and address and also the name and address of his business firm.
(2) An unincorporated association shall show both the name and address of the association and the names and addresses of its principal officers.
(3) A partnership shall show both the name and address of the partnership and the names and addresses of its full partners.
(c) Each tract, parcel, or lot of real property owned or controlled in the county shall be listed in accordance with the following instructions:
(1) Real property not divided into lots shall be described by giving:
a. The township in which located.
b. The total number of acres in the tract, or, if smaller than one acre, the dimensions of the parcel.
c. The tract name (if any), the names of at least two adjoining landowners, a reference to the tract’s designation on any map maintained in the office of the assessor or on file in the office of the register of deeds, or some other description sufficient to identify and locate the property by parol testimony.
d. If applicable, the number of acres of:
1. Cleared land;
2. Woods and timberland;
3. Land containing mineral or quarry deposits;
4. Land susceptible of development for waterpower;
5. Wasteland.
e. The portion of the tract or parcel located within the boundaries of any municipality.
(2) Real property divided into lots shall be described by giving:
a. The township in which located.
b. The dimensions of the lot.
c. The location of the lot, including its street number (if any).
d. The lot’s designation on any map maintained in the office of the assessor or on file in the office of the register of deeds, or some description sufficient to identify and locate the property by parol testimony.
e. The portion of the lot located within the boundaries of any municipality.
(3) In conjunction with the listing of any real property under subdivisions (c)(1) and (c)(2), above, there shall be given a short description of any buildings and other improvements thereon that belong to the owner of the land.
(4) Buildings and other improvements having a value in excess of one hundred dollars ($100.00) that have been acquired, begun, erected, damaged, or destroyed since the time of the last appraisal of property shall be described.
(5) If some person other than the owner of a tract, parcel, or lot shall own any buildings or other improvements thereon or separate rights (such as mineral, quarry, timber, waterpower, or other rights) therein, that fact shall be specified on the abstract on which the land is listed, together with the name and address of the owner of the buildings, other improvements, or rights.
a. Buildings, other improvements, and separate rights owned by a taxpayer with respect to the lands of another shall be listed separately and identified so as to indicate the name of the owner thereof and the tract, parcel, or lot on which the buildings or other improvements are situated or to which the separate rights appertain.
b. In accordance with the provisions of N.C. Gen. Stat. § 105-302(c)(11), buildings or other improvements or separate rights owned by a taxpayer with respect to the lands of another may be listed either in the name of the owner of the buildings, other improvements, or rights, or in the name of the owner of the land.
(d) Personal property shall be listed to indicate the township and municipality, if any, in which it is taxable and shall be itemized by the taxpayer in such detail as may be prescribed by an abstract form approved by the Department of Revenue. The assessor may require additional information as follows:
(1) If the assessor considers it necessary to obtain a complete listing of personal property, the assessor may require a taxpayer to submit additional information, inventories, or itemized lists of personal property.
(2) At the request of the assessor, the taxpayer shall furnish any information the taxpayer has with respect to the true value of the personal property the taxpayer is required to list.
(e) At the end of the abstract each person whose duty it is to list property for taxation shall sign the affirmation required by N.C. Gen. Stat. § 105-310
(f) The assessor must print a homestead tax relief notice on each abstract or on an information sheet distributed with the abstract. The abstract or sheet must include the address and telephone number of the assessor below the notice required by this section. The notice must be in the form required by the Department of Revenue designed to notify the taxpayer of his or her rights and responsibilities under the homestead property tax exclusion provided in N.C. Gen. Stat. § 105-277.1 and the property tax homestead circuit breaker provided in N.C. Gen. Stat. § 105-277.1B.
(g) Any person who fails to give the notice required by N.C. Gen. Stat. § 105-309(f) shall not only be subject to loss of the exemption, but also to the penalties provided by N.C. Gen. Stat. § 105-312, and also if willful to the penalty provided in N.C. Gen. Stat. § 105-310 For the purpose of determining whether a penalty is levied, whenever a taxpayer has received an exemption under N.C. Gen. Stat. § 105-277.1 for one taxable year but the 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 be considered 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, 2nd Ex. 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; 2014-3, s. 14.20(a).)