(a) Annual Listing Required. - All property subject to ad valorem taxation shall be listed annually.
(b) Personal Property; General Rule. - Except as otherwise provided in this Chapter, the value, ownership, and place of taxation of personal property, both tangible and intangible, shall be determined annually as of January 1.
(c) Repealed by Session Laws 1987, c. 813, s. 12.
(d) Real Property. - The value of real property shall be determined as of January 1 of the years prescribed by G.S. 105-286 and G.S. 105-287. The ownership of real property shall be determined annually as of January 1, except in the following situation: When any real property is acquired after January 1, but prior to July 1, and the property was not subject to taxation on January 1 on account of its exempt status, it shall be listed for taxation by the transferee as of the date of acquisition and shall be appraised in accordance with its true value as of January 1 preceding the date of acquisition; and the property shall be taxed for the fiscal year of the taxing unit beginning on July 1 of the year in which it is acquired. The person in whose name such property is listed shall have the right to appeal the listing, appraisal, and assessment of the property in the same manner as that provided for listings made as of January 1.
In the event real property exempt as of January 1 is, prior to July 1, acquired from a governmental unit that by contract is making payments in lieu of taxes to the taxing unit for the fiscal period beginning July 1 of the year in which the property is acquired, the tax on such property for the fiscal period beginning on July 1 immediately following acquisition shall be one half of the amount of the tax that would have been imposed if the property had been listed for taxation as of January 1. (1939, c. 310, s. 302; 1945, c. 973; 1971, c. 806, s. 1; 1973, c. 735; 1985, c. 656, s. 21; 1987, c. 813, s. 12; 1993, c. 485, s. 17.)
Notes of Decisions
Cnty. of Lenoir v. Moore, 441 S.E.2d 589 (N.C. Ct. App. 1994).
· cites it 14× “) Under N.C.Gen.Stat. § 105-285, "All property subject to ad valorem taxation shall be listed annually.”
Comput. Sales Int'l, Inc. v. Forsyth Mem'l Hosp., Inc., 436 S.E.2d 263 (N.C. Ct. App. 1993).
· cites it 6× “CSI claims that the taxes were actually imposed and assessed as of January 1 and that it does not matter that Forsyth terminated the lease prior to the date Forsyth County fixed its tax rate and mailed the property tax bills.”
In Re Precision Concepts, Inc., 305 B.R. 438 (Bankr. M.D.N.C. 2004).
· cites it 4× “N.C. Gen.Stat. § 105-285. The listing period for each year begins on the first business day of January and ends on January 31.”
In Re the Appeal of Bosley, 224 S.E.2d 686 (N.C. Ct. App. 1976).
· cites it 3× “105-286 require that the value of real property be determined every eight years; therefore, the percentage method of appraisal of household property results in the appraisal only every eight years in violation of G.S. 105-285. It is noted that the taxing authority in Pitt County…”
Clinchfield R.R. v. Lynch, 527 F. Supp. 784 (E.D.N.C. 1981).
“*786 §§ 105-285 and 286. As a result of this scheme and the operation of inflation and/or appreciation, the ratio of assessed value to true market value of locally-assessed real property diminishes gradually during each eight-year period until at reappraisal time it is restored…”
In Re the Appeal of North Carolina Forestry Found., Inc., 250 S.E.2d 236 (N.C. 1979).
“Thus, the property should have been listed as required by G.S. 105-285. Upon failure of the Foundation to list this property, it became incumbent upon Onslow County tax officials to discover and list the property pursuant to G.”
In re the Appeal of Dickey, 431 S.E.2d 203 (N.C. Ct. App. 1993).
· cites it 3× “N.C.G.S. §§ 105-285(a), 105-307 (1992). The law in effect at the time the Dickeys filed their 1989 property listing and when the Assessor notified the Dickeys in June, 1990, of the “discovered improvements” on the Dickeys’ lot provided: (1) The phrase “discovered property” shall…”
In Re the Appeal of Corbett, 558 S.E.2d 82 (N.C. 2002).
· cites it 8× “Pursuant to section 105-285 of the Machinery Act, all property subject to ad valorem taxation shall be listed annually.”
Helton v. Good, 208 F. Supp. 2d 597 (W.D.N.C. 2002).
· cites it 2× “N.C. Gen.Stat. § 105-285. There is no rational explanation which the Defendants have presented or of which the Court can conceive to explain the inclusion of a condition with which Plaintiff and others similarly situated could not possibly have complied.”
In re Appeal of Bassett Furniture Indus., Inc., 339 S.E.2d 16 (N.C. Ct. App. 1986).
· cites it 2× “] An annual listing of all property subject to ad valorem taxation is required by G.S. 105-285(a) and with respect to personal property the value, ownership and place of taxation is to be determined annually as of January 1.”
In Re Appeal of Sas Inst. Inc., 684 S.E.2d 444 (N.C. Ct. App. 2009).
· cites it 8× “§ 105-304 (c) provides that, “[e]xcept as otherwise provided in subsections (d) through (h) of this section, tangible personal property is taxable at the residence of the owner.”
In re Ocean Isle Palms LLC, 366 NC 351, 749 S.E.2d 439 (N.C. 2013).
· cites it 2× “§§ 105-285 to -287 (2011). Under these statutory standards, all real property must be appraised or valued “at its true value in money.”
— N.C. Gen. Stat. § 105-285(a) — 4 cases
Cnty. of Lenoir v. Moore, 441 S.E.2d 589 (N.C. Ct. App. 1994).
“) Under N.C.Gen.Stat. § 105-285, "All property subject to ad valorem taxation shall be listed annually.”
In re the Appeal of Dickey, 431 S.E.2d 203 (N.C. Ct. App. 1993).
“N.C.G.S. §§ 105-285(a), 105-307 (1992). The law in effect at the time the Dickeys filed their 1989 property listing and when the Assessor notified the Dickeys in June, 1990, of the “discovered improvements” on the Dickeys’ lot provided: (1) The phrase “discovered property” shall…”
In Re the Appeal of Corbett, 558 S.E.2d 82 (N.C. 2002).
“Pursuant to section 105-285 of the Machinery Act, all property subject to ad valorem taxation shall be listed annually.”
In re Appeal of Bassett Furniture Indus., Inc., 339 S.E.2d 16 (N.C. Ct. App. 1986).
“] An annual listing of all property subject to ad valorem taxation is required by G.S. 105-285(a) and with respect to personal property the value, ownership and place of taxation is to be determined annually as of January 1.”
— N.C. Gen. Stat. § 105-285(b) — 3 cases
Comput. Sales Int'l, Inc. v. Forsyth Mem'l Hosp., Inc., 436 S.E.2d 263 (N.C. Ct. App. 1993).
“CSI claims that the taxes were actually imposed and assessed as of January 1 and that it does not matter that Forsyth terminated the lease prior to the date Forsyth County fixed its tax rate and mailed the property tax bills.”
In re Appeal of Bassett Furniture Indus., Inc., 339 S.E.2d 16 (N.C. Ct. App. 1986).
“] An annual listing of all property subject to ad valorem taxation is required by G.S. 105-285(a) and with respect to personal property the value, ownership and place of taxation is to be determined annually as of January 1.”
In Re Appeal of Sas Inst. Inc., 684 S.E.2d 444 (N.C. Ct. App. 2009).
“§ 105-304 (c) provides that, “[e]xcept as otherwise provided in subsections (d) through (h) of this section, tangible personal property is taxable at the residence of the owner.”
— N.C. Gen. Stat. § 105-285(d) — 3 cases
Cnty. of Lenoir v. Moore, 441 S.E.2d 589 (N.C. Ct. App. 1994).
“) Under N.C.Gen.Stat. § 105-285, "All property subject to ad valorem taxation shall be listed annually.”
In Re the Appeal of Corbett, 558 S.E.2d 82 (N.C. 2002).
“Pursuant to section 105-285 of the Machinery Act, all property subject to ad valorem taxation shall be listed annually.”
In re Ocean Isle Palms LLC, 366 NC 351, 749 S.E.2d 439 (N.C. 2013).
“§§ 105-285 to -287 (2011). Under these statutory standards, all real property must be appraised or valued “at its true value in money.”
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