(a) Taxable real property shall be listed in the name of the owner, and it shall be the owner's duty to list it unless the board of county commissioners shall have adopted a permanent listing system as provided in G.S. 105-303(b). For purposes of this section, the board of county commissioners may require that real property be listed 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.
(b) If real property is listed in the name of one other than the person in whose name it should be listed, and the name of the proper person is later ascertained, the abstract and tax records shall be corrected to list the property in the name of the person in whose name it should have been listed. The corrected listing shall have the same force and effect as if the real property had been listed in the name of the proper person in the first instance.
(c) For purposes of this Subchapter:
(1) The owner of the equity of redemption in real property subject to a mortgage or deed of trust shall be considered the owner of the property, and such real property shall be listed in the name of the owner of the equity of redemption.
(2) Real property owned by a corporation shall be listed in the name of the corporation.
(3) Real property owned by an unincorporated association shall be listed in the name of the association.
(4) Real property owned by a partnership shall be listed in the name of the partnership.
(5) Real property held in connection with a sole proprietorship shall be listed in the name of the owner, and the name and address of the proprietorship shall be noted on the abstract.
(6) Real property of which a decedent died possessed, if not under the control of an executor or administrator, shall be listed in the names of the heirs or devisees if known, but such property may be listed as property of "the heirs" or "the devisees" of the decedent, without naming them, until they have given the assessor notice of their names and of the division of the estate. It shall be the duty of an executor or administrator having control of real property to list it in his fiduciary capacity, as required by subdivision (c)(7), below, until he is divested of control of the property. However, the right of an administrator or executor of a deceased person to petition for the sale of real property to make assets shall not be considered control of the real property for the purposes of this subdivision.
(7) Real property, the title to which is held by a trustee, guardian, or other fiduciary, shall be listed by the fiduciary in his fiduciary capacity except as otherwise provided in this section.
(8) A life tenant or tenant for the life of another shall be considered the owner of real property, and it shall be his duty to list the property for taxation, indicating on the abstract that he is a life tenant or tenant for the life of another named individual.
(9) Upon request to and with the approval of the assessor, undivided interests in real property owned by tenants in common who are not copartners may be listed by the respective owners in accordance with their respective undivided interests. Otherwise, real property held by tenants in common shall be listed in the names of all the owners.
(10) Real property owned by husband and wife as tenants by the entirety shall be listed on a single abstract in the names of both tenants, and the nature of their ownership shall be indicated thereon.
(11) When land is owned by one party and improvements thereon or special rights (such as mineral, timber, quarry, waterpower, or similar rights) therein are owned by another party, the parties shall list their interests separately unless, in accordance with contractual relations between them, both the land and the improvements and special rights are listed in the name of the owner of the land.
(12) If the person in whose name real property should be listed is unknown, or if title to real property is in dispute, the property shall be listed in the name of the occupant or, if there be no occupant, in the name of "unknown owner." Such a listing shall not affect the validity of the lien for taxes created by G.S. 105-355. When the name of the owner is later ascertained, the provisions of subsection (b), above, shall apply.
(13) Real property, owned under a time-sharing arrangement but managed by a homeowners association or other managing entity, shall be listed in the name of the managing entity. (1939, c. 310, s. 701; 1971, c. 806, s. 1; 1983, c. 785, s. 1; 1987, c. 45, s. 1.)
Notes of Decisions
Cited in
14
cases, 1965–2007 · leading case:
Pegg v. Jones, 653 S.E.2d 229 (N.C. Ct. App. 2007).
Pegg v. Jones, 653 S.E.2d 229 (N.C. Ct. App. 2007).
· cites it 4× “2d 740, 743 (1974) (citing N.C. Gen. Stat. §§ 105-302 (c)(8); 105-384).”
Billings Transfer Corp., Inc. v. Cnty. of Davidson, 170 S.E.2d 873 (N.C. 1969).
· cites it 4× “105-281 and Article 18 of the Machinery Act, G.S. 105-302 et seq. G.S. 105-281 provides that all property, real and personal, within the jurisdiction of the State, not especially exempted, shall be subject to taxation.”
Henderson Cnty. v. Osteen, 235 S.E.2d 166 (N.C. 1977).
“105-301 (now G.S. 105-302): “(a) Except as hereinafter specified, real property shall be listed in the name of its owner; and it shall be the duty of the owner to list the same.”
Powell v. Cnty. of Haywood, 189 S.E.2d 785 (N.C. Ct. App. 1972).
· cites it 4× “105-301 (b), G.S. 105-302 (d), G.S. 105-340 (a), and G.”
In Re Appeal of McLean Trucking Co., 188 S.E.2d 452 (N.C. 1972).
“G.S. 105-302 (a) provides that, except as otherwise provided in that section, tangible personal property must be listed for taxes in the township wherein the owner has his residence, which, in the case of a corporation, is the township in which it has its principal office in the…”
Appeal of Mclean Trucking Co., Winston-salem, 206 S.E.2d 172 (N.C. 1974).
“Transfer Corp. v. County of Davidson, supra. There is nothing in the present record or in any of the three previous records involving this matter which tends to show that any portion of McLean’s property had acquired a non-domiciliary tax situs for any of the years 1965 through…”
Appeal of Pilot Freight Carriers, Inc., 139 S.E.2d 633 (N.C. 1965).
· cites it 5× “(1) Did the State Board of Assessment have jurisdiction to determine the tax situs of the line-haul tractors and trailers owned by Pilot Freight Carriers, a North Carolina corporation, whose principal place of business is in Forsyth County? (2) If so, did it correctly rule that…”
Thompson v. Watkins, 207 S.E.2d 740 (N.C. 1974).
“G.S. 105-302 (c) (8) ; G.S. 105-384. See Smith v.”
In re Moss Trucking Co., 191 S.E.2d 919 (N.C. Ct. App. 1972).
· cites it 6× “Therefore, under G.S. 105-302 (a) their tangible personal property must be listed *265 in Charlotte Township, unless some other subsection of G.”
City of Charlotte v. Little-McMahan Props., Inc., 279 S.E.2d 104 (N.C. Ct. App. 1981).
“G.S. 105-302(c)(l) provides that the owner of the equity of redemption in real property subject to a deed of trust shall be considered the owner and that the property shall be listed in the name of the owner of the equity of redemption.”
Davenport v. Ralph N. Peters & Co., 274 F. Supp. 99 (W.D.N.C. 1966).
· cites it 6× “N.C.G.S. § 105-302 (c). It is also specifically provided that tangible “property stored in public ware *113 houses” is to be listed in the place where situated.”
— N.C. Gen. Stat. § 105-302(a) — 4 cases
Billings Transfer Corp., Inc. v. Cnty. of Davidson, 170 S.E.2d 873 (N.C. 1969).
“105-281 and Article 18 of the Machinery Act, G.S. 105-302 et seq. G.S. 105-281 provides that all property, real and personal, within the jurisdiction of the State, not especially exempted, shall be subject to taxation.”
Appeal of Pilot Freight Carriers, Inc., 139 S.E.2d 633 (N.C. 1965).
“(1) Did the State Board of Assessment have jurisdiction to determine the tax situs of the line-haul tractors and trailers owned by Pilot Freight Carriers, a North Carolina corporation, whose principal place of business is in Forsyth County? (2) If so, did it correctly rule that…”
In re Moss Trucking Co., 191 S.E.2d 919 (N.C. Ct. App. 1972).
“Therefore, under G.S. 105-302 (a) their tangible personal property must be listed *265 in Charlotte Township, unless some other subsection of G.”
— N.C. Gen. Stat. § 105-302(c)(8) — 1 case
Pegg v. Jones, 653 S.E.2d 229 (N.C. Ct. App. 2007).
“2d 740, 743 (1974) (citing N.C. Gen. Stat. §§ 105-302 (c)(8); 105-384).”
— N.C. Gen. Stat. § 105-302(c)(l) — 1 case
City of Charlotte v. Little-McMahan Props., Inc., 279 S.E.2d 104 (N.C. Ct. App. 1981).
“G.S. 105-302(c)(l) provides that the owner of the equity of redemption in real property subject to a deed of trust shall be considered the owner and that the property shall be listed in the name of the owner of the equity of redemption.”
— N.C. Gen. Stat. § 105-302(d) — 2 cases
Appeal of Pilot Freight Carriers, Inc., 139 S.E.2d 633 (N.C. 1965).
“(1) Did the State Board of Assessment have jurisdiction to determine the tax situs of the line-haul tractors and trailers owned by Pilot Freight Carriers, a North Carolina corporation, whose principal place of business is in Forsyth County? (2) If so, did it correctly rule that…”
Davenport v. Ralph N. Peters & Co., 274 F. Supp. 99 (W.D.N.C. 1966).
“N.C.G.S. § 105-302 (c). It is also specifically provided that tangible “property stored in public ware *113 houses” is to be listed in the place where situated.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.