(a) On Real Property. - The lien of taxes imposed on real and personal property shall attach to real property at the time prescribed in G.S. 105-355(a). The priority of that lien shall be determined in accordance with the following rules:
(1) Subject to the provisions of the Revenue Act prescribing the priority of the lien for State taxes, the lien of taxes imposed under the provisions of this Subchapter shall be superior to all other liens, assessments, charges, rights, and claims of any and every kind in and to the real property to which the lien for taxes attaches regardless of the claimant and regardless of whether acquired prior or subsequent to the attachment of the lien for taxes. For purposes of this subdivision, the term "lien for State taxes" includes a lien for contributions under G.S. 96-10.
(2) The liens of taxes of all taxing units shall be of equal dignity.
(3) The priority of the lien for taxes shall not be affected by transfer of title to the real property after the lien has attached, nor shall it be affected by the death, receivership, or bankruptcy of the owner of the real property to which the lien attaches.
(b) On Personal Property. - The lien of taxes on real and personal property shall attach to personal property at the time prescribed in G.S. 105-355(b). The priority of that lien shall be determined in accordance with the following rules:
(1) The tax lien, when it attaches to personal property, shall, insofar as it represents taxes imposed upon the property to which the lien attaches, be superior to all other liens and rights whether such other liens and rights are prior or subsequent to the tax lien in point of time.
(2) The tax lien, when it attaches to personal property, shall, insofar as it represents taxes imposed upon property other than that to which the lien attaches, be inferior to prior valid liens and perfected security interests and superior to all subsequent liens and security interests.
(3) As between the tax liens of different taxing units, the tax lien first attaching shall be superior. (1939, c. 310, s. 1704; 1971, c. 806, s. 1; 2020-3, s. 1.4(b).)
Notes of Decisions
Cnty. of Lenoir v. Moore, 441 S.E.2d 589 (N.C. Ct. App. 1994).
· cites it 34× “In order to determine the effect enforcement of ad valorem tax liens has on other liens on the property, N.C.Gen.Stat. § 105-356 sets out the priority of tax liens arising under the Machinery Act.”
Andrews v. Crump, 984 F. Supp. 393 (W.D.N.C. 1996).
· cites it 4× “See also, G.S. § 105-356(a)(3); G.S. § 105-241(d). Therefore, Defendants are not entitled, as a matter of law, to a determination at summary judgment that Jones Andrews lacks standing on the ground that, beyond genuine issue, he fails to demonstrate the requisite causal link.”
Henkel v. Triangle Homes, Inc., 790 S.E.2d 602 (N.C. Ct. App. 2016).
· cites it 2× “The priority of that lien shall be determined in accordance with the following rules: (1) Subject to the provisions of the Revenue Act prescribing the priority of the lien for State taxes, the lien of taxes imposed under the provisions of this Subchapter shall be superior to all…”
Cnty. of Carteret v. Long, 495 S.E.2d 391 (N.C. Ct. App. 1998).
· cites it 19× “The priority of that lien shall be determined in accordance with the following rules: (1) Subject to the provisions of the Revenue Act prescribing the priority of the lien for State taxes, the lien of taxes imposed under the provisions of this Subchapter shall be superior to all…”
City of Durham v. Hicks, 522 S.E.2d 583 (N.C. Ct. App. 1999).
· cites it 4× “N.C. Gen. Stat. § 105-355 (1997) provides that a tax liability on a piece of property creates a tax lien against that property.”
Powell v. Cnty. of Haywood, 189 S.E.2d 785 (N.C. Ct. App. 1972).
“105-355(a), and G.S. 105-356. Plaintiffs argue that their position is different from that of a purchaser at a foreclosure sale of real estate mortgaged by the owner thereof to secure a loan.”
In re Taxes of Bob Dance Chevrolet, 313 S.E.2d 207 (N.C. Ct. App. 1984).
“The lien created by the attachment of the Dance Chevrolet account with BB&T is further governed by the priority rule of G.S. 105-356(b)(2) which states: The tax lien, when it attaches to personal property, shall, insofar as it represents taxes imposed upon property other than…”
— N.C. Gen. Stat. § 105-356(a) — 1 case
Cnty. of Lenoir v. Moore, 441 S.E.2d 589 (N.C. Ct. App. 1994).
“In order to determine the effect enforcement of ad valorem tax liens has on other liens on the property, N.C.Gen.Stat. § 105-356 sets out the priority of tax liens arising under the Machinery Act.”
— N.C. Gen. Stat. § 105-356(a)(1) — 2 cases
Cnty. of Lenoir v. Moore, 441 S.E.2d 589 (N.C. Ct. App. 1994).
“In order to determine the effect enforcement of ad valorem tax liens has on other liens on the property, N.C.Gen.Stat. § 105-356 sets out the priority of tax liens arising under the Machinery Act.”
Cnty. of Carteret v. Long, 495 S.E.2d 391 (N.C. Ct. App. 1998).
“The priority of that lien shall be determined in accordance with the following rules: (1) Subject to the provisions of the Revenue Act prescribing the priority of the lien for State taxes, the lien of taxes imposed under the provisions of this Subchapter shall be superior to all…”
— N.C. Gen. Stat. § 105-356(a)(2) — 1 case
— N.C. Gen. Stat. § 105-356(a)(3) — 1 case
Andrews v. Crump, 984 F. Supp. 393 (W.D.N.C. 1996).
“See also, G.S. § 105-356(a)(3); G.S. § 105-241(d). Therefore, Defendants are not entitled, as a matter of law, to a determination at summary judgment that Jones Andrews lacks standing on the ground that, beyond genuine issue, he fails to demonstrate the requisite causal link.”
— N.C. Gen. Stat. § 105-356(a)(l) — 1 case
Andrews v. Crump, 984 F. Supp. 393 (W.D.N.C. 1996).
“See also, G.S. § 105-356(a)(3); G.S. § 105-241(d). Therefore, Defendants are not entitled, as a matter of law, to a determination at summary judgment that Jones Andrews lacks standing on the ground that, beyond genuine issue, he fails to demonstrate the requisite causal link.”
— N.C. Gen. Stat. § 105-356(b)(2) — 1 case
In re Taxes of Bob Dance Chevrolet, 313 S.E.2d 207 (N.C. Ct. App. 1984).
“The lien created by the attachment of the Dance Chevrolet account with BB&T is further governed by the priority rule of G.S. 105-356(b)(2) which states: The tax lien, when it attaches to personal property, shall, insofar as it represents taxes imposed upon property other than…”
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