North Carolina SB 427: Property Tax Modifications.
Status: Withdrawn From Com (as of 2025-04-28)
State: North Carolina · Session: 2025 · Bill: SB 427
Subjects: PROPERTY, PROPERTY; PUBLIC; REAL ESTATE; TAX EXEMPTIONS; TAXATION; TAXES
Sponsors: Hanig, Moffitt, B. Newton
Bill Text
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2025 S 1 SENATE BILL 427 Short Title: Property Tax Modifications. (Public) Sponsors: Senators Moffitt, Hanig, and B. Newton (Primary Sponsors). Referred to: Rules and Operations of the Senate March 25, 2025 *S427-v-1* A BILL TO BE ENTITLED 1 AN ACT TO MODIFY THE MACHINERY ACT OF NORTH CAROLINA. 2 The General Assembly of North Carolina enacts: 3 SECTION 1. G.S. 105-275 reads as rewritten: 4 "§ 105-275. Property classified and excluded from the tax base. 5 The following classes of property are designated special classes under Article V, Sec. 2(2), 6 of the North Carolina Constitution and are excluded from tax: 7 ... 8 (16) Non-business Qualified Personal Property. – As used in this subdivision, the 9 term "non-business "qualified personal property" means (i) personal property 10 that is used by the owner of the property for a purpose other than the 11 production of income and is not used in connection with a business. The term 12 includes household furnishings, clothing, pets, lawn tools, and lawn 13 equipment. business and (ii) personal property used by the owner of the 14 property for production of income or in connection with a business, or both, 15 provided the value of the property at the time of acquisition is equal to or less 16 than twenty thousand dollars ($20,000). The term does not include motor 17 vehicles, mobile homes, aircraft, watercraft, or engines for watercraft.the 18 following items: 19 a. Motor vehicles, as defined in G.S. 20-4.01, that are registered pursuant 20 to G.S. 20-50 and not otherwise exempt under this section. 21 b. Mobile homes. 22 c. Aircraft and watercraft required to be registered pursuant to State or 23 federal law and not otherwise exempt under this section. 24 ...." 25 SECTION 2. G.S. 105-308 reads as rewritten: 26 "§ 105-308. Duty to list; penalty for failure. 27 Every person in whose name any property is to be listed under the terms of this Subchapter 28 shall list any changes, additions, or subtractions with respect to the property with the assessor 29 within the time allowed by law on an abstract setting forth the information required by this 30 Subchapter. If a person does not timely list property, there is a presumption that no changes, 31 additions, or subtractions with respect to the property to be listed have occurred. 32 In addition to all other penalties prescribed by law, any person whose duty it is to list any 33 changes, additions, or subtractions with respect to property who willfully fails or refuses to list 34 the same within the time prescribed by law shall be guilty of a Class 2 misdemeanor. The If there 35 General Assembly Of North Carolina Session 2025 Page 2 Senate Bill 427-First Edition is a duty to list under this section, the failure to list shall be prima facie evidence that the failure 1 was willful. 2 Any person who willfully attempts, or who willfully aids or abets any person to attempt, in 3 any manner to evade or defeat the taxes imposed under this Subchapter, whether by removal or 4 concealment of property or otherwise, shall be guilty of a Class 2 misdemeanor." 5 SECTION 3. Real and personal property located in the affected area, as defined in 6 Section 1A.4 of S.L. 2024-57, is designated a special class of property under Article V, Section 7 2(2) of the North Carolina Constitution and must have interest accruing on the property 8 administered in accordance with this section. Notwithstanding G.S. 105-360, interest on an 9 underpayment of property tax on real or personal property located in the affected area that (i) 10 accrues for the period of January 7, 2025, through December 31, 2026, and (ii) is due on 11 September 1, 2024, shall not be collected or, to the extent it is collected, shall be carried forward 12 as a credit against the tax due the following year. This section does not apply to classified motor 13 vehicles. 14 SECTION 4. Sections 1 and 2 of this act are effective for taxes imposed for taxable 15 years beginning on or after July 1, 2025. The remainder of this act is effective when it becomes 16 law. 17
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