AN ACT TO FACILITATE ELECTRONIC LISTING OF PERSONAL PROPERTY FOR PROPERTY TAX PURPOSES. Summarized in Daily Bulletin 5/4/11 and 6/3/11. Enacted June 23, 2011. Effective June 23, 2011.
Bill Summaries: all (2011-2012 Session)
Summary date: Jun 30 2011 - View summary
Bill H 896 (2011-2012)Summary date: Jun 3 2011 - View summary
House committee substitute makes the following changes to 1st edition. Repeals GS 105-304(a1) which provides for the electronic listing of personal property (provision was amended in the 1st edition) and GS 105-304(b)(3), defining electronic as used in the statute.
Amends GS 105-296(c), clarifying that it is the responsibility of the assessor to provide notice via newspaper and public posting of the listing of personal property for property tax purposes at least 10 days prior to the date the property is to be listed. Also clarifies that the notice must contain all of the information specified in this subsection. Amends the list of items that must be included in the notice to add the following: requires a statement that the county allows electronic listing of personal property, and the timetable and procedures for electronic listing if the county provides for electronic listing of personal property under GS 105-310.1. Makes an organizational change.
Amends GS 105-307 to provide for the electronic listing of personal property under GS 105-310.1 (was, GS 105-304). Declares that a resolution that provides a general extension of time for the electronic listing of personal property must continue in effect until it is revised or rescinded unless otherwise stated in the resolution. Provides that despite the individual extension time limitations provided in subsection (c) of GS 105-307, if the county has provided for electronic listing of personal property under GS 105-310.1, then the extensions granted for electronic listing of personal property cannot extend beyond June 1.
Adds new GS 105-310.1 to provide for the electronic listing of personal property. Provides that the Department of Revenue may establish the standards and requirements for electronic listing of personal property after consultation with the counties. Authorizes the board of county commissioners to provide for the electronic listing of personal property. Provides definitions for the terms electronic listing and electronics as used in this statute.
Amends GS 105-311 to clarify that the completed abstract (was, a return) must be filed with the assessor on a form approved by the Department of Revenue. Adds limited liability company to the business entities directed as to the filing of the complete abstract. Clarifies that the required affirmation on a taxpayer’s abstract may be signed by an agent of the taxpayer who is authorized by a principal officer of the taxpayer in a manner prescribed by the Department of Revenue. Provides that if a county has provided for electronic listing of personal property under GS 105-310.1, then personal property abstracts may be submitted by electronic listing. Prohibits acceptance of an abstract submitted by electronic listing unless the affirmation on the abstract is signed as prescribed in subsection (a) of this statute. Permits the affirmation to be signed using an electronic signature method approved by the Department of Revenue.
Makes this act effective when it becomes law (was, effective January 1, 2012).
Bill H 896 (2011-2012)Summary date: May 4 2011 - View summary
Rewrites GS 105-304(a1) to require the county assessor to publish the information for electronic listing of personal property authorized under GS 105-311, including the timetable and procedures for electronic listing of personal property, in the notice required by GS 105-296(c). Amends GS 105-311(a) by adding additional language requiring that a return must be filed with the assessor on a form prescribed by the North Carolina Department of Revenue (Department). Amends GS 105-311(a)(2) by adding a new subsection allowing an authorized agent of the taxpayer to sign the required affirmation in the name of the taxpayer in the case of a corporation, partnership, or unincorporated association. Deletes GS 105-211(a)(3), which regards individuals who are not residents of the county in which the property is listed. Rewrites GS 105-211(b) by clarifying that abstracts may be submitted in person, by mail, or electronically. Creates new subsection 105-211(b)(2) providing method by which an electronic listing may be signed electronically, the method by which electronic listings must be submitted, and authorizes the Department from time to time to publish requirements for electronic submission. Makes other clarifying and conforming changes. Effective January 1, 2012.