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An Outline of Property Tax Exemptions and Exclusions Joseph
S. Ferrell
1995 Edition
Copyright © 1995
Institute of Government
The University of North Carolina at Chapel Hill
Antique automobiles Bill
and hold goods Cargo containers
Cemeteries Charitable
hospitals Charitable property
Computer software Cotton
dust emission control equipment Development
rights Disabled veterans housing
Disabled veteran's vehicle
Educational institutions Educational,
scientific, literary, or charitable property Elderly
and disabled exclusion Farm products
held by cooperatives Federal
government property Fertilizer
Foreign trade zone, domestic property
Foreign trade zone, imported property
Fraternal and civic orders Goodwill
Industries Hazardous Waste Management
Commission Historic preservation
easements Historic property
Historic landmark sites Homeowners
associations Household personal
property Imported property
Intangible personal property
Inventory, Contractors Inventory,
Manufacturers Inventory, Merchants
Masonic orders Money
Motor vehicle chassis Pledged
cotton Pollution abatement equipment
Poultry and livestock Precious
Metals Private water companies
Property leased to local government
Protected natural areas Public
parks and drives Radioactive
Waste Disposal Authority Recycling
equipment Religious educational
assemblies Religious property
Repaired personal property Residential
retirement communities Roadway
corridors Solar energy systems
Special nuclear material Standing
timber State and local government
property Use-value appraisal
Veterans organizations Water
and sewer associations, nonprofit Property
Imported Through N.C. Seaport Terminal
- Citation: G.S. 105-275(2)
- Qualifying property: tangible personal property
imported from foreign country through a North Carolina
seaport terminal
- Qualified owner: any person, firm, or corporation
- Qualifying use: stored at the North Carolina
seaport terminal through which imported for not more
than 12 months following importation
- Application procedure: annual
- Relief granted: exempt
Nonprofit Water and Sewer Associations
- Citation: G.S. 105-275(3)
- Qualifying property: all real and personal
property owned by qualified owner
- Qualified owner: nonprofit water or nonprofit
sewer associations or corporations
- Qualifying use: no restrictions
- Application procedure: one-time
- Relief granted: exempt
Disabled Veterans' Specially-Equipped
Vehicles
- Citation: G.S. 105-275(5)
- Qualifying property: vehicle given to qualified
owner by United States government on account of disabilities
suffered in World War II, the Korean Conflict, or
the Viet Nam Era
- Qualified owner: (1) disabled veteran of
World War II, the Korean Conflict, or the Viet Nam
Era receiving gift of qualifying property, or (2)
person entitled to receive gift of qualifying property
under 38 U.S.C. § 252
- Application procedure: no application required
- Relief granted: exempt
Special Nuclear Materials
- Citation: G.S. 105-275(6)
- Qualifying property: special nuclear fuels,
excluding source materials
- Qualified owner: any person, firm, or corporation
- Qualifying use: held by the manufacturer
or processor of the materials (whether or not the
owner) for the purpose of manufacture, processing,
or delivery, but not for the use of the materials
as fuel
- Special provisions: "Special nuclear materials"
and "source materials" defined. Property may become
disqualified if the manufacturer fails to observe
applicable health and safety standards and procedures.
- Application procedure: annual
- Relief granted: exempt
Public Parks and Drives
- Citation: G.S. 105-275(7)
- Qualifying property: all real and personal
property owned by qualified owner
- Qualified owner: (1) nonprofit corporation
formed under G.S. Ch. 55A, or (2) bona fide charitable
organization
- Qualifying use: operated by owner or leased
to another who would be qualified owner and appropriated
exclusively for public parks and drives
- Application procedure: one-time
- Relief granted: exempt
Pollution Abatement Property
- Citation: G.S. 105-275(8)a
- Qualifying property: Category 1: any real
or personal property; Category 2: waste lagoons and
facilities
- Qualified owner: Category 1: any person,
firm, or corporation; Category 2: public or private
utilities
- Qualifying use: Category 1: property used
or to be used exclusively for air cleaning or waste
disposal, or to abate, reduce, or prevent the pollution
of air or water; Category 2: facilities built and
installed primarily to provide sewer service to areas
that are predominantly residential in character or
lie outside a territory that already has sewer service.
- Special provisions: contingent on a certificate
from the Environmental Management Commission (or certified
local air pollution control program) that:
a. the property has been or will be constructed;
b. the property complies with EMC requirements;
c. the property will operate under an EMC permit;
and
d. the primary purpose of the property is pollution
abatement.
- Application procedure: annual
- Relief granted: exempt
Recycling & Resource Recovery
- Citation: G.S. 105-275(8)b
- Qualifying property: any real and personal
property used for qualifying use
- Qualified owner: any person, firm, or corporation
- Qualifying use: used or to be used exclusively
for recycling or resource recovering of or from solid
waste
- Special provisions: contingent on certificate
of Department of Human Resources that property has
been or will be constructed, complies with regulations
of DHR, and has as primary purpose recycling or recourse
recovering of or from solid waste
- Application procedure: annual
- Relief granted: exempt
Cotton Dust Emission Control Equipment
- Citation: G.S. 105-275(8)c
- Qualifying property: tangible personal property
- Qualified owner: any person, firm, or corporation
- Qualifying use: exclusively used or to be
used to prevent or reduce cotton dust inside a textile
plant, in accordance with the Occupational Safety
and Health Act (G.S. Ch. 95, art. 16)
- Special provisions: the Department of Revenue
is directed to adopt guidelines to aid in administering
the exclusion
- Application procedure: annual
- Relief granted: exempt
Protected Natural Area
- Citation: G.S. 105-275(12)
- Qualifying property: real property owned
by qualified owner
- Qualified owner: nonprofit corporation or
association
- Qualifying use: exclusively held and used
by owner for educational and scientific purposes as
a protected natural area
- Special provisions: "protected natural area"
defined
- Application procedure: one-time
- Relief granted: exempt
Motor Vehicle Chassis
- Citation: G.S. 105-275(14)
- Qualifying property: motor vehicle chassis
belonging to qualified owner
- Qualified owner: any nonresident individual
or corporation
- Qualifying use: temporarily in North Carolina
for purpose of having body mounted thereon
- Application procedure: none required
- Relief granted: exempt
Standing Timber
- Citation: G.S. 105-275(15)
- Qualifying property: standing timber, pulpwood,
seedlings, saplings, and other forest growth
- Qualified owner: any person, firm, or corporation
- Application procedure: none required
- Relief granted: exempt
Non-Business Personal Property
- Citation: G.S. 105-275(16)
- Qualifying property: personal property other
than motor vehicles, watercraft, motors for watercraft,
or aircraft
- Qualified owner: individual persons
- Qualifying use: personal use and not otherwise
used in connection with a business, trade or profession
for the production of income
- Application procedure: none required
- Relief granted: exempt
Veterans Organizations
- Citation: G.S. 105-275(17)
- Qualifying property: real and personal property
belonging to a qualified owner and additional adjacent
real property necessary for the convenient, normal
use of buildings on qualified property.
- Qualified owner:
1. American Legion, Veterans of Foreign
Wars, Disabled American Veterans 2. Similar veterans
organizations
a. chartered by Congress, or b. organized
and operated on a statewide or nationwide basis
3. any post or local organization of a qualifying
veterans organization
- Qualifying use: exclusively for meeting or
lodge purposes by the qualified owner; incidental
use for other purposes does not defeat exemption;
exemption prorated upon partial use for non-exempt
purpose. G.S. 14-309.7(d) provides that conduct of
bingo or raffles on property belonging to an organization
eligible for a bingo license does not affect eligibility
of the property for exemption or classification under
the Machinery Act.
- Application procedure: by custom, one-time
- Relief granted: exempt
Masonic Orders
- Citation: G.S. 105-275(18)
- Qualifying property: real and personal property
belonging to a qualified owner and additional adjacent
real property necessary for the convenient, normal
use of buildings on qualified property
- Qualified owner: Grand Lodge of Ancient Free
and Accepted Masons of North Carolina; Price Hall
Masonic Grand Lodge of North Carolina; subordinate
lodges and appendant bodies including Ancient and
Arabic Order Nobles of the Mystic Shrine and Ancient
Egyptian Order Nobles of the Mystic Shrine
- Qualifying use: exclusively for meeting or
lodge purposes by qualifying owner; incidental use
for other purposes does not defeat exemption; exemption
prorated upon partial use for non-exempt purpose.
G.S. 14-309.7(d) provides that conduct of bingo or
raffles on property belonging to an organization eligible
for a bingo license does not affect eligibility of
the property for exemption or classification under
the Machinery Act
- Application procedure: by custom, one-time
- Relief granted: exempt
Fraternal and Civic Orders
- Citation: G.S. 105-275(19)
- Qualifying property: real and personal property
belonging to a qualified owner and additional adjacent
real property necessary for the convenient, normal
use of buildings on qualified property
- Qualified owner: Loyal Order of Moose; Benevolent
and Protective Order of Elks; Knights of Pythias;
Odd Fellows; Woodmen of the World, and similar fraternal
and civic orders and organizations (other than social
fraternities and sororities and similar college, university,
or high school organizations) operated for nonprofit
benevolent, patriotic, historical, charitable, or
civic purposes
- Qualifying use: exclusively for meeting or
lodge purposes by qualified owner; incidental use
for other purposes does not defeat exemption; exemption
prorated upon partial use for non-exempt purposes.
G.S. 14-309.7(d) provides that conduct of bingo license
does not affect eligibility of the property for exemption
or classification under the Machinery Act.
- Application procedure: by custom, one-time
- Relief granted: exempt
Goodwill Industries
- Citation: G.S. 105-275(20)
- Qualifying property: real and personal property
belonging to qualified owner
- Qualified owner: Goodwill Industries and
other charitable organizations organized for training
and rehabilitation of disabled persons
- Qualifying use: exclusively for training
and rehabilitation, including commercial activities
directly related to such training and rehabilitation
- Application procedure: by custom, one-time
- Relief granted: exempt
Disabled Veterans' Housing
- Citation: G.S. 105-275(21)
- Qualifying property: first $38,000 in assessed
value of housing together with the necessary land
therefor
- Qualified owner: disabled veteran who receives
benefits under 38 U.S.C. § 801 [now codified as 38
U.S.C. § 2101]
- Qualifying use: owned and used as a residence
- Special provisions: "This exclusion shall
be the total amount of the exclusion applicable to
such property."
- Application procedure: by custom, one-time
- Relief granted: first $38,000 in assessed
value is exempt
Domestic Property Held in Foreign Trade
Zone
- Citation: G.S. 105-275(23)
- Qualifying property: tangible personal property
produced in the United States and held in a Foreign
Trade Zone either in its original form or as altered
by manufacture, processing, assembly, grading, cleaning,
or mixing
- Qualified owner: any person, firm, or corporation
- Qualifying use: held for export
- Application procedure: annual
- Relief granted: exempt
Imported Property in Foreign Trade Zone
- Citation: G.S. 105-275(23)
- Qualifying property: tangible personal property
imported from outside the United States and held in
a Foreign Trade Zone
- Qualified owner: any person, firm, or corporation
- Qualifying use: held for purpose of sale,
manufacture, processing, assembly, grading, cleaning,
mixing, or display
- Application procedure: annual
- Relief granted: exempt
Cargo Containers
- Citation: G.S. 105-275(24)
- Qualifying property: cargo containers and
chassis, defined as non-adjustable receptacles of
a permanent character, strong enough for repeated
use, specially designed to facilitate the carriage
of goods by one or more modes of transport (one of
which must be by ocean vessel) without intermediate
reloadings, fitted with devices permitting its ready
handling, particularly in the transfer from one transport
mode to another
- Qualified owner: any person, firm, or corporation
- Qualifying use: transportation of cargo by
vessels in ocean commerce
- Application procedure: annual
- Relief granted: exempt
Repaired Personal Property
- Citation: G.S. 105-275(25)
- Qualifying property: tangible personal property
shipped into North Carolina from another state or
nation
- Qualified owner: any nonresident of North
Carolina
- Qualifying use: held in North Carolina for
the purpose of repair, alteration, maintenance or
servicing and eventual reshipment to the owner at
a point outside North Carolina
- Special provisions: does not include raw
materials, supplies, or goods in process of manufacture
- Application procedure: annual
- Relief granted: exempt
Bill and Hold Goods
- Citation: G.S. 105-275(26)
- Qualifying property: tangible personal property
manufactured in North Carolina "for the account" of
a qualifying owner
- Qualified owner: a nonresident customer of
a North Carolina manufacturer
- Qualifying use: held by the manufacturer
for shipment [to a destination either in-state or
out-of-state]
- Special provisions: effective for the tax
year immediately following transfer of title to the
goods from the manufacturer to the buyer
- Application procedure: none required
- Relief granted: exempt
Historic Preservation Easements
- Citation: G.S. 105-275(29)
- Qualifying property: real property and easements
- Qualified owner: any nonprofit historical
association or institution, or any nonprofit corporation
organized for historic preservation purposes.
- Qualifying use: exclusively held and used
for nonprofit historic preservation purposes, or exclusively
held for sale under an historic preservation agreement
prepared and recorded pursuant to the Conservation
and Historic Preservation Agreements Act (G.S. Ch.
121, art. 4)
- Application procedure: annual
- Relief granted: exempt
Historic Landmark Sites
- Citation: G.S. 105-275(29a)
- Qualifying property: Land within an historic
district.
- Qualifying owner: A nonprofit corporation
organized for historic preservation purposes.
- Qualifying use: Held by owner for use as
future site for an historic structure to be moved
to the site from another location.
- Relief granted: Exclusion from the tax base
for up to five years pending moving of an historic
structure to the site.
- Special provisions: Taxes that would have
been otherwise due on the property are carried forward
as deferred taxes for up to five years; if property
becomes ineligible deferred taxes for current and
prior five years become due.
Money
- Citation: G.S. 105-275(31)
- Qualifying property: money, whether on hand
or on deposit in a bank, credit union, savings and
loan association, or with an insurance company
- Qualified owner: anyone
- Application procedure: no statutory provisions
- Relief granted: exempt
Residential Retirement Communities
- Citation: G.S. 105-275(32)
- Qualifying property: Real and personal property
used in the operation of a self-contained community
operated as a home for the aged, sick, or infirm that
is 1. designed for elderly residents, and 2. includes
a skilled nursing facility, an intermediate care facility,
or a home for the aged, and 3. includes residential
dwelling units, recreational facilities, and service
facilities
- Qualified owner: A corporation meeting the
following criteria: 1. exempt from North Carolina
income tax, and 2. the corporate charter provides
that upon dissolution its assets will revert or be
conveyed to an entity organized exclusively for charitable,
educational, scientific, or religious purposes and
which qualifies for exemption from federal income
taxation under Sec. 501(c)(3) of the Internal Revenue
Code of 1986, and 3. the corporation has an active
program to generate funds from gifts to assist in
serving persons who might not be able to reside in
the facility without financial assistance or subsidy
- Qualifying use: The property is owned, operated,
and managed by one of the following:
1. a local unit of a church or religious
body, or 2. a regional unit of a church or religious
body, or 3. a Masonic organization covered by G.S.
105-275(18), or 4. a nonprofit corporation whose
board of directors meets the following criteria:
a. a majority of the members elected
for terms beginning before December 31, 1987,
were chosen or confirmed by one of the entities
listed in paragraph 1-3, above, or an entity that
is organized for a religious purpose as defined
in G.S. 105-278.3(d)(1), and b. all of the members
elected for terms beginning after December 31,
1987, were chosen or confirmed by one of the entities
listed in paragraph 1-3, above, or an entity that
is organized for a religious purpose as defined
in G.S. 105-278.3(d)(1)
- Application provisions: annual
- Relief granted: exempt
- Special provisions: enacted June 12, 1987,
to take effect retroactively to January 1, 1987, and
to apply to pending litigation
Contractor's Inventory
- Citation: G.S. 105-275(32a)
- Qualifying property: inventories, as defined
in G.S. 105-273(8a)
- Qualifying owner: contractors, as defined
in G.S. 105-273(5a)
- Qualifying use: no special provisions
- Relief granted: exempt
- Application procedure: none required, pursuant
to G.S. 105-282.1(a)(2)
Manufacture's Inventory
- Citation: G.S. 105-275(33)
- Qualifying property: inventories, as defined
in G.S. 105-273(8a)
- Qualifying owner: merchants, manufacturers,
and contractors as defined in G.S. 105-273(10a)
- Qualifying use: no special provisions
- Relief granted: exempt
- Application procedure: none required, pursuant
to G.S. 105-282.1(a)(2)
Retail and Wholesale Merchants' Inventory
- Citation: G.S. 105-275(34)
- Qualifying property: inventories, as defined
in G.S. 105-273(8a)
- Qualifying owner: retail merchants, as defined
in G.S. 105-273(13a), and wholesale merchants, as
defined in G.S. 105-273(19)
- Qualifying use: no special provisions
- Relief granted: exempt
- Application procedure: none required, pursuant
to G.S. 105-282.1(a)(2)
Severable Development Rights
- Citation: G.S. 105-275(35)
- Qualified property: severable development
rights, as defined in G.S. 136-66.11(a)
- Qualified owner: anyone
- Qualified use: no special provisions
- Relief granted: exempt
- Application requirements: no specific provision
Radioactive Waste Disposal Authority
- Citation: G.S. 105-275(36)
- Qualifying property: all real and personal
property belonging to qualified owner
- Qualifying owner: North Carolina Low-Level
Radioactive Waste Management Authority
- Qualifying use: no special provisions
- Relief granted: exempt
- Application requirements: no specific provision
Poultry and Livestock
- Citation: G.S. 105-275(37)
- Qualifying property: poultry, livestock,
and feed
- Qualifying owner: anyone
- Qualifying use: with respect to poultry and
livestock, no restrictions. With respect to feed,
must be used in production of poultry and livestock.
- Relief granted: exempt
- Application requirements: no specific provision
Hazardous Waste Management Commission
- Citation: G.S. 105-275(38)
- Qualifying property: all real and personal
property belonging to the qualified owner
- Qualified owner: North Carolina Hazardous
Waste Management Authority
- Qualifying use: none specified
- Relief granted: exempt
- Application requirements: no specific provision
Certain Property Leased To Local Governments
- Citation: G.S. 105-275(39)
- Qualifying property: all real and personal
property belonging to qualified owner that (1) is
leased to a unit of local government, and (2) meets
the qualifying use test
- Qualifying owner: a nonprofit corporation
organized upon the request of a unit of local government
for the sole purpose of financing projects for public
use
- Qualifying use: used wholly or partially
for a public purpose by the lessee unit of local government
- Relief granted: exempt
- Application requirements: one-time application
required
- Special provisions: Proration required if
only part of the property is used for public purposes.
Exclusion does not apply if any dividends or other
distributions are paid to any members, officers, or
directors of the owning corporation.
Computer Software
- Citation: G.S. 105-275(40)
- Qualifying property: computer software and
related documentation
- Qualified owner: any taxpayer
- Qualifying use: no use requirement imposed
- Relief granted: exempt
- Application procedure: no application for
exclusion required.
- Special provisions: the exclusion does not
apply to (1) embedded software or (2) software acquired
from a person unrelated to the taxpayer and capitalized
on taxpayer's books.
Intangible Personal Property
- Citation: G.S. 105-276
- Qualifying property: (1) money on deposit
in banks, formerly taxed under G.S. 105-199; (2) money
on hand, formerly taxed under G.S. 105-200; (3) accounts
receivable, taxed under G.S. 105-201; (4) bonds, notes,
and other evidences of debt, taxed under G.S. 104-202;
(5) shares of stock, taxed under G.S. 105-203; (6)
beneficial interests in foreign trusts, taxed under
G.S. 105-204; (7) funds on deposit with insurance
companies, taxed under G.S. 105-205
- Qualified owner: any person, firm, or corporation
- Special provisions: All intangible personal
property not included in classified categories is
subject to local assessment and taxation. Intangible
personal property of public service companies is to
be included in system property valuation, provided
proper adjustment is made to prevent duplicate taxation.
- Application procedure: none required
- Relief granted: taxation by State on behalf
of local governments at special rates
Fertilizer
- Citation: G.S. 105-277(d)
- Qualifying property: fertilizer and fertilizer
materials
- Qualified owner: any person, firm, association
or corporation owing debt to another as principal
debtor for purchase of qualifying property
- Qualifying use: held for qualified owner's
own use in agriculture during current year
- Application procedure: annual
- Relief granted: amount of bona fide indebtedness
incurred by qualified owner in purchase of qualifying
property deducted from appraised value
Cotton Pledged as Collateral
- Citation: G.S. 105-277(d)
- Qualifying property: cotton
- Qualified owner: any person, firm, or corporation
- Qualifying use: held in North Carolina for
manufacturing or processing in this State and pledged
as collateral to secure debt incurred in purchase
of qualifying property
- Application procedure: annual
- Relief granted: amount of bona fide indebtedness
incurred by owner directly for purchase of qualifying
deducted from appraised value
Solar Energy Systems
- Citation: G.S. 105-277(g)
- Qualifying property: buildings equipped with
a solar energy heating or cooling system, or both
- Qualified owner: any person, firm, or corporation
- Special provisions: "system" defined
- Application procedure: none required
- Relief granted: assessed in accordance with
county's schedules of value for buildings equipped
with conventional heating or cooling systems, with
no additional value assigned for the difference in
cost between solar energy heating or cooling system
and conventional system typically found in the county
Private Water Companies
- Citation: G.S. 105-277(h)
- Qualifying property: all real and personal
property of qualified owner
- Qualified owner: privately owned water companies
- Application procedure: none required
- Relief granted: in appraising qualified property,
the portion of the capital investment of the company
represented by contributions in aid of construction
and acquisition adjustment shall be excluded.
Farm Products Held by Cooperatives
- Citation: G.S. 105-277.01
- Qualifying property: farm products (including
crops but excluding poultry and other livestock) held
by or for qualified owner
- Qualified owner: cooperative stabilization
or marketing association or corporation
- Qualified owner: delivered, conveyed, or
assigned to qualified owner by original producer for
purposes of sale
- Application procedure: annual
- Relief granted: to be assessed at appraised
value less amount of any unpaid loan or advance made
or granted thereon by the United States government
or agency thereof, or a cooperative stabilization
or marketing association or corporation
Elderly and Disabled Exclusion
- Citation: G.S. 105-277.1
- Qualifying property: first $15,000 in aggregate
assessed value of residential real property or a manufactured
home
- Qualified owner: North Carolina resident
individual with disposable income for preceding calendar
year of not more than $11,000 who is either 65 years
of age or older or totally and permanently disabled
- Qualifying use: occupied by owner as permanent
residence
- Special provisions: Contains definitions
of: "owner," "income," "permanent residence," "totally
and permanently disabled." Makes special provision
for (1) temporary absence because of illness; (2)
computing disposable income for married individuals
living with spouse; (3) limiting to $15,000 total
exclusion applicable to one residence; and (4) prorating
exclusion among co-owners other than husband and wife.
- Application procedure: one-time application.
Special notice and application form to be printed
on abstract or furnished separately. Disabled applicants
required to furnish medical certification at time
of first application.
Use-Value Appraisal
- Citation: G.S. 105-277.2
- Qualifying property:
1. Agricultural land: farm units consisting
of one or more tracts, one of which has at least
10 acres of land in actual production, including
woodland and wasteland that is part of the unit
and land under improvements, but not including buildings.
2. Horticultural land: horticultural units consisting
of one or more tracts, one of which has at least
5 acres of land in actual production, including
woodland and wasteland that is part of the unit
and land under improvements, but not including buildings.
3. Forest land: forest land consisting of one or
more tracts, one of which consists of at least 20
acres in actual production, including wasteland
that is part of the unit, excluding land that is
part of a farm [or horticultural] unit.
- Qualified owner: an individual or business
entity coming within one or more of the following
categories:
A. Individuals who meet one of the following
criteria:
1. The owner residesresides on the property
2. The owner has owned the property for the previous
four years as of January 1 of the first year for
which eligibility is claimed. 3. The owner acquired
the property from a relative (as defined), and
the property has been owned by the current owner
and a relative for the previous four years as
of January 1 of the first year for which eligibility
is claimed. 4. The owner already owns other land
eligible for use-value when the property for which
eligibility is sought is acquired
B. A business entity that meets all of the following
criteria:
1. The principal business of the entity
is agriculture, horticulture, or forestry. 2.
All of the members of the business entity are
(a) individual persons actively engaged
in the business of the entity, or (b) a relative
of an individual person who is actively engaged
in the business of the entity.
3. The property for which eligibility is sought
has been owned for the four previous years by
the corporation itself or by one or more of its
principal shareholders, or was subject to or eligible
for use-value appraisal in the hands of the former
owner at the time it was acquired by the entity.
C. A trust that meets one of the following criteria:
1. The trust was created by a natural
person who transferred land to the trust. 2. Each
of the beneficiaries of the trust entitled to
receive current distributions of principal or
income meets one of the following conditions:
(a) The beneficiary is the creator
of the trust or the creator's relative; or (b)
The beneficiary is a second trust whose beneficiaries
are all either the creator of the first trust
or the creator's relative.
D. A testamentary trust that meets all of the following
criteria:
1. The trust was created by a natural
person who transferred land qualified for use-value
to the trust. 2. The creator of the trust had
no relatives (as defined in the use-value statute)
at the time of death. 3. The trust income (less
administrative expenses) is used exclusively for
educational, scientific, literary, cultural, charitable,
or religious purposes.
- Qualifying use:
1. agricultural units meeting all of the
following criteria:
a. actively engaged in commercial production
of growing crops, plants or animals b. gross income
from sale of agricultural products produced thereon
(including government payments for soil conservation
or land retirement) averaging $1,000 per year
over the three prior years c. managed under a
program of production designed to obtain the greatest
net return from the land consistent with conservation
and long-term development ("sound management program")
2. horticultural units meeting all of the following
criteria:
a. actively engaged in commercial production
of fruits, vegetables, nursery or floral stock
b. gross income from sale of horticultural products
produced thereon (including government payments
for soil conservation or land retirement) averaging
$1,000 per year over the three prior years c.
managed under a program of production designed
to obtain the greatest net return from the land
consistent with conservation and long-term development
("sound management program")
3. forest land meeting all of the following criteria:
a. actively engaged in the commercial growing of
trees b. managed under a program of production designed
to obtain the greatest net return from the land
consistent with conservation and long-term development
("sound management program")
- Special provisions:
A. "Relative" is defined to include the
following persons:
1. A spouse or a spouse's lineal ancestor
or descendant; 2. A lineal ancestor or descendant;
3. A brother or sister or the lineal descendant
of a broth or sister (including stepbrothers and
stepsisters). 4. An aunt or an uncle (but not
lineal descendants of aunts or uncles). 5. A spouse
of any of the above (but not lineal descendants
of spouses other than the owner's own spouse).
B. "Business entity" is defined to include corporations,
general partnerships, limited partnerships, and
limited liability companies. C. Enrollment in federal
Conservation Reserve Program does not disqualify
otherwise eligible land solely on grounds that land
is not in actual production; and income from CRP
may be used in meeting income requirements; CRP
land is to be treated as agricultural land if planted
in vegetation other than trees, or as forest land
if planted in trees; and disqualification of CRP
land due to failure to meet income requirement does
not trigger deferred tax provisions. D. Special
rules apply to gross income requirement applicable
to horticultural land used to produce Christmas
trees.
- Application procedure: one-time, but assessor
is required to audit one-eighth of eligible units
annually to verify continued eligibility
- Relief granted: Qualifying property is assessed
for taxation at use-value rather than market value.
The difference between taxes due under market value
appraisal and those assessed under use value appraisal
are deferred so long as the property remains eligible
for use-value appraisal. When eligibility is lost,
deferred taxes for the three prior years (including
interest) become due and payable and taxes for the
current year are due on the market value appraisal.
Deferred taxes are extinguished when use-value land
is conveyed by gift to (1) a governmental entity or
(2) non-profit corporation qualified for exclusion
of its real property under G.S. 105-275(12) [protected
natural areas] or G.S. 105-275(29) historic preservation].
Property of Homeowners Associations
- Citation: G.S. 105-277.8
- Qualifying property: any real and personal
property
- Qualified owner: any nonprofit homeowners'
association, as defined by § 528(c) of the Internal
Revenue Code.
- Qualifying use: use of the property meets
all of the following criteria:
a. all property owned by the association
is held for the use, benefit, and enjoyment of all
its members equally; b. each member has an irrevocable
right to use and enjoy, on an equal basis, all of
the associations; c. each such right is appurtenant
to taxable real property owned by a member of the
association.
- Application procedure: one-time
- Relief granted: Value of the property is
to be included in appraisals of property owned by
members of the association and not assessed to the
association; the assessor may allocate the value of
the property among the association's members on any
fair and reasonable basis.
Roadway Corridors
- Citation: G.S. 105-277.9
- Qualifying property: real property lying
within a roadway corridor marked on an official map
filed under G.S. Ch. 136, Art. 2E
- Qualified owner: anyone
- Qualifying use: No building or other structure
located on the property, and property has not been
subdivided since it was included in the corridor.
- Relief granted: taxation at 20% of the rate
applicable to property generally
- Application procedure: annual
Precious Metals
- Citation: G.S. 105-277.10
- Qualifying property: precious metals, including
rhodium and platinum
- Qualifying owner: manufacturer
- Qualifying use: held for use directly in
manufacturing or processing
- Relief granted: special appraisal instructions
- Special provisions: one-time application
required; approved application covers after-acquired
property as well.
Historic Property
- Citation: G.S. 105-278
- Qualifying property: real property designated
as an historic landmark by a local ordinance adopted
pursuant to G.S. 160A-400.6
- Qualified owner: any person, firm, or corporation
- Qualifying use: no restrictions
- Application procedure: one-time
- Relief granted: assessment at 50% of appraised
value. Taxes due under full-value assessment are computed
but deferred while property remains eligible. Upon
losing eligibility for reason other than damage or
destruction by fire or other natural disaster, deferred
taxes for three prior years (including interest) become
due and payable.
Property of Federal Government
- Citation: G.S. 105-278.1(a)
- Qualifying property: real and personal property
owned by qualified owner
- Qualified owner: United States of America
and all departments, institutions, and agencies thereof
- Qualifying use: no restrictions
- Special provisions: only federally owned
property not subject to State and local taxes "by
virtue of federal law" included in the class
- Application procedure: none required
- Relief granted: exempt
Property of State and Local Governments
- Citation: G.S. 105-278.1(b)
- Qualifying property: all real and personal
property of qualified owner
- Qualified owner:
1. State of North Carolina 2. a county
of this state 3. a municipality of this state
- Qualifying use: no restrictions
- Application procedure: none required
- Relief granted: exempt
Cemeteries
- Citation: G.S. 105-278.2
- Qualifying property: real property set apart
for qualifying use
- Qualified owner: any person, firm, or corporation
- Qualifying use: burial purposes, but not
held for purposes of (a) sale or rental, or (b) sale
of burial rights
- Application procedure: none required
- Relief granted: exempt
- Special provisions: assessor is required
to consider the following factors in assessing the
property:
1. effect on value by division and development
into burial plots; 2. whether property is irrevocably
dedicated for human burial purposes by recorded
plat; and 3. whether owner is prohibited or restricted
by law or otherwise from selling, mortgaging, leasing,
or encumbering the property.
Religious Property
- Citation: G.S. 105-278.3
- Qualifying property: buildings, the land
they actually occupy, and additional adjacent land
reasonably necessary for the convenient use of any
such building, and personal property, wholly owned
by a qualified owner.
- Qualified owner: (1) a congregation, parish,
mission, or similar local unit of a church or religious
body, or (2) a conference, association, presbytery,
diocese, district, synod, or similar unit comprising
local units of a church or religious body
- Qualifying use:
1. wholly and exclusively used by the
owner for religious purposes, i.e.
a. any purpose pertaining to practicing,
teaching, and setting forth a religion b. worship
c. activities that demonstrate and further the
benefits and objectives of a given church or religious
body d. as to qualified owners in category (2),
above, maintenance of general or promotional office
or headquarters e. residences for clergy, rabbis,
priests or nuns assigned to or serving a qualified
owner, but specifically not including maintenance
of residences for other employees f. residences
for clergy on furlough or unassigned
2. use of portion of otherwise qualifying property
as residence for individual who
a. provides guardian, janitorial, or
custodial services for the property, or b. oversees
and supervises qualifying activities upon and
in connection with the property
3. parking, when the total revenue from such use
does not exceed the portion of maintenance expenses
reasonably estimated to be attributable to such
use 4.
gratuitously occupied by or made available to an
occupant or possessor other than the owner who uses
the property wholly and exclusively for religious,
charitable, or nonprofit educational, literary,
scientific, or charitable purposes.
5. incidental use for other purposes does not defeat
exemption; exemption prorated upon partial use for
non-exempt purpose
6. G.S. 14-309.7(d) provides that conduct of bingo
or raffles on property belonging to an organization
eligible for a bingo license does not affect eligibility
of the property for exemption or classification
under the Machinery Act.
- Definitions: religious purpose; charitable
purpose; educational purpose, literary purpose; cultural
purpose; scientific purpose
- Application procedure: one-time
- Relief granted: exempt
Educational Institutions
- Citation: G.S. 105-278.4
- Qualifying property:
1. Buildings, the land they actually occupy,
and additional adjacent land reasonably necessary
to the convenient use of any such building. 2. Land
(exclusive of improvements), improvements other
than buildings, land actually occupied by improvements,
and additional adjacent land reasonably necessary
to the convenient use of any such improvements.
3. As to both buildings and land, of a kind commonly
employed in the performance of activities naturally
and properly incident to the operation of an educational
institution such as the owner. 4. Personal property
- Qualified owner:
1. As to buildings, above, nonprofit educational
institutions 2. As to land, nonprofit educational
institutions owning qualified buildings 3. As to
personal property, a church or religious body or
a nonprofit educational institution owning qualified
buildings and land.
- Qualifying use:
1. as to land and buildings,
a. wholly and exclusively used by the
owner for educational purposes, or b. occupied
gratuitously by another nonprofit educational
institution and wholly and exclusively used by
the occupant for nonprofit educational purposes
2. as to personal property,
a. wholly and exclusively used by the
owner for educational purposes, or b. held gratuitously
by a church, religious body, or nonprofit educational
institution and exclusively used for nonprofit
educational purposes by the possessor
3. incidental use for other purposes does not defeat
exemption; exemption prorated upon partial use for
non-exempt purpose
4. operation of golf course, tennis court, sports
area, or similar facilities is deemed an educational
purpose regardless of the extent to which such facilities
may be used by the general public.
5. G.S. 14-309.7(d) provides that conduct of bingo
or raffles on property belonging to an organization
eligible for a bingo license does not affect eligibility
of the property for exemption or classification
under the Machinery Act.
- Definitions: educational purpose; illustrative
list of educational institutions
- Application procedure: one-time
- Relief granted: exempt
Religious Educational Assemblies
- Citation: G.S. 105-278.5
- Qualifying property: buildings, the land
they actually occupy, and additional adjacent land
reasonably necessary for the convenient use of any
such building, of a kind commonly employed in those
activities naturally and property incident to the
operation of a religious educational assembly such
as the owner, and personal property
- Qualified owner: religious educational assembly,
retreat, or similar organizations, no officer, shareholder,
member or employee of which or any other person entitled
to receive pecuniary profit from owner's operations
except reasonable compensation for services
- Qualifying use: As to real property, wholly
and exclusively used for religious worship or purposes
of instruction in religious education; as to personal
property, exclusively maintained and used in connection
with qualifying real property; incidental use for
other purposes does not defeat exemption; exemption
prorated upon partial use for non-exempt purpose.
G.S. 14-309.7(d) provides that conduct of bingo or
raffles on property belonging to an organization eligible
for a bingo license does not affect eligibility of
the property for exemption or classification under
the Machinery Act.
- Application procedure: one-time
- Relief granted: exempt
Charitable Purposes
- Citation: G.S. 105-278.6
- Qualifying property: real and personal property
owned by a qualified owner
- Qualified owner: the following agencies so
long as they are not organized or operated for profit:
1. YMCA or similar organization 2. home
for the aged, sick, or infirm 3. orphanage or similar
home 4. SPCA 5. reformatory or correctional institution
6. monastery, convent, or nunnery 7. nonprofit,
life-saving, first aid or rescue squad organization
8. nonprofit corporation providing housing for individuals
or families with low or moderate income
- Qualifying use: (1) as to real property actually
and exclusively occupied and used for charitable purposes;
(2) as to personal property, entirely and completely
used for charitable purposes; (3) incidental use for
other purposes does not defeat exemption; exemption
prorated upon partial use for non-exempt purpose.
G.S. 14-309.7(d) provides that conduct of bingo or
raffles on property belonging to an organization eligible
for a bingo license does not affect eligibility of
the property for exemption or classification under
the Machinery Act.
- Definitions: charitable purpose
- Application procedure: one-time
- Relief granted: exempt
- Special provisions: Property held by an organization
providing housing for low- or moderate-income individuals
as a future site for such housing qualifies for exemption,
subject to a lien for deferred taxes. If housing units
are constructed on the property within five years,
the lien is extinguished; otherwise after five years
the deferred taxes become due and payable with interest
from the original due date.
Educational/Scientific/Literary/Charitable
Property
- Citation: G.S. 105-278.7
- Qualifying property: buildings, the land
they actually occupy, and additional adjacent land
reasonably necessary for the convenient use of any
such building, and personal property, wholly owned
by a qualified owner
- Qualified owner: one of the following agencies:
1. charitable association or institution
2. historical association or institution 3. veterans'
organization or association 4. scientific association
or institution 5. literary association or institution
6. benevolent association or institution 7. nonprofit
community or neighborhood organization
- Qualifying use: wholly and exclusively used
by its owner for nonprofit educational, scientific,
literary, or charitable purposes, or gratuitously
occupied by or made available to one who would be
a qualified owner and wholly and exclusively used
by the occupant for nonprofit educational, scientific,
literary, or charitable purposes; incidental use for
other purposes does not defeat exemption; exemption
prorated upon partial use for non-exempt purpose.
G.S. 14-309.7(d) provides that conduct of bingo or
raffles on property belonging to an organization eligible
for a bingo license does not affect eligibility of
the property for exemption or classification under
the Machinery Act.
- Definitions: educational purpose; scientific
purpose; literary purpose; charitable purpose
- Application procedure: one-time
- Relief granted: exempt
Charitable Hospitals
- Citation: G.S. 105-278.8
- Qualifying property: real and personal property
held for or owned by qualified owner
- Qualified owner: hospital organized and operated
as a non-stock, nonprofit, charitable institution
(without profit to members or their successors)
- Qualifying use: actually and exclusively
used for charitable hospital purposes; exemption prorated
upon partial use for non-exempt purpose
- Definitions: charitable hospital purpose
- Other special provisions: fact that qualifying
hospital charges patients who are able to pay for
services rendered does not defeat exemption
- Application procedure: one-time
Antique Automobiles
- Citation: G.S. 105-330.9.
- Qualifying property: An automobile that is
registered and has a historic vehicle special license
plate.
- Qualified owner: Must be an individual.
- Qualifying use: Is maintained primarily for
use in exhibitions, club activities, parades, and
other public interest functions and only occasionally
for other purposes, and is used by the owner for purposes
other than production of income and not in connection
with a business. Relief granted: Is assessed at the
lower of market value or $500.
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