13 | | - | AN ACT TO DIRECT THE REVENUE LAWS STUDY COMMITTEE TO EXAMINE THE 2 |
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14 | | - | CURRENT PROPERTY TAX RELIEF PROGRAMS FOR ELDERLY, DISABLED, AND 3 |
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15 | | - | DISABLED VETERAN HOM EOWNERS; TO EVALUATE WHETHER ANY 4 |
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16 | | - | MODIFICATIONS SHOULD BE MADE TO REDUCE THE PROPERTY TAX BURDEN 5 |
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17 | | - | ON THOSE HOMEOWNERS; TO CONSIDER OTHER PROPERTY TAX REFORMS; 6 |
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18 | | - | AND TO REPORT ITS FINDINGS AND RECOMMEND ATIONS, IF ANY, TO THE 2026 7 |
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19 | | - | REGULAR SESSION OF THE GENERAL ASSEMBLY. 8 |
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20 | | - | The General Assembly of North Carolina enacts: 9 |
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21 | | - | SECTION 1. The Revenue Laws Study Committee is directed to study options for 10 |
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22 | | - | enhancing the property tax relief currently afforded to low-income, elderly, and disabled citizens 11 |
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23 | | - | and disabled veterans and consider other property tax reforms that may reduce the property tax 12 |
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24 | | - | burden while balancing the potential impact on local government revenues. In conducting the 13 |
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25 | | - | study, the Committee may do the following: 14 |
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26 | | - | (1) Examine the following property tax relief programs currently available for 15 |
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27 | | - | certain homeowners: (i) elderly or disabled property tax homestead exclusion 16 |
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28 | | - | (G.S. 105-277.1), (ii) property tax homestead circuit breaker 17 |
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29 | | - | (G.S. 105-277.1B), and (iii) disabled veteran property tax homestead 18 |
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30 | | - | exclusion (G.S. 105-277.1C). 19 |
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31 | | - | (2) Evaluate options that could provide additional property tax relief under the 20 |
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32 | | - | programs listed in subdivision (1) of this section, such as: 21 |
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33 | | - | a. Increasing the exclusion amounts. 22 |
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34 | | - | b. Increasing the income threshold or examining the definition of 23 |
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35 | | - | "income." 24 |
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36 | | - | c. With respect to the circuit breaker, modifying the deferred tax 25 |
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37 | | - | obligation or the age and disability requirements, raising the income 26 |
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38 | | - | limit, or tying the income limit to a percentage of area median income. 27 |
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39 | | - | (3) Consider mechanisms that would expand property tax relief to homeowners 28 |
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40 | | - | more broadly, such as limiting year-to-year property tax increases and 29 |
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41 | | - | valuation growth, providing homeowners with alternative payment plans, or 30 |
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42 | | - | implementing methods, such as annual statistical adjustments, to capture 31 |
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43 | | - | year-over-year property valuation changes to minimize the impact of 32 |
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44 | | - | reappraisals. 33 |
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45 | | - | (4) Examine the uniformity requirement in Article V, Section 2 of the North 34 |
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46 | | - | Carolina Constitution and evaluate whether to amend the North Carolina 35 General Assembly Of North Carolina Session 2025 |
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47 | | - | Page 2 House Bill 432-Second Edition |
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48 | | - | Constitution to allow counties the option of making one or more of these 1 |
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49 | | - | changes at the local level. 2 |
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50 | | - | (5) Consider the positive and negative impacts on local government ad valorem 3 |
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51 | | - | tax revenues of providing additional property tax relief and whether the State 4 |
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52 | | - | should reimburse local governments or provide local governments with 5 |
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53 | | - | additional revenue-generating authority to backfill lost revenue due to 6 |
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54 | | - | enhanced property tax relief. As part of this consideration, the Committee may 7 |
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55 | | - | seek input from the North Carolina Association of County Commissioners or 8 |
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56 | | - | the North Carolina League of Municipalities. 9 |
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57 | | - | (6) Review property tax relief programs in other states. 10 |
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58 | | - | The Committee may consult with any other relevant State, local, or private entity in 11 |
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59 | | - | conducting the study required by this act. The Committee must report its findings, along with 12 |
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60 | | - | any legislative recommendations, to the 2026 Regular Session of the 2025 General Assembly. 13 |
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61 | | - | SECTION 2. This act is effective when it becomes law. 14 |
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| 15 | + | AN ACT TO INCREASE T HE EXCLUSION AMOUNT UNDER THE ELDERLY OR 2 |
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| 16 | + | DISABLED PROPERTY TA X HOMESTEAD EXCLUSIO N, TO EXPAND THE 3 |
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| 17 | + | DISABLED VETERAN PRO PERTY TAX HOMESTEAD EXCLUSION, TO CREATE 4 |
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| 18 | + | THE HOMEOWNER ADVANT AGE PROPERTY TAX REL IEF PROGRAM AND THE 5 |
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| 19 | + | ELDERLY PROPERTY TAX HOMESTEAD CIRCUIT BREAKER PROGRAM AND T O 6 |
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| 20 | + | MAKE CONFORMING CHAN GES NECESSARY TO IMP LEMENT THOSE 7 |
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| 21 | + | PROGRAMS, AND TO CRE ATE EXEMPTIONS TO TH E FORCED SALE OF A 8 |
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| 22 | + | HOMESTEAD. 9 |
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| 23 | + | The General Assembly of North Carolina enacts: 10 |
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| 24 | + | SECTION 1.(a) G.S. 105-277.1 reads as rewritten: 11 |
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| 25 | + | "§ 105-277.1. Elderly or disabled property tax homestead exclusion. 12 |
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| 26 | + | (a) Exclusion. – A permanent residence owned and occupied by a qualifying owner is 13 |
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| 27 | + | designated a special class of property under Article V, Sec. 2(2) of the North Carolina 14 |
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| 28 | + | Constitution and is taxable in accordance with this section. The amount of the appraised value of 15 |
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| 29 | + | the residence equal to the exclusion amount is excluded from taxation. The exclusion amount is 16 |
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| 30 | + | the greater of twenty five thousand dollars ($25,000) (i) fifty thousand dollars ($50,000) or (ii) 17 |
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| 31 | + | fifty percent (50%) of the appraised value of the residence. An owner who receives an exclusion 18 |
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| 32 | + | under this section may not receive other property tax relief. 19 |
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| 33 | + | … 20 |
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| 34 | + | (a2) Income Eligibility Limit. – For the taxable year beginning on July 1, 2008, 2026, the 21 |
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| 35 | + | income eligibility limit is twenty-five thousand dollars ($25,000). forty-eight thousand dollars 22 |
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| 36 | + | ($48,000). For taxable years beginning on or after July 1, 2009, 2027, the income eligibility limit 23 |
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| 37 | + | is the amount for the preceding year, adjusted by the same percentage of this amount as the 24 |
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| 38 | + | percentage of any cost-of-living adjustment made to the benefits under Titles II and XVI of the 25 |
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| 39 | + | Social Security Act for the preceding calendar year, rounded to the nearest one hundred dollars 26 |
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| 40 | + | ($100.00). On or before July 1 of each year, the Department of Revenue must determine the 27 |
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| 41 | + | income eligibility amount to be in effect for the taxable year beginning the following July 1 and 28 |
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| 42 | + | must notify the assessor of each county of the amount to be in effect for that taxable year. 29 |
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| 43 | + | (b) Definitions. – The following definitions apply in this section: 30 |
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| 44 | + | … 31 |
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| 45 | + | (3a) Property tax relief. – The property tax homestead exclusion provided in this 32 |
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| 46 | + | section, the property tax homestead circuit breaker provided in 33 |
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| 47 | + | G.S. 105-277.1B, or the disabled veteran property tax homestead exclusion 34 General Assembly Of North Carolina Session 2025 |
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| 48 | + | Page 2 House Bill 432-First Edition |
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| 49 | + | provided in G.S. 105-277.1C.G.S. 105-277.1C, the homeowner advantage 1 |
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| 50 | + | property tax relief provided in G.S. 105-277.1E, or the elderly property tax 2 |
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| 51 | + | homestead circuit breaker provided in G.S. 105-277.1G. 3 |
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| 52 | + | …." 4 |
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| 53 | + | SECTION 1.(b) G.S. 105-277.1C reads as rewritten: 5 |
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| 54 | + | "§ 105-277.1C. Disabled veteran property tax homestead exclusion. 6 |
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| 55 | + | (a) Classification. – A permanent residence owned and occupied by a qualifying owner 7 |
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| 56 | + | is designated a special class of property under Article V, Section 2(2) of the North Carolina 8 |
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| 57 | + | Constitution and is taxable in accordance with this section. The first forty-five thousand dollars 9 |
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| 58 | + | ($45,000) lesser of (i) fifty percent (50%) of the appraised value of the residence or (ii) one 10 |
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| 59 | + | hundred thousand dollars ($100,000) is excluded from taxation. A qualifying owner who receives 11 |
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| 60 | + | an exclusion under this section may not receive other property tax relief. 12 |
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| 61 | + | …." 13 |
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| 62 | + | SECTION 1.(c) Article 12 of Chapter 105 of the General Statutes is amended by 14 |
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| 63 | + | adding three new sections to read: 15 |
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| 64 | + | "§ 105-277.1E. Homeowner advantage property tax relief. 16 |
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| 65 | + | (a) Classification. – A permanent residence owned and occupied by a qualifying owner 17 |
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| 66 | + | is designated a special class of property under Article V, Section 2(2) of the North Carolina 18 |
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| 67 | + | Constitution and is taxable in accordance with this section. 19 |
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| 68 | + | (b) Definitions. – The following definitions apply in this section: 20 |
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| 69 | + | (1) Baseline value. – The appraised value of a permanent residence as of January 21 |
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| 70 | + | 1 of the baseline year. 22 |
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| 71 | + | (2) Baseline year. – The first year in which a qualifying owner receives property 23 |
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| 72 | + | tax relief under this section. 24 |
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| 73 | + | (3) Owner. – Defined in G.S. 105-277.1. 25 |
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| 74 | + | (4) Permanent residence. – Defined in G.S. 105-277.1. 26 |
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| 75 | + | (5) Rate of inflation. – The percentage change in the Consumer Price Index for 27 |
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| 76 | + | All Urban Consumers, U.S. City Average, All Items, as published by the 28 |
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| 77 | + | Bureau of Labor Statistics of the United States Department of Labor. 29 |
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| 78 | + | (c) Qualifying Owner. – For the purpose of qualifying for the homeowner advantage 30 |
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| 79 | + | property tax relief under this section, a qualifying owner is an owner who meets all of the 31 |
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| 80 | + | following requirements as of January 1 preceding the taxable year for which the benefit is 32 |
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| 81 | + | claimed: 33 |
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| 82 | + | (1) The owner has occupied the property as a permanent residence for at least two 34 |
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| 83 | + | years immediately preceding the owner's filing for property tax relief under 35 |
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| 84 | + | this section. 36 |
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| 85 | + | (2) The owner is a North Carolina resident. 37 |
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| 86 | + | (d) Limitation. – Except as provided in subsection (e) of this section, the taxable value of 38 |
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| 87 | + | the permanent residence of a qualifying owner shall not exceed its baseline value by an amount 39 |
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| 88 | + | more than (i) the average rate of inflation per year between consecutive general reappraisals, or 40 |
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| 89 | + | three percent (3%) per year, whichever is less, and (ii) fifteen percent (15%) cumulatively. 41 |
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| 90 | + | (e) Exceptions. – Except as provided in subdivision (1) of this subsection, the county 42 |
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| 91 | + | shall reappraise the permanent residence of a qualifying owner at its true value in a year in which 43 |
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| 92 | + | any of the following conditions are met: 44 |
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| 93 | + | (1) There is a physical change in the land or to improvements on the land other 45 |
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| 94 | + | than a change listed in G.S. 105-287(b); provided that a reappraisal of a 46 |
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| 95 | + | permanent residence under this subdivision shall only consider factors that are 47 |
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| 96 | + | directly attributable to the change or improvement and shall not consider 48 |
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| 97 | + | external market forces or other factors otherwise includable in the 49 |
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| 98 | + | determination of true value. A qualifying owner shall provide all relevant 50 |
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| 99 | + | documentation necessary for a reappraisal under this subdivision on a form 51 General Assembly Of North Carolina Session 2025 |
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| 100 | + | House Bill 432-First Edition Page 3 |
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| 101 | + | and in a manner prescribed by the Department. The permanent residence of a 1 |
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| 102 | + | qualifying owner who fails to provide necessary documentation under this 2 |
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| 103 | + | subdivision may be reappraised at true value. A residence reappraised under 3 |
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| 104 | + | this subdivision shall be subject to subsection (d) of this section at the time of 4 |
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| 105 | + | subsequent reappraisals conducted pursuant to G.S. 105-286. 5 |
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| 106 | + | (2) Except as provided in subsections (f), (i), and (j) of this section, the qualifying 6 |
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| 107 | + | owner no longer occupies the residence as a permanent residence. 7 |
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| 108 | + | (f) Temporary Absence. – An otherwise qualifying owner does not lose the benefit of 8 |
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| 109 | + | this property tax relief because of a temporary absence from his or her permanent residence for 9 |
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| 110 | + | reasons of health, or because of an extended absence while confined to a rest home or nursing 10 |
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| 111 | + | home, so long as the residence is unoccupied or occupied by the owner's spouse or other 11 |
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| 112 | + | dependent. 12 |
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| 113 | + | (g) Application. – An application for property tax relief provided by this section should 13 |
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| 114 | + | be filed during the regular listing period but may be filed and must be accepted at any time up to 14 |
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| 115 | + | and through June 1 preceding the tax year for which the relief is claimed. Persons may apply for 15 |
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| 116 | + | this property tax relief by entering the appropriate information on a form made available by the 16 |
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| 117 | + | assessor under G.S. 105-282.1. 17 |
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| 118 | + | (h) Multiple Ownership. – A permanent residence owned and occupied by a husband and 18 |
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| 119 | + | wife is entitled to the full benefit of the property tax relief under this section notwithstanding that 19 |
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| 120 | + | only one of them meets the length of occupancy requirement of this section. When a permanent 20 |
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| 121 | + | residence is owned and occupied by two or more persons other than husband and wife, no 21 |
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| 122 | + | property tax relief is allowed under this section unless all of the owners qualify. 22 |
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| 123 | + | (i) Death of Owner. – A permanent residence owned and occupied by a qualifying owner 23 |
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| 124 | + | is entitled to the full benefit of the property tax relief under this section notwithstanding the death 24 |
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| 125 | + | of the owner provided that (i) the deceased owner's share passes to a co-owner of the residence 25 |
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| 126 | + | or to the deceased owner's spouse and (ii) that individual occupies or continues to occupy the 26 |
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| 127 | + | property as their permanent residence. 27 |
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| 128 | + | (j) Transfer. – A permanent residence owned and occupied by a qualifying owner is 28 |
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| 129 | + | entitled to the full benefit of the property tax relief under this section notwithstanding the transfer 29 |
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| 130 | + | of the residence by the owner provided that (i) the owner transfers the residence to a co-owner 30 |
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| 131 | + | of the residence or, as part of a divorce proceeding, to the owner's spouse and (ii) that individual 31 |
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| 132 | + | occupies or continues to occupy the property as their permanent residence. 32 |
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| 133 | + | "§ 105-277.1G. Elderly property tax homestead circuit breaker. 33 |
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| 134 | + | (a) Classification. – A permanent residence owned and occupied by a qualifying owner 34 |
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| 135 | + | is designated a special class of property under Article V, Section 2(2) of the North Carolina 35 |
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| 136 | + | Constitution and is taxable in accordance with this section. 36 |
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| 137 | + | (b) Definitions. – The definitions provided in G.S. 105-277.1 apply to this section. 37 |
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| 138 | + | (c) Income Eligibility Limit. – The income eligibility limit provided in 38 |
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| 139 | + | G.S. 105-277.1(a2) applies to this section. 39 |
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| 140 | + | (d) Qualifying Owner. – For the purpose of qualifying for the elderly property tax 40 |
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| 141 | + | homestead circuit breaker under this section, a qualifying owner is an owner who meets all of the 41 |
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| 142 | + | following requirements as of January 1 preceding the taxable year for which the benefit is 42 |
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| 143 | + | claimed: 43 |
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| 144 | + | (1) The owner has an income for the preceding calendar year of not more than 44 |
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| 145 | + | one hundred percent (100%) of the income eligibility limit specified in 45 |
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| 146 | + | subsection (c) of this section. 46 |
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| 147 | + | (2) The owner has owned the property as a permanent residence for at least 10 47 |
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| 148 | + | consecutive years and has occupied the property as a permanent residence for 48 |
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| 149 | + | at least 10 years. 49 |
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| 150 | + | (3) The owner is at least 85 years of age. 50 |
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| 151 | + | (4) The owner is a North Carolina resident. 51 General Assembly Of North Carolina Session 2025 |
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| 152 | + | Page 4 House Bill 432-First Edition |
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| 153 | + | (e) Multiple Owners. – A permanent residence owned and occupied by husband and wife 1 |
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| 154 | + | is entitled to the full benefit of the elderly property tax homestead circuit breaker notwithstanding 2 |
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| 155 | + | that only one of them meets the length of occupancy and ownership requirements and the age 3 |
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| 156 | + | requirement of this section. When a permanent residence is owned and occupied by two or more 4 |
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| 157 | + | persons other than husband and wife, no elderly property tax homestead circuit breaker is allowed 5 |
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| 158 | + | unless all of the owners qualify and elect to defer taxes under this section. 6 |
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| 159 | + | (f) Tax Limitation. – A qualifying owner may defer the portion of the principal amount 7 |
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| 160 | + | of tax that is imposed for the current tax year on his or her permanent residence and exceeds the 8 |
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| 161 | + | percentage of the qualifying owner's income set out in the table in this subsection. If a permanent 9 |
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| 162 | + | residence is subject to tax by more than one taxing unit and the total tax liability exceeds the tax 10 |
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| 163 | + | limit imposed by this section, then both of the taxes due under this section and the taxes deferred 11 |
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| 164 | + | under this section must be apportioned among the taxing units based upon the ratio each taxing 12 |
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| 165 | + | unit's tax rate bears to the total tax rate of all units. 13 |
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| 166 | + | Income Over Income Up To Percentage 14 |
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| 167 | + | -0- Income Eligibility Limit 0% 15 |
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| 168 | + | (g) Temporary Absence. – An otherwise qualifying owner does not lose the benefit of 16 |
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| 169 | + | this circuit breaker because of a temporary absence from his or her permanent residence for 17 |
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| 170 | + | reasons of health, or because of an extended absence while confined to a rest home or nursing 18 |
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| 171 | + | home, so long as the residence is unoccupied or occupied by the owner's spouse or other 19 |
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| 172 | + | dependent. 20 |
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| 173 | + | (h) Deferred Taxes. – The difference between the taxes due under this section and the 21 |
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| 174 | + | taxes that would have been payable in the absence of this section are a lien on the real property 22 |
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| 175 | + | of the taxpayer as provided in G.S. 105-355(a). The difference in taxes must be carried forward 23 |
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| 176 | + | in the records of each taxing unit as deferred taxes. The deferred taxes for the preceding three 24 |
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| 177 | + | fiscal years are due and payable in accordance with G.S. 105-277.1F when the property loses its 25 |
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| 178 | + | eligibility for deferral as a result of a disqualifying event described in subsection (i) of this 26 |
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| 179 | + | section. On or before September 1 of each year, the collector must send to the mailing address of 27 |
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| 180 | + | a residence on which taxes have been deferred a notice stating the amount of deferred taxes and 28 |
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| 181 | + | interest that would be due and payable upon the occurrence of a disqualifying event. 29 |
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| 182 | + | (i) Disqualifying Events. – Each of the following constitutes a disqualifying event: 30 |
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| 183 | + | (1) The owner transfers the residence. Transfer of the residence is not a 31 |
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| 184 | + | disqualifying event if (i) the owner transfers the residence to a co-owner of 32 |
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| 185 | + | the residence or, as part of a divorce proceeding, to his or her spouse and (ii) 33 |
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| 186 | + | that individual occupies or continues to occupy the property as his or her 34 |
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| 187 | + | permanent residence. 35 |
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| 188 | + | (2) The owner dies. Death of the owner is not a disqualifying event if (i) the 36 |
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| 189 | + | owner's share passes to a co-owner of the residence or to his or her spouse and 37 |
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| 190 | + | (ii) that individual occupies or continues to occupy the property as his or her 38 |
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| 191 | + | permanent residence. 39 |
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| 192 | + | (3) The owner ceases to use the property as a permanent residence. 40 |
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| 193 | + | (j) Gap in Deferral. – If an owner of a residence on which taxes have been deferred under 41 |
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| 194 | + | this section is not eligible for continued deferral for a tax year, the deferred taxes are carried 42 |
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| 195 | + | forward and are not due and payable until a disqualifying event occurs. If the owner of the 43 |
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| 196 | + | residence qualifies for deferral after one or more years in which he or she did not qualify for 44 |
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| 197 | + | deferral and a disqualifying event occurs, the years in which the owner did not qualify are 45 |
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| 198 | + | disregarded in determining the preceding three years for which the deferred taxes are due and 46 |
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| 199 | + | payable. 47 |
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| 200 | + | (k) Creditor Limitations. – A mortgagee or trustee that elects to pay any tax deferred by 48 |
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| 201 | + | the owner of a residence subject to a mortgage or deed of trust does not acquire a right to foreclose 49 |
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| 202 | + | as a result of the election. Except for requirements dictated by federal law or regulation, any 50 General Assembly Of North Carolina Session 2025 |
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| 203 | + | House Bill 432-First Edition Page 5 |
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| 204 | + | provision in a mortgage, deed of trust, or other agreement that prohibits the owner from deferring 1 |
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| 205 | + | taxes on property under this section is void. 2 |
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| 206 | + | (l) Construction. – This section does not affect the attachment of a lien for personal 3 |
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| 207 | + | property taxes against a tax-deferred residence. 4 |
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| 208 | + | (m) Application. – An application for property tax relief provided by this section should 5 |
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| 209 | + | be filed during the regular listing period but may be filed and must be accepted at any time up to 6 |
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| 210 | + | and through June 1 preceding the tax year for which the relief is claimed. Persons may apply for 7 |
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| 211 | + | this property tax relief by entering the appropriate information on a form made available by the 8 |
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| 212 | + | assessor under G.S. 105-282.1. 9 |
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| 213 | + | "§ 105-277.1H. Property tax relief portability. 10 |
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| 214 | + | (a) Purpose. – The purpose of this section is to ensure continuity in property tax relief for 11 |
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| 215 | + | new owners of a primary residence by allowing owners to transfer property tax relief to their new 12 |
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| 216 | + | primary residence. 13 |
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| 217 | + | (b) Definitions. – The definitions provided in G.S. 105-277.1 apply in this section. 14 |
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| 218 | + | (c) Portability. – An owner who qualifies for property tax relief may purchase a new 15 |
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| 219 | + | primary residence and, notwithstanding the durational residency requirements of 16 |
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| 220 | + | G.S. 105-277.1B, 105-277.1E, and 105-277.1G, may continue to qualify for property tax relief 17 |
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| 221 | + | provided the owner (i) continues to meet all other requirements for property tax relief and (ii) 18 |
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| 222 | + | files an application with the assessor of the county in which the new primary residence is situated 19 |
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| 223 | + | in accordance with subsection (d) of this section. 20 |
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| 224 | + | (d) Application Required. – In order to transfer property tax relief under this section, an 21 |
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| 225 | + | owner shall submit (i) an application in accordance with G.S. 105-282.1(a)(2)g. and (ii) any other 22 |
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| 226 | + | relevant documentation that an assessor deems necessary to verify an owner's qualifications for 23 |
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| 227 | + | property tax relief portability under this section." 24 |
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| 228 | + | SECTION 1.(d) G.S. 105-282.1(a)(2) reads as rewritten: 25 |
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| 229 | + | "(2) Single application required. – An owner of one or more of the following 26 |
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| 230 | + | properties eligible for a property tax benefit must file an application for the 27 |
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| 231 | + | benefit to receive it. Once the application has been approved, the owner does 28 |
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| 232 | + | not need to file an application in subsequent years unless new or additional 29 |
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| 233 | + | property is acquired or improvements are added or removed, necessitating a 30 |
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| 234 | + | change in the valuation of the property, or there is a change in the use of the 31 |
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| 235 | + | property or the qualifications or eligibility of the taxpayer necessitating a 32 |
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| 236 | + | review of the benefit. The properties are as follows: 33 |
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| 237 | + | a. (Effective for taxes imposed for taxable years beginning before 34 |
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| 238 | + | July 1, 2022) Property exempted from taxation under G.S. 105-278.3, 35 |
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| 239 | + | 105-278.4, 105-278.5, 105-278.6, 105-278.7, or 105-278.8. 36 |
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| 240 | + | a. (Effective for taxes imposed for taxable years beginning on or 37 |
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| 241 | + | after July 1, 2022) Property exempted from taxation under 38 |
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| 242 | + | G.S. 105-278.2(a), 105-278.3, 105-278.4, 105-278.5, 105-278.6, 39 |
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| 243 | + | 105-278.7, or 105-278.8. 40 |
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| 244 | + | b. Special classes of property excluded from taxation under 41 |
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| 245 | + | G.S. 105-275(3), (7), (8), (12), (17), (18), (19), (20), (21), (31e), (35), 42 |
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| 246 | + | (36), (38), (39), (41), (45), (46), (47), (48), or (49) or under 43 |
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| 247 | + | G.S. 131A-21. 44 |
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| 248 | + | c. (Effective for taxable years imposed for taxable years beginning 45 |
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| 249 | + | before July 1, 2019) Special classes of property classified for taxation 46 |
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| 250 | + | at a reduced valuation under G.S. 105-277(h), 105-277.1, 105-277.1C, 47 |
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| 251 | + | 105-277.10, 105-277.13, 105-277.14, 105-277.15, 105-277.17, or 48 |
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| 252 | + | 105-278. 49 |
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| 253 | + | c. (Effective for taxable years imposed for taxable years beginning 50 |
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| 254 | + | on or after July 1, 2019) Special classes of property classified for 51 General Assembly Of North Carolina Session 2025 |
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| 255 | + | Page 6 House Bill 432-First Edition |
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| 256 | + | taxation at a reduced valuation under G.S. 105-277(h), 105-277.02, 1 |
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| 257 | + | 105-277.1, 105-277.1C, 105-277.10, 105-277.13, 105-277.14, 2 |
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| 258 | + | 105-277.15, 105-277.17, or 105-278. 3 |
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| 259 | + | d. Property owned by a nonprofit homeowners' association but where the 4 |
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| 260 | + | value of the property is included in the appraisals of property owned 5 |
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| 261 | + | by members of the association under G.S. 105-277.8. 6 |
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| 262 | + | e. Repealed by Session Laws 2008-35, s. 1.2, effective for taxes imposed 7 |
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| 263 | + | for taxable years beginning on or after July 1, 2008. 8 |
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| 264 | + | f. Special classes of property eligible for tax relief under 9 |
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| 265 | + | G.S. 105-277.1E. 10 |
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| 266 | + | g. Property that qualifies for property tax relief portability under 11 |
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| 267 | + | G.S. 105-277.1H." 12 |
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| 268 | + | SECTION 1.(e) G.S. 105-283 reads as rewritten: 13 |
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| 269 | + | "§ 105-283. Uniform appraisal standards. 14 |
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| 270 | + | All Except as provided in G.S. 105-277.1E, all property, real and personal, shall as far as 15 |
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| 271 | + | practicable be appraised or valued at its true value in money. When used in this Subchapter, the 16 |
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| 272 | + | words "true value" shall be interpreted as meaning market value, that is, the price estimated in 17 |
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| 273 | + | terms of money at which the property would change hands between a willing and financially able 18 |
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| 274 | + | buyer and a willing seller, neither being under any compulsion to buy or to sell and both having 19 |
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| 275 | + | reasonable knowledge of all the uses to which the property is adapted and for which it is capable 20 |
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| 276 | + | of being used. For the purposes of this section, the acquisition of an interest in land by an entity 21 |
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| 277 | + | having the power of eminent domain with respect to the interest acquired shall not be considered 22 |
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| 278 | + | competent evidence of the true value in money of comparable land." 23 |
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| 279 | + | SECTION 1.(f) G.S. 105-284 reads as rewritten: 24 |
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| 280 | + | "§ 105-284. Uniform assessment standard. 25 |
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| 281 | + | (a) Except as otherwise provided in G.S. 105-277.1E and in this section, all property, real 26 |
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| 282 | + | and personal, shall be assessed for taxation at its true value or use value as determined under 27 |
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| 283 | + | G.S. 105-283 or G.S. 105-277.6, and taxes levied by all counties and municipalities shall be 28 |
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| 284 | + | levied uniformly on assessments determined in accordance with this section. 29 |
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| 285 | + | …." 30 |
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| 286 | + | SECTION 1.(g) G.S. 105-309(f) reads as rewritten: 31 |
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| 287 | + | "(f) The assessor must print a homestead tax relief notice on each abstract or on an 32 |
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| 288 | + | information sheet distributed with the abstract. The abstract or sheet must include the address 33 |
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| 289 | + | and telephone number of the assessor below the notice required by this section. The notice must 34 |
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| 290 | + | be in the form required by the Department of Revenue designed to notify the taxpayer of his or 35 |
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| 291 | + | her rights and responsibilities under the homestead property tax exclusion provided in G.S. 36 |
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| 292 | + | 105-277.1 and G.S. 105-277.1, the property tax homestead circuit breaker provided in G.S. 37 |
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| 293 | + | 105-277.1B.G.S. 105-277.1B, the homeowner advantage property tax relief provided in 38 |
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| 294 | + | G.S. 105-277.1E, and the elderly property tax homestead circuit breaker provided in 39 |
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| 295 | + | G.S. 105-277.1G." 40 |
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| 296 | + | SECTION 2. Article 16 of Chapter 1C of the General Statutes is amended by adding 41 |
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| 297 | + | a new section to read: 42 |
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| 298 | + | "§ 1C-1605. Homestead exemption from forced sale. 43 |
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| 299 | + | (a) This section applies to real or personal property owned by a debtor that the debtor has 44 |
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| 300 | + | used as the debtor's primary residence for a period of at least 40 consecutive months from the 45 |
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| 301 | + | date of purchase of the property for claims in bankruptcy or 24 consecutive months from the date 46 |
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| 302 | + | of purchase of the property for all other claims. 47 |
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| 303 | + | (b) A judgment entered against the owner of property subject to this section may be 48 |
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| 304 | + | placed as a lien against the property, but the property is exempt from forced sale under Article 49 |
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| 305 | + | 29B of Chapter 1 of the General Statutes or any other provision of State law. The lien may be 50 |
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| 306 | + | enforced any time ownership of the property is transferred. 51 General Assembly Of North Carolina Session 2025 |
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| 307 | + | House Bill 432-First Edition Page 7 |
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| 308 | + | (c) The exemption of subsection (b) of this section is inapplicable to claims: 1 |
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| 309 | + | (1) Of the United States or its agencies as provided by federal law. 2 |
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| 310 | + | (2) Of the State or its subdivisions for property taxes, appearance bonds, or 3 |
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| 311 | + | fiduciary bonds. 4 |
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| 312 | + | (3) Of lien by a laborer for work done and performed for the person claiming the 5 |
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| 313 | + | exemption, but only as to the specific property affected. 6 |
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| 314 | + | (4) Of lien by a mechanic for work done on the premises, but only as to the 7 |
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| 315 | + | specific property affected. 8 |
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| 316 | + | (5) For payment of obligations contracted for the purchase of the specific real 9 |
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| 317 | + | property affected. 10 |
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| 318 | + | (6) For payment of overdue obligations, fines, or assessments due to a 11 |
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| 319 | + | homeowners' association. 12 |
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| 320 | + | (7) Of a creditor for any debt if a judgment for the debt was entered against the 13 |
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| 321 | + | property owner prior to the twenty-fourth month of consecutive ownership." 14 |
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| 322 | + | SECTION 3. The Department of Revenue (Department) shall study ways to abolish 15 |
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| 323 | + | the statutory framework for the listing, appraisal, and assessment of real property under Chapter 16 |
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| 324 | + | 105 of the General Statutes and shall develop a framework to eliminate property taxes on real 17 |
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| 325 | + | property in this State. The Department shall develop a framework to replace property tax 18 |
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| 326 | + | revenues through State and local budget reductions, sales-based consumption taxes, and locally 19 |
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| 327 | + | determined consumption taxes. The study must include, at a minimum, the following 20 |
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| 328 | + | information: 21 |
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| 329 | + | (1) An analysis of the potential impact of eliminating property taxes on public 22 |
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| 330 | + | services, including education, infrastructure, and emergency services. 23 |
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| 331 | + | (2) An assessment of potential housing market fluctuations, including changes in 24 |
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| 332 | + | homeownership rates and property values. 25 |
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| 333 | + | (3) An evaluation of whether a shift to consumption-based taxes would make 26 |
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| 334 | + | North Carolina more attractive to businesses compared to other states. 27 |
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| 335 | + | (4) An analysis of the potential impact of eliminating property taxes on overall 28 |
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| 336 | + | economic stability, consumer behavior, and long-term economic growth. 29 |
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| 337 | + | The Department may consult with any other relevant State, local, or private entity in 30 |
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| 338 | + | conducting the study required by this section. The Department shall report its findings to the Joint 31 |
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| 339 | + | Legislative Oversight Committee on General Government by February 1, 2026. 32 |
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| 340 | + | SECTION 4. Section 1 of this act is effective for taxes imposed for taxable years 33 |
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| 341 | + | beginning on or after July 1, 2026. Section 2 of this act is effective beginning October 1, 2025, 34 |
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| 342 | + | and applies to judgments entered against a debtor on or after that date. The remainder of this act 35 |
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| 343 | + | is effective when it becomes law. 36 |
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