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Agenda - 11-21-16 Reg. Meeting
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Agenda - 11-21-16 Reg. Meeting
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029 <br />Listings." Regardless of how filed, the listing shall have the same force and effect as if it had been <br />submitted during the regular listing period. <br />(f) Presumptions. - When property is discovered and listed to a taxpayer in any year, it <br />shall be presumed that it should have been listed by the same taxpayer for the preceding five years <br />unless the taxpayer shall produce satisfactory evidence that the property was not in existence, that <br />it was actually listed for taxation, or that it was not his duty to list the property during those years <br />or some of them under the provisions of G.S. 105-302 and G.S. 105-306. If it is shown that the <br />property should have been listed by some other taxpayer during some or all of the preceding years, <br />the property shall be listed in the name of the appropriate taxpayer for the proper years, but the <br />discovery shall still be deemed to have been made as of the date that the assessor first listed it. <br />(g) Taxation of Discovered Property. - When property is discovered, it shall be taxed for <br />the year in which discovered and for any of the preceding five years during which it escaped <br />taxation in accordance with the assessed value it should have been assigned in each of the years <br />for which it is to be taxed and the rate of tax imposed in each such year. The penalties prescribed <br />by subsection (h) of this section shall be computed and imposed regardless of the name in which <br />the discovered property is listed. If the discovery is based upon an understatement of value, <br />quantity, or other measurement rather than an omission from the tax list, the tax shall be computed <br />on the additional valuation fixed upon the property, and the penalties prescribed by subsection (h) <br />of this section shall be computed on the basis of the additional tax. <br />(h) Computation of Penalties. - Having computed each year's taxes separately as provided <br />in subsection (g), above, there shall be added a penalty of ten percent (10%) of the amount of the <br />tax for the earliest year in which the property was not listed, plus an additional ten percent (10%) <br />of the same amount for each subsequent listing period that elapsed before the property was <br />discovered. This penalty shall be computed separately for each year in which a failure to list <br />occurred; and the year, the amount of the tax for that year, and the total of penalties for failure to <br />list in that year shall be shown separately on the tax records; but the taxes and penalties for all <br />years in which there was a failure to list shall be then totalled on a single tax receipt. <br />(hl) Repealed by Session Laws 1991, c. 624, s. 8. <br />(i) Collection. - For purposes of tax collection and foreclosure, the total figure obtained <br />and recorded as provided in subsection (h) of this section shall be deemed to be a tax for the fiscal <br />year beginning on July 1 of the calendar year in which the property was discovered. The schedule <br />of discounts for prepayment and interest for late payment applicable to taxes for the fiscal year <br />referred to in the preceding sentence shall apply when the total figure on the single tax receipt is <br />paid. Notwithstanding the time limitations contained in G.S. 105-381, any property owner who is <br />required to pay taxes on discovered property as herein provided shall be entitled to a refund of any <br />taxes erroneously paid on the same property to other taxing jurisdictions in North Carolina. Claim <br />for refund shall be filed in the county where such tax was erroneously paid as provided by G.S. <br />105-381. <br />0) Tax Receipts Charged to Collector. - Tax receipts prepared as required by subsections <br />(h) and (i) of this section for the taxes and penalties imposed upon discovered property shall be <br />delivered to the tax collector, and he shall be charged with their collection. Such receipts shall <br />have the same force and effect as if they had been delivered to the collector at the time of the <br />delivery of the regular tax receipts for the current year, and the taxes charged in the receipts shall <br />be a lien upon the property in accordance with the provisions of G.S. 105-355. <br />(k) Power to Compromise. - After a tax receipt computed and prepared as required by <br />subsections (g) and (h) of this section has been delivered and charged to the tax collector as <br />
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