NORTH CAROLINA GENERAL ASSEMBLY

1975 SESSION

 

 

CHAPTER 576

HOUSE BILL 453

 

 

AN ACT TO PRORATE THE MUNICIPAL TAXES IMPOSED UPON NEWLY ANNEXED TERRITORY.

 

The General Assembly of North Carolina enacts:

 

Section 1.  Article 4A of Chapter 160A is hereby amended by deleting in its entirety the last sentence of G.S. 160A-24, as the same appears in the 1974 Cumulative Supplement to Volume 3D of the General Statutes, and inserting in lieu thereof:

"If territory is annexed its liability for municipal taxes for the fiscal year in which it is annexed shall be determined by applying the following ratio against the total taxes that would be due on the property if it had been annexed prior to the beginning of the fiscal year: The numerator shall be the number 365 minus the total number of days after the preceding July 1 and immediately prior to the effective date of the annexation, and the denominator shall be the number 365. However, the due date of such municipal taxes shall be the effective date of annexation of said territory and the taxes may be paid at par or face amount at any time before the one hundred and twentieth day after the due date. On or after the one hundred and twentieth day and before the one hundred and fiftieth day from the due date there shall be added to the taxes interest at the rate of two percent (2%). On or after the one hundred and fiftieth day from the due date, there shall be added to the taxes, in addition to the two percent (2%) provided above, interest at the rate of three-fourths of one percent (3/4 of 1%) per 30 days or fraction thereof until the taxes plus interest have been paid."

Sec. 2.  Article 4A of Chapter 160A is hereby amended by deleting in its entirety the second sentence of G.S. 160A-31(e), as the same appears in the 1974 Cumulative Supplement to Volume 3D of the General Statutes, and inserting in lieu thereof the following:

"If territory is annexed its liability for municipal taxes for the fiscal year in which it is annexed shall be determined by applying the following ratio against the total taxes that would be due on the property if it had been annexed prior to the beginning of the fiscal year: The numerator shall be the number 365 minus the number of days after the preceding July 1 and immediately prior to the effective date of the annexation, and the denominator shall be the number 365. However, the due date of such municipal taxes shall be the effective date of annexation of said territory and the taxes may be paid at par or face amount at any time before the one hundred and twentieth day after the due date. On or after the one hundred and twentieth day and before the one hundred and fiftieth day from the due date there shall be added to the taxes interest at the rate of two percent (2%). On or after the one hundred and fiftieth day from the due date, there shall be added to the taxes, in addition to the two percent (2%) provided above, interest at the rate of three-fourths of one percent (3/4 of 1%) per 30 days or fraction thereof until the taxes plus interest have been paid."

Sec. 3.  Article 4A of Chapter 160A is hereby amended by deleting the second sentence of G.S. 160A-37(f), as the same appears in the 1974 Cumulative Supplement to Volume 3D of the General Statutes, and inserting in lieu thereof the following:

"If territory is annexed its liability for municipal taxes for the fiscal year in which it is annexed shall be determined by applying the following ratio against the total taxes that would be due on the property if it had been annexed prior to the beginning of the fiscal year: The numerator shall be the number 365 minus the number of days after the preceding July 1 and immediately prior to the effective date of the annexation, and the denominator of which is the number 365. However, the due date of such municipal taxes shall be the effective date of annexation of said territory and the taxes may be paid at par or face amount at any time before the one hundred and twentieth day after the due date. On or after the one hundred and twentieth day and before the one hundred and fiftieth day from the due date there shall be added to the taxes interest at the rate of two percent (2%). On or after the one hundred and fiftieth day from the due date, there shall be added to the taxes, in addition to the two percent (2%) provided above, interest at the rate of three-fourths of one percent (3/4 of 1%) per 30 days or fraction thereof until the taxes plus interest have been paid."

Sec. 4.  Article 4A of Chapter 160A is hereby amended by deleting the second sentence of G.S. 160A-49(f), as the same appears in the 1974 Cumulative Supplement to Volume 3D of the General Statutes, and inserting in lieu thereof the following:

"If territory is annexed its liability for municipal taxes for the fiscal year in which it is annexed shall be determined by applying the following ratio against the total taxes that would be due on the property if it had been annexed prior to the beginning of the fiscal year: The numerator shall be the number 365 minus the total number of days after the preceding July 1 and immediately prior to the effective date of the annexation, and the denominator shall be the number 365. However, the due date of such municipal taxes shall be the effective date of annexation of said territory and the taxes may be paid at par or face amount at any time before the one hundred and twentieth day after the due date. On or after the one hundred and twentieth day and before the one hundred and fiftieth day from the due date there shall be added to the taxes interest at the rate of two percent (2%). On or after the one hundred and fiftieth day from the due date, there shall be added to the taxes, in addition to the two percent (2%) provided above, interest at the rate of three-fourths of one percent (3/4 of 1%) per 30 days or fraction thereof until the taxes plus interest have been paid."

Sec. 5.  Article 4A of Chapter 160A is hereby amended by deleting the second sentence of G.S. 160A-58.3, as the same appears in the 1974 Cumulative Supplement to Volume 3D of the General Statutes, and inserting in lieu thereof:

"If territory is annexed its liability for municipal taxes for the fiscal year in which it is annexed shall be determined by applying the following ratio against the total taxes that would be due on the property if it had been annexed prior to the beginning of the fiscal year: The numerator shall be the number 365 minus the total number of days after the preceding July 1 and immediately prior to the effective date of the annexation, and the denominator shall be the number 365. However, the due date of such municipal taxes shall be the effective date of annexation of said territory and the taxes may be paid at par or face amount at any time before the one hundred and twentieth day after the due date. On or after the one hundred and twentieth day and before the one hundred and fiftieth day from the due date there shall be added to the taxes interest at the rate of two percent (2%). On or after the one hundred and fiftieth day from the due date, there shall be added to the taxes, in addition to the two percent (2%) provided above, interest at the rate of three-fourths of one percent (3/4 of 1%) per 30 days or fraction thereof until the taxes plus interest have been paid."

Sec. 6.  This act shall become effective January 1, 1976.

In the General Assembly read three times and ratified, this the 12th day of June, 1975.