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RES-2005-015 Orange County's 2005 Legislative Agenda
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RES-2005-015 Orange County's 2005 Legislative Agenda
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Last modified
6/9/2011 3:51:46 PM
Creation date
10/4/2010 1:25:21 PM
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BOCC
Date
3/1/2005
Meeting Type
Regular Meeting
Document Type
Resolution
Agenda Item
8b
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Agenda - 03-01-2005-8b
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\Board of County Commissioners\BOCC Agendas\2000's\2005\Agenda - 03-01-2005
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Exhibit B <br />6 <br />A BILL TO BE ENTITLED <br />AN ACT TO AUTHORIZE ORANGE COUNTY TO <br />LEVY AN EXCISE TAX ON CONVEYANCES <br />The General Assembly of North Carolina enacts: <br />SECTION 1. Authorization. The Orange County Excise Tax on <br />Conveyances. <br />(a) The Board of Commissioners of Orange County may, by <br />resolution, levy a local excise tax on conveyances at a <br />rate of up to one percent (1~) on instruments conveying <br />interests in real property located in Orange County. <br />(b) The tax applies to the consideration or value, <br />whichever is greater, of the interest conveyed, <br />including the value of any lien or encumbrance <br />remaining on the property at the time of sale. The levy <br />of the tax may become effective only on the first day <br />of a calendar month set in the resolution levying the <br />tax, which may not be earlier than the first day of the <br />second succeeding calendar month after the date the <br />resolution is adopted. <br />(c) The Board of Commissioners of Orange County must, upon <br />adoption of a resolution levying a tax under this act, <br />immediately deliver a certified copy of the resolution <br />to the Register of Deeds of Orange County. Upon receipt <br />of the certified copy of the resolution, the Register <br />of Deeds of Orange County shall administer the tax in <br />the County as provided in this act. <br />(d) The tax is in addition to the Excise Stamp Tax on <br />Conveyances levied by Article 8E, Chapter 105 of the <br />North Carolina General Statutes. A tax levied under <br />this act does not apply to a transfer exempt from the <br />Excise Stamp Tax on Conveyances, Article 8E, Chapter <br />105 of the North Carolina General Statutes. In <br />addition, the tax does not apply to a transfer to the <br />transferor's spouse, siblings, parents, grandparents, <br />children or grandchildren. A tax levied under this act <br />applies to transfers of interests in real property <br />located in Orange County. If the property is located in <br />two or more counties, a transfer of an interest in the <br />property is taxable under this act only if the greater <br />part of the property, with respect to value, lies in <br />Orange County. <br />(e) A tax levied under this act is payable by the <br />transferor of the interest. Except as otherwise <br />provided in this act, the provisions of GS 105-228.32 <br />through GS 105-228.37 apply to a tax levied under this <br />act.. The County must provide metering or similar <br />equipment for the collection of the tax in lieu of the <br />use of tax stamps. <br />
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