Agenda - 04-09-2013 - 5e - Laserfiche WebLink

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8 § 105-228.37. Refund of overpayment of tax. (a) Refund Request.—A taxpayer who pays more tax than is due under this Article may request a refund of the overpayment by filing a written request for a refund with the board of county commissioners of the county where the tax was paid.The request must be filed within six months after the date the tax was paid and must explain why the taxpayer believes a refund is due. (b) Hearing by County.—A board of county commissioners must conduct a hearing on a request for refund in accordance with the procedures that apply to a hearing held by a board of equalization and review on an appeal concerning the listing or appraisal of property. If the board decides that a refund is due, it must refund the county's portion of the overpayment,together with any applicable interest,to the taxpayer. If the board finds that no refund is due,the written decision of the board must inform the taxpayer that the taxpayer may appeal the decision to the Property Tax Commission. (c) Review by Commission.—The procedure in G.S. 105-290 for the appeal to the Property Tax Commission of a decision of a board of equalization and review concerning the listing or appraisal of property applies to the appeal of a denial by a board of county commissioners of a request for a refund of tax paid under this Article. If the Commission determines that a refund is due,the board of county commissioners must refund the county's portion of the overpayment,together with any applicable interest,to the taxpayer.A decision of the Commission is binding on the Secretary and on a board of county commissioners. (d) Judicial Review.—A decision of the Property Tax Commission is subject to judicial review in accordance with G.S. 7A-29. (e) Recording Correct Deed.—Before a tax is refunded,the taxpayer must record a new instrument reflecting the correct amount of tax due. If no tax is due because an instrument was recorded in the wrong county,then the taxpayer must record a document stating that no tax was owed because the instrument being corrected was recorded in the wrong county.The taxpayer must include in the document the names of the grantors and grantees and the deed book and page number of the instrument being corrected. When a taxpayer records a corrected instrument,the taxpayer must inform the register of deeds that the instrument being recorded is a correcting instrument.The taxpayer must give the register of deeds a copy of the decision granting the refund that shows the correct amount of tax due.The correcting instrument must include the deed book and page number of the instrument being corrected.The register of deeds must notify the county finance officer and the Secretary when the correcting instrument has been recorded. (f) Interest.—An overpayment of tax bears interest at the rate established in G.S. 105-241.21 from the date that interest begins to accrue. Interest begins to accrue on an overpayment 30 days after the request for a refund is filed by the taxpayer with the board of county commissioners.