105-278.2. Burial property. [Effective for taxes imposed for taxable years beginning before July 1, 2022]
(a) Real property set apart for burial purposes shall be exempted from taxation unless it is owned and held for purposes of (i) sale or rental or (ii) sale of burial rights therein. No application is required under G.S. 105-282.1 for property exempt under this subsection. A county cannot deny the exemption provided under this subsection to a taxpayer that lacks a survey or plat detailing the exempt property.
(b) Taxable real property set apart for human burial purposes is hereby designated a special class of property under authority of Article V, Section 2(2) of the North Carolina Constitution, and it shall be assessed for taxation taking into consideration the following:
(1) The effect on its value by division and development into burial plots;
(2) Whether it is irrevocably dedicated for human burial purposes by plat recorded with the Register of Deeds in the county in which the land is located; and
(3) Whether the owner is prohibited or restricted by law or otherwise from selling, mortgaging, leasing or encumbering the same.
(c) For purposes of this section, the term "real property" includes land, tombs, vaults, monuments, and mausoleums, and the term "burial" includes entombment. (1973, c. 695, s. 4; 1987, c. 724; 2018-113, s. 15.)
105-278.2. Burial property. [Effective for taxes imposed for taxable years beginning on or after July 1, 2022]
(a) Commercial Property. - Real property set apart for burial purposes that is owned and held for purposes of (i) sale or rental or (ii) sale of burial rights therein is exempt from taxation. A single application is required under G.S. 105-282.1 for property exempt under this subsection.
(b) Other Property. - Real property set apart for burial purposes not owned and held for a purpose listed in subsection (a) of this section is exempt from taxation. No application is required under G.S. 105-282.1 for property exempt under this subsection. A local government cannot deny the exemption provided under this subsection to a taxpayer that lacks a survey or plat detailing the exempt property.
(c) Terms. - For purposes of this section, the term "real property" includes land, tombs, vaults, monuments, and mausoleums, and the term "burial" includes entombment. (1973, c. 695, s. 4; 1987, c. 724; 2018-113, s. 15; 2021-180, s. 42.12(a).)
Structure North Carolina General Statutes
North Carolina General Statutes
Article 12 - Property Subject to Taxation.
§ 105-274 - Property subject to taxation.
§ 105-275 - Property classified and excluded from the tax base.
§ 105-276 - Taxation of intangible personal property.
§ 105-277 - Property classified for taxation at reduced rates; certain deductions.
§ 105-277.01 - Certain farm products classified for taxation at reduced valuation.
§ 105-277.02 - Certain real property held for sale classified for taxation at reduced valuation.
§ 105-277.1 - Elderly or disabled property tax homestead exclusion.
§ 105-277.1B - Property tax homestead circuit breaker.
§ 105-277.1C - Disabled veteran property tax homestead exclusion.
§ 105-277.1D - (See note for repeal.) Inventory property tax deferral.
§ 105-277.1F - Uniform provisions for payment of deferred taxes.
§ 105-277.2 - Agricultural, horticultural, and forestland Definitions.
§ 105-277.3 - Agricultural, horticultural, and forestland Classifications.
§ 105-277.5 - Agricultural, horticultural and forestland - Notice of change in use.
§ 105-277.6 - Agricultural, horticultural and forestland - Appraisal; computation of deferred tax.
§ 105-277.7 - Use-Value Advisory Board.
§ 105-277.8 - Taxation of property of nonprofit homeowners' association.
§ 105-277.9 - Taxation of property inside certain roadway corridors.
§ 105-277.9A - (See note for repeal) Taxation of improved property inside certain roadway corridors.
§ 105-277.11 - Taxation of property subject to a development financing district agreement.
§ 105-277.12 - Antique airplanes.
§ 105-277.13 - Taxation of improvements on brownfields.
§ 105-277.14 - Taxation of working waterfront property.
§ 105-277.15A - Taxation of site infrastructure land.
§ 105-277.16 - Taxation of low-income housing property.
§ 105-277.17 - Taxation of community land trust property.
§ 105-278 - Historic properties.
§ 105-278.1 - Exemption of real and personal property owned by units of government.
§ 105-278.3 - Real and personal property used for religious purposes.
§ 105-278.4 - Real and personal property used for educational purposes.
§ 105-278.6 - Real and personal property used for charitable purposes.
§ 105-278.6A - Qualified retirement facility.
§ 105-278.8 - Real and personal property used for charitable hospital purposes.