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Present-use value in North Carolina: farm and forest land taxes

Present-use value is a North Carolina program that taxes qualifying farm, horticultural, and forest land on what it earns in that use, not on its market value. The tax difference is deferred, not forgiven. When the land leaves the program, the deferred taxes for the current year and the three years before it come due with interest.

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Quick summary: This guide explains North Carolina’s present-use value program: the three land classes, the tests a tract must pass, the application, and the deferred taxes that come due when land leaves the program. It is for owners of farm and forest land and for buyers of enrolled tracts. The key takeaway: enrollment lowers the yearly tax bill, but it attaches a lien for deferred taxes that a change in use or a sale can trigger.

What present-use value is

Present-use value is the value of land in its current use as agricultural, horticultural, or forest land. State law defines it as value based solely on the land’s ability to produce income, assuming an average level of management. For the zoning side of farm use, see The bona fide farm exemption from county zoning.

Most property in North Carolina is taxed at market value. The state’s present-use value program guide explains that land in the program is taxed at its present-use value instead, which is usually much less. The program is voluntary and took effect January 1, 1974.

The county still records a market value for enrolled land. The difference between the tax on market value and the tax on present-use value is carried forward as deferred taxes. That difference is a lien on the land.

The three classes of land

The program has three classes. Each has its own minimum tract size, set in G.S. 105-277.3.

Class What the land produces Minimum tract in actual production Income test
Agricultural Crops, plants, or animals, including horses 10 acres Yes
Horticultural Fruits, vegetables, nursery or floral products 5 acres Yes
Forestland Trees, grown commercially 20 acres, not part of a farm unit No

A unit can include more than one tract. At least one tract must meet the minimum size, and all tracts must be under the same ownership and class. Tracts in different counties must lie within 50 miles of a qualifying tract. Aquatic species farms have a separate size rule.

The four tests a tract must pass

Agricultural and horticultural land must pass four tests. Forestland must pass three, because the income test does not apply to it. The program guide names them:

  1. Ownership. The owner must be an individual, a qualifying family farm business entity, or a qualifying trust. An individual owner must live on the land, or the owner or a relative must have owned it for the four years before January 1 of the year the benefit is claimed. Other conditions also qualify.
  2. Size. At least one tract meets the minimum acreage for its class.
  3. Income. Agricultural land and most horticultural land must have produced an average gross income of at least 1,000 dollars over the three years before January 1 of the benefit year. Christmas tree land has its own Department of Revenue income rule.
  4. Sound management. The land must be under a sound management program. For forestland, that means compliance with a written sound forest management plan.

The short version: Present-use value lowers the tax only while the land keeps meeting every test. The deferred taxes stay on the books the whole time.

The forest management plan

Forestland qualifies for sound management only when it complies with a written plan for the production and sale of forest products. The program guide says a copy of the plan must go with the application. The land must comply with the plan as of January 1 of the year the owner requests the classification.

A consulting forester, a North Carolina Forest Service forester, or a qualified owner may prepare the plan. The guide lists the key elements:

  • Owner objectives, long range and short range
  • A map or aerial photo locating the property and each stand
  • A description of each stand, with acreage, species, age, size, condition, soils, and productivity
  • Harvest methods and target dates for each stand
  • A regeneration plan for each stand after harvest

The plan’s primary objective must be commercial timber production. Wildlife or recreation goals may be secondary. See How to sell timber: cruises, bids, and the timber contract for how a harvest works. See Recreational and hunting land: what to check before you buy.

How to apply

You apply to the assessor of the county where the land lies. The application rules set three windows:

  • First application. File during the regular listing period of the first year you claim the benefit. The program guide says the listing period is typically January 1 through January 31.
  • After a revaluation notice. File within 30 days of the date on a notice of a change in valuation.
  • After a transfer. A new owner who continues the use files within 60 days of the transfer.

The county board of equalization and review may approve a late application for good cause. You do not reapply each year unless the land is transferred or its use or acreage changes. The owner must tell the assessor about a disqualifying change by the end of the next listing period. Failure to report carries a penalty of 10 percent of the deferred taxes and interest for each listing period it continues.

Take action: If you are weighing a sale or a change in use on enrolled land, find out first what the county carries as deferred taxes. Start with Is your land a data-center site?

Deferred taxes and the rollback

When land loses eligibility, the deferred taxes for the preceding three fiscal years come due. A disqualifying event occurs when the land fails any condition of the program or an application is not approved.

The program guide calls this billing the rollback, a term the statutes do not use. It says the bill covers the year of disqualification and the three previous years. Interest accrues on each year as if the tax had been due on its original date. The statute lists a few exceptions, such as certain conveyances to a nonprofit or a government.

Values themselves come from a schedule. The Use-Value Advisory Board recommends a manual each year, with cash rents for farm land and net income ranges for forestland. The statute sets the forestland capitalization rate at 9 percent.

What a sale does

A sale does not end the classification by itself. A buyer can keep the land in the program if the buyer continues the same use, files a timely application, and certifies acceptance of liability for the deferred taxes. The deferred taxes then stay a lien on the land, and the new owner becomes liable for them.

A buyer who changes the use, such as a builder who plans lots, triggers the deferred taxes. Who pays that bill is a term of the contract. See Selling farm or timber land for development and How to buy land. Present-use value is also separate from an appraisal of market value. See Land appraisal: how an appraiser values vacant land and Will a data center nearby raise your land’s tax value? What North Carolina law says.

Who answers the question

The county assessor decides whether land qualifies and computes the deferred taxes. The program statute requires the assessor to follow the Department of Revenue’s program guide. A tax professional explains what a rollback means for your return. A North Carolina real estate attorney writes who pays the deferred taxes into the contract. A forester prepares the forest management plan.

We read the tax record in a fixed order and mark the land’s enrollment status and open questions for the assessor.

Key recap

  • Present-use value taxes qualifying farm, horticultural, and forest land on its income in that use, not on market value.
  • Minimum tracts in production are 10 acres for agricultural, 5 for horticultural, and 20 for forestland.
  • Farm and horticultural land must meet an income test, and forestland must follow a written management plan.
  • When land leaves the program, deferred taxes for the current year and the three before it come due with interest.
  • A buyer who continues the use, applies within 60 days, and accepts the deferred tax liability keeps the classification.

Questions

What is present-use value in North Carolina?

It is a voluntary program that taxes qualifying agricultural, horticultural, and forest land on its value in that use. The difference from market-value tax is deferred and becomes due if the land leaves the program.

How many acres do you need for present-use value?

The statute sets at least 10 acres in production for agricultural land, 5 for horticultural land, and 20 for forestland. Smaller tracts can join a unit that includes a qualifying tract.

What happens to present-use value when land is sold?

The buyer can keep it by continuing the use, applying within 60 days, and accepting the deferred tax liability. If the buyer changes the use, the deferred taxes come due.

How far back do deferred taxes go?

The statute makes the deferred taxes for the preceding three fiscal years due on disqualification. The Department of Revenue guide says the bill covers the year of disqualification and the three years before it, with interest.

References

Primary sources cited on this page, in APA style.

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