Filetype PDF | Posted on 20 Jan 2023 | 2 years ago
Authentication
digital resources
180x Filetype PDF File size 0.20 MB Source: www.ecoforesters.org
Woodland
Owner Notes
North Carolina’s Forestry Present-Use
Valuation (PUV) Property Tax Program
Qualified North Carolina owners of soundly managed commercial forestland have
been eligible for property tax reductions since 1974 through the state’s forestry
present-use property tax program. To be eligible for Forestry Present Use Valuation,
qualified forestland must be actively engaged in the commercial growing of trees
under sound management (NC General Statues 105 277.2- 277.7). Commercial
growing of trees will entail a harvest as a thinning, partial, or complete harvest of
trees (as prescribed in the forest management plan filed with the county tax office).
Numerous legislative changes, court deci- to the use-value of the land that is produc-
sions, and property tax commission rul- ing timber, rather than to the market value,
ings have altered the PUV program over which is based on the highest and best use
the years. This document covers the major of the property. In many counties the tax
provisions of the law, forestry qualifications savings from enrolling in the PUV program
,and eligibility requirements for deferring are substantial and allow landowners to
property taxes through the Forestry PUV maintain their forestland despite develop-
program. ment pressure.
This publication provides a brief overview ACREAGE REQUIREMENTS
of a complicated law. The interpretations are
based on administrative guidance from the The qualifying piece of land must have
N.C. Department of Revenue as of January at least 20 acres of forestland in timber
2011. This general discussion is not meant to production. This constitutes the “parent
address every specific or detailed question tract.” Once the 20-acre parent tract quali-
related to this law. For answers to specific fies, smaller tracts may be brought under
questions, contact your county property tax use-value as long as they are under the
office, a tax attorney, or the state Department same ownership and current use, are under
of Revenue. sound forest management, are in the same
WHAT IS FORESTRY PRESENT- county or within 50 miles of the parent
USE-VALUE? tract if the smaller tract is not in the same
county, and have satisfied the ownership
Forestry PUV is the value of a tract of land requirements noted below. Forestland is
used as forestland, based solely on its ability not required to produce annual income— a
to produce income from timber growth, as- stipulation for agriculture and horticulture
suming an average level of management. A properties.
county tax assessor calculates the associated
property tax by applying the current tax rate
Woodland Owner Notes
WHO QUALIFIES? SOUND FOREST MANAGEMENT
• An individual. REQUIREMENTS
• A business entity. Eligible entities include certain types of Sound management is a program of production designed
corporations, limited partnership, a general partnership, to obtain the greatest net return from the land consistent
or a limited liability company having as its principal busi- with its conservation and long-term improvement. § (105-
ness the commercial production of forest products and 277.2(6)). A county tax assessor will require a landowner to
whose members are individuals or relatives of a member apply for acceptance to the PUV program and submit in-
actively engaged in the business. Generally, business formation, including a sound, written, forest-management
entities are not allowed to lease the land to another party plan, to verify that the property qualifies for and continues
for forestry purposes. However, in the limited circum- to qualify for present-use valuation. Further, the asses-
stance in which all the members of the business entity are sor will expect the owner to implement the practices (or
relatives, the business entity may lease out the land and attempt to implement the practices) outlined in that forest
still meet the “principal business” and “actively engaged” management plan. Key elements of a written forest manage-
requirements. ment plan are:
• A trust. The trust must be created by an individual who • A statement of management and landowner objectives.
transfers the land to the trust. Each of the beneficiaries • Location maps and photographs of forestland.
must be currently entitled to receive income or principal • A forest inventory/description that includes age, size, soil
and must meet at least one of the following criteria: productivity, and condition of each delineated stand and
The beneficiary is the creator of the trust or a relative corresponding to a map of forestland in timber produc-
of the creator. tion.
or • Prescribed practices for forest management and stand
The beneficiary is a second trust whose beneficiaries management recommendations.
are currently entitled to receive income or principal. • Harvest and regeneration objectives with timetables of
All beneficiaries are either the creators of the first expected timber harvests and recommended regeneration
trust or relatives of the creators. systems to be implemented once the final harvest of crop
• A testamentary trust. This trust must be created by an trees is complete.
individual. Land transferred to the trust must qualify The forest management plan must be detailed enough
in the creator’s name. At the time of the creator’s death, for the assessor to determine if the forestland is in fact be-
the creator must have no relatives, and the trust income, ing managed soundly for commercial timber production.
minus reasonable administrative expenses, must be used The plan must set forth reasonable and prudent man-
exclusively for educational, scientific, literary, cultural, agement practices to be used in producing commercial
charitable, or religious purposes. timber, and the plan must be implemented over the stated
• Tenants in common. Each tenant must be an individual, a life of the plan. Because forests and landowner objectives
qualifying business entity, or a trust as described above. change, plans may have to be modified; if modified, a copy
• Shareholders of a qualified corporation, partners of a of the amended document should be sent to the county
general or limited partnership, and members of a limited assessor’s office.
liability company. (To review the North Carolina State PUV application, go
to the Department of Revenue website and view Appendix
OWNERSHIP REQUIREMENTS AV-5 in the Present-Use Value Program Guide: http://www.
• Land where the applicant resides can qualify immediately. dor.state.nc.us/publications/puv_guide.pdf Note-certain
• All other lands must have been owned for the preceding 4 counties may have specific applications that differ from this
years to qualify. state application. Check with your county tax office prior to
filing an application. Note:
1) Your county tax officials will be reviewing landowner
objectives to ensure that commercial timber production
is the primary goal.
2
North Carolina’s Forestry Present-Use Valuation (PUV) Property Tax Program
2) PUV program expectations are production-focused; ENSURING COMPLIANCE
therefore, sound, active management for future com- Non-compliance by landowners of all requirements for
mercial products (timber, pulpwood, or fiber) at the the Forestry PUV Program can result in removal from the
greatest net return consistent with land conservation program. Landowners must continually make efforts to
and improvement is implied. implement their sound forest management plans, as PUV
3) The signed application for PUV and its accompany- Program parcels may be reviewed for compliance annually.
ing forest management plan constitute an agreement If circumstances change in a manner that justifies variation
between the landowner and county tax office. Landown- from the original forest management plan recommenda-
ers who fail to implement their management activities tions, the plan should be updated and submitted to the tax
in a timely manner may risk program disqualification, assessor’s office to maintain PUV compliance.
deferred tax reimbursement, and interest penalties. Compliance reviews are discussed further below. If your
land is no longer eligible for the program, you are required
APPLICATION PROCEDURE to notify the county assessor to discontinue your land in the
A forest landowner must apply at the county tax office for program. Common reasons for disqualification from the
forestry PUV consideration. The application must be sub- Forestry PUV Program include:
mitted to the tax assessor’s office in the county where the • Landowner is unable or unwilling to follow the recom-
property is located. The landowner should be in compliance mendations in the forest management plan—especially
as of January 1 of the year of application. The application pertaining to the harvesting of timber
forms may be obtained from county tax assessors, and the • Transfer of land to someone other than a close relative.
application must be filed on a “timely” basis, which means:
• It must be filed during the regular listing period of the • Change in land use or acreage.
year in which the benefit of the classification is first • Land does not remain under a sound forest management
claimed. The regular listing period (unless extended by a plan or program.
majority vote of the county commissioners) falls during
the month of January and ends with the close of business DISQUALIFICATION — PENALTIES FOR
on January 31. New owners of enrolled PUV property or CHANGE IN LAND USE
existing enrollees can apply for PUV consideration within If a property is disqualified from the Forestry PUV Pro-
60 days of a property transfer. If either of these deadlines gram, a “rollback” provision is triggered. This action rolls
is missed, individuals may request a listing extension in back the deferred taxes. The owner will be taxed for the
writing for “good cause.” §105-307(c) The new owner will current year at market value, and deferred taxes (the dif-
have to meet all the requirements for initial qualification ference between what would have been collected at market
and may or may not be immediately eligible for that year value minus what was actually collected under the use-val-
depending on the specifics of the situation. ue assessment) will be owed, plus interest on the deferred
• If the assessed value (market or PUV) of the property amount for the previous three tax years. Substantial
changes, as is often the case for periodic property tax re- penalties may be levied if the landowner failed to notify the
valuations, the application must be filed within 30 days of assessor of the changes that triggered the disqualification.
the date on the county tax assessor’s “notice of a change.” COMPLIANCE REVIEWS
• A complete forest management plan should be in place Under N.C. General Statute 105-296 (J), at least one eighth
by January 1 of the year the application for the Forestry of the parcels classified for taxation at PUV are to be re-
PUV program is made. Most county tax offices require viewed annually by county tax assessors to verify that those
the management plan to be filed when the landowner’s parcels still qualify for the classification. Generally, the as-
Forestry PUV application is submitted. If forest landown- sessor is authorized to request from the owner any informa-
ers need a forest management plan for their property, they tion needed to verify that the property still qualifies. The
will need to begin the process of requesting/preparing for purpose of the review is to objectively evaluate continued
such a management plan early enough to meet the dead- compliance with Forestry PUV program requirements and
line. Refer to this document’s Summary section for infor- ensure fairness to all taxpayers. Properties not meeting
mation on finding a Forester to assist with this process. the qualifications of ownership, size, or sound manage-
3
Woodland Owner Notes
ment will be disqualified, and the rollback penalty will be WOODLAND AS PART OF AN AGRICULTURAL
applied. County tax offices may employ additional person- OR HORTICULTURAL UNIT
nel to assist in the evaluation of PUV program compliance Agricultural or horticultural land classifications may
when needed. include woodland that is part of a farm or horticultural
APPEAL PROCESS unit. This woodland must be appraised under the use-value
If a tract loses its Forestry PUV classification, the landowner schedules as woodland if it is equal to or greater than 20
may appeal the county tax assessor’s decision. According to acres. The woodland is not required to be under sound for-
N.C. General Statute 105-277.4 (b1), “Decisions of the asses- est management (have a forest management plan) if it less
sor regarding the qualification or appraisal of property under than 20 acres or if it is determined that the best use for the
this section may be appealed to the county board of equaliza- tract is to protect from wind erosion, protect water quality,
tion and review or, if that board is not in session, to the board or act as a buffer from adjacent agricultural, horticultural,
of county commissioners. Decisions of the county board may livestock or poultry operations.
be appealed to the “property tax commission.” TAX TREATMENT OPTIONS FOR LANDOWNERS
FORESTRY-USE-VALUE SCHEDULES — NOT INTERESTED IN COMMERICAL TIMBER
PRODUCTION
County tax assessors have the authority to set Present Some landowners will find that their land management
Use Value Program tax rates. Because of this, the tax rates objectives do not closely match up with the Forestry PUV
vary from county to county, which can create a frustrating program requirements for commercial timber production.
situation for landowners. In 1985, the General Assembly These landowners may want to pursue one of the alternative
created the Use-Value Advisory Board (UVAB) to compile land and tax management options described briefly below:
and distribute annually to all counties a manual of recom- The Wildlife Conservation Land Program (WCLP)
mended Present Use Value schedules, which are available
for public use at the tax assessor’s office. The schedules are Since 2010, a new program for the taxation of wildlife con-
based on six major land resource areas (MLRAs), five net servation has been available for North Carolina landown-
income ranges (based on income potential from reasonable, ers. Landowners must have at least 20 acres of contiguous
prudent, average timber management regimes for preferred qualifying acreage. No more than 100 acres of an owner’s
and/or predominant tree species on identified soil series), land in any one county may be classified as wildlife conser-
and a statutory 9 percent capitalization rate (see “Capital- vation land. To qualify, the land must meet the following
ization Rate” section below). criteria:
One purpose of the manual is to improve consistency, at • Managed under a written wildlife habitat conservation
least between counties within the same MLRA. The major- agreement with the North Carolina Wildlife Resources
ity of counties have historically used the recommended Commission (NCWRC)
use-value schedules in some fashion. Often, they will con- • Agreement must be in effect as of January 1 of the year in
solidate the ranges, pick one average figure for forestland, which the application is submitted
or otherwise adapt the figures to the local situation. How-
ever, county assessors also are fully authorized to ignore the • The land must have been classified under the present-use
manual and develop their own schedules. value program when the conservation agreement was
WHAT IS CAPITALIZATION (CAP) RATE? signed
“Cap rate” is an interest rate used to convert the net annual • Landowner must protect an animal species that “lives
income of forestland to use-value. The net annual income on the land” and is listed on the North Carolina List of
divided by the cap rate equals use-value. For example, if a Endangered, Threatened and Species of Special Concern
soil type is capable of producing $36 net income per acre published by NCWRC, or
per year, then the value of the land, using a 9 percent (0.09) • Conserve any one of the following priority animal
cap rate, is: $36/0.09 = $400 use-value per acre. habitats:
Another way to look at it, in terms we are more familiar • Longleaf pine forest • Stream and riparian zone
with, is that if you put $400 in the bank at 9 percent annual • Early successional habitat • Rock outcrop
interest, after one year, you would earn $36 in interest.
• Small wetland community • Bat cave
4
no reviews yet
Please Login to review.
