1999 Tax Law Changes - Excise Tax On Conveyances XXI. EXCISE TAX ON CONVEYANCES Article 8E - Title Change: The title of the Article, "Excise Stamp on Conveyances," was changed to replace the word "Stamp" with the word "Tax." The change was necessary due to the repeal of the statute requiring issuance of conveyance stamps. (Effective July 1, 2000; HB 56, S.L. 99-28.) G.S. 105-228.28 - Technical Change: This statute was rewritten to make stylistic changes. (Effective July 1, 2000; HB 56, S.L. 99-28.) G.S. 105-228.29 - Conforming and Technical Changes: This statute was amended to add a reference to conversions, so that transfers by operation of a conversion of one kind of entity, such as a corporation, into another kind, such as a limited liability company, are exempt from the transfer tax. This change was made to reflect changes made in the business laws concerning mergers, conversions, and consolidations. The statute was also rewritten to make stylistic changes and to put the exemptions in a numbered list. With the exception of the addition of the word conversion to subdivision (7), the exceptions are the same as under prior law. (Conforming change effective December 15, 1999; SB 835, s. 5.10, S.L. 99-369; technical changes effective July 1, 2000; HB 56, S.L. 99-28.) G.S. 105-228.30 - Conforming Changes: This statute was amended to delete a reference to "stamp" and to make stylistic changes. The reference to "stamp" is deleted because, with the repeal of G.S. 105-228.31, the reference is obsolete. (Effective July 1, 2000; HB 56, S.L. 99-28.) G.S. 105-228.31 - Stamp Requirement Repealed: This statute was repealed. With its repeal, the Secretary of Revenue no longer has the duty to issue stamps to place on deeds. The Registers of Deeds will use a meter or another device to mark the tax paid upon recording a deed. (Effective July 1, 2000; HB 56, S.L. 99-28.) G.S. 105-228.32 - Conforming Changes: This statute was rewritten to eliminate references to stamps issued by the Department of Revenue. The revision reflects the repeal of G.S. 105-228.31, which required the Department to issue stamps for use in recording instruments at the Register of Deeds Office. Previously, the Register of Deeds had the duty of affixing a tax stamp on an instrument presented for registration. Under the revised statute, the register of deeds has the duty of marking the instrument to indicate that the tax has been paid before recording the instrument. (Effective July 1, 2000; HB 56, S.L. 99-28.) G.S. 105-228.33 - Technical Change: The statute was rewritten to reflect more modern language. (Effective July 1, 2000; HB 56, S.L. 99-28.) G.S. 105-228.34 - Repealed: This statute made it a Class 3 misdemeanor for a person to willfully and knowingly fail to pay the excise tax imposed by Article 8E or to willfully and knowingly help another person fail to pay the tax. This criminal sanction was not used. (Effective July 1, 2000; HB 56, S.L. 99-28.) G.S. 105-228.35 - Technical Change: This statute was rewritten to delete the reference to repealed Article 30 of Chapter 105 of the General Statutes and to replace it with a reference to Article 9 of that Chapter. (Effective July 1, 2000; HB 56, S.L. 99-28.) G.S. 105-228.36 - Repealed: This statute was repealed because it is no longer needed. It declared that reproducing tax stamps was punishable as forgery. With the repeal of the requirement to have a tax stamp, a statute about forging the tax stamps is unnecessary. (Effective July 1, 2000; HB 56, S.L. 99-28.)
1999 Tax Law Changes - Excise Tax On Conveyances XXI. EXCISE TAX ON CONVEYANCES Article 8E - Title Change: The title of the Article, "Excise Stamp on Conveyances," was changed to replace the word "Stamp" with the word "Tax." The change was necessary due to the repeal of the statute requiring issuance of conveyance stamps. (Effective July 1, 2000; HB 56, S.L. 99-28.) G.S. 105-228.28 - Technical Change: This statute was rewritten to make stylistic changes. (Effective July 1, 2000; HB 56, S.L. 99-28.) G.S. 105-228.29 - Conforming and Technical Changes: This statute was amended to add a reference to conversions, so that transfers by operation of a conversion of one kind of entity, such as a corporation, into another kind, such as a limited liability company, are exempt from the transfer tax. This change was made to reflect changes made in the business laws concerning mergers, conversions, and consolidations. The statute was also rewritten to make stylistic changes and to put the exemptions in a numbered list. With the exception of the addition of the word conversion to subdivision (7), the exceptions are the same as under prior law. (Conforming change effective December 15, 1999; SB 835, s. 5.10, S.L. 99-369; technical changes effective July 1, 2000; HB 56, S.L. 99-28.) G.S. 105-228.30 - Conforming Changes: This statute was amended to delete a reference to "stamp" and to make stylistic changes. The reference to "stamp" is deleted because, with the repeal of G.S. 105-228.31, the reference is obsolete. (Effective July 1, 2000; HB 56, S.L. 99-28.) G.S. 105-228.31 - Stamp Requirement Repealed: This statute was repealed. With its repeal, the Secretary of Revenue no longer has the duty to issue stamps to place on deeds. The Registers of Deeds will use a meter or another device to mark the tax paid upon recording a deed. (Effective July 1, 2000; HB 56, S.L. 99-28.) G.S. 105-228.32 - Conforming Changes: This statute was rewritten to eliminate references to stamps issued by the Department of Revenue. The revision reflects the repeal of G.S. 105-228.31, which required the Department to issue stamps for use in recording instruments at the Register of Deeds Office. Previously, the Register of Deeds had the duty of affixing a tax stamp on an instrument presented for registration. Under the revised statute, the register of deeds has the duty of marking the instrument to indicate that the tax has been paid before recording the instrument. (Effective July 1, 2000; HB 56, S.L. 99-28.) G.S. 105-228.33 - Technical Change: The statute was rewritten to reflect more modern language. (Effective July 1, 2000; HB 56, S.L. 99-28.) G.S. 105-228.34 - Repealed: This statute made it a Class 3 misdemeanor for a person to willfully and knowingly fail to pay the excise tax imposed by Article 8E or to willfully and knowingly help another person fail to pay the tax. This criminal sanction was not used. (Effective July 1, 2000; HB 56, S.L. 99-28.) G.S. 105-228.35 - Technical Change: This statute was rewritten to delete the reference to repealed Article 30 of Chapter 105 of the General Statutes and to replace it with a reference to Article 9 of that Chapter. (Effective July 1, 2000; HB 56, S.L. 99-28.) G.S. 105-228.36 - Repealed: This statute was repealed because it is no longer needed. It declared that reproducing tax stamps was punishable as forgery. With the repeal of the requirement to have a tax stamp, a statute about forging the tax stamps is unnecessary. (Effective July 1, 2000; HB 56, S.L. 99-28.)
