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Current as of January 01, 2023 | Updated by Findlaw Staff
(a) Duty to Pay.--It shall be the duty of every guardian, executor, administrator, agent, trustee, receiver, or other fiduciary having care or control of any real or personal property to pay the taxes thereon out of the trust funds in his hands.
(b) Liability for Failure to Pay.--Any fiduciary who fails to pay the taxes on property in his care or control when trust funds are available to him for that purpose shall be personally liable for the taxes. This liability may be enforced by a civil action brought in the name of the tax collector of the taxing unit to which the taxes are owed against the fiduciary in an appropriate division of the General Court of Justice of the county in which the taxing unit is located.
(c) Liability for Sale of Property.--Any fiduciary who suffers property in his care or control to be sold by reason of his negligence in failing to pay the taxes thereon when available funds were in his hands shall be liable to his ward, principal, or cestui que trust for all actual damages incurred as a result of his neglect.
(d) Effect of Section.--This section shall not have the effect of relieving property and estates held in trust or under the control of fiduciaries from the lien of property taxes.
Cite this article: FindLaw.com - North Carolina General Statutes Chapter 105. Taxation § 105-383. Fiduciaries to pay taxes - last updated January 01, 2023 | https://codes.findlaw.com/nc/chapter-105-taxation/nc-gen-st-sect-105-383/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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