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The North Carolina Court of Appeals struck down Union County’s Adequate Public Facilities Ordinance (APFO) and its Voluntary Mitigation Payment (VMP) in a decision handed down on December 8, 2009. A panel of three appellate judges unanimously reversed a decision by the trial court upholding the ordinance and remanded the case back to Union County Superior Court for further proceedings consistent with the opinion. The court agreed with the plaintiffs’ argument that the North Carolina General Assembly “neither expressly nor impliedly authorized the defendant (county) to adopt the APFO.”
The case was brought by the Union County Land Owners Association, made up of Union County builders and NCHBA members, including Craft Development, R.D. Harrell Company, and Fairview Developers, against the APFO adopted by the Union County Commissioners in October of 2006. The ordinance provided that a residential development would be rejected if the county found that the plans would overburden the capacity of schools serving the development. However, if the landowner was willing to pay a VMP totaling almost $16,000 per house, the development could proceed.
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Do you have unsold homes and need some tax relief?
In the most recent legislative session, NCHBA worked closely with the N.C. General Assembly to enact SL 2009-308 Defer Tax of Builder Inventory. The legislation allows a builder to defer the portion of taxes levied on residences owned and constructed by builders that are unsold as of January 1 of each year. The deferment may be granted based on taxes levied on improvements only; the land is fully taxable. This legislation is effective for 2010 and will sunset in 2013.
You must act soon to take advantage of this legislation in 2010. |
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In July, the U.S. Immigration and Customs Enforcement (ICE) launched a new initiative to audit the I-9 form records of businesses across the country. Employers are required to have an I-9 form on file for all current (and some past) employees as the identity and employment eligibility verification required by law.
Knowing which regulations apply to your business, especially in the area of hiring immigrant workers, is often a daunting task. The National Association of Home Builders (NAHB) has compiled some critical information available to help you understand, navigate, and comply with the complex regulatory environment of hiring immigrant workers---Immigration Information for Builders.
For additional information, please visit the exclusive, members-only immigration section of the NAHB website.
WRAL News Story on Immigration Policy
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The North Carolina General Assembly adjourned just after noon on Tuesday, Aug. 11, bringing to a close a very challenging and, at least on budget issues, contentious session. The NCHBA Government Affairs staff was present for every day of the 2009 session, working to protect the interests of the home building industry.
While the state budget dominated committee discussions and news reports, other battles waged. Issues such as annexation, a smoking ban in public places, public campaign financing, changes to the Beach Plan, a ban on texting while driving, railroad corridor management, bullying in schools, revision of public school sex-ed curriculum and procedural changes to cases involving the death penalty were some of the hot topics deliberated by General Assembly members over the seven-month session. |
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One of NCHBA’s top Legislative Priorities, H.B. 852 Defer Tax on Builders' Inventory, was enacted on Friday, July 17 as Ch. SL 2009-308.
H.B. 852 will allow home builders with unsold inventory to defer the portion of tax assessed for the improvements (construction of a home). All of the deferred tax, plus interest, must be paid when the home is sold or occupied. This act is effective for taxes imposed for taxable years beginning on or after July 1, 2010.
Thank you to everyone who responded to the Call to Action by letting your legislators know what the deferral means to your business. |
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The National Association of Home Builders (NAHB) Web site www.federalhousingtaxcredit.com provides detailed information about the $8,000 tax credit for first-time home buyers who purchase homes between Jan. 1 and Nov. 30, 200.
In addition to being limited to first-time home buyers, the tax credit: - Is equal to 10 percent of the home’s purchase price up to a maximum of $8,000. - Does not have to be repaid. - Has income limits of $75,000 for single taxpayers and $150,000 for married couples. - Allows tax credit home buyers to participate in the mortgage revenue bond program; and - Permits state housing finance agencies to help buyers at closing by advancing the credit amount as a loan using tax-exempt bond proceeds.
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