Bill Summaries: S5 (2013-2014 Session)

  • Summary date: Jan 30 2013 - View summary

    Identical to H 14, filed 1/30/13.

    Makes technical, clarifying, and stylistic changes to various statutes in GS Chapter 105, as title indicates. Amends GS 105-129.84(c) to clarify that the standard carryforward period (was, five-year period) applies to specified credits granted to growing businesses.

    Effective for tax years beginning January 1, 2012, amends GS 105-134.6 to update references to adjusted gross income. Makes conforming changes. Recodifies specified provisions of GS 105-134.7 (concerning transitional adjustments) in GS 105-134.6, and repeals the remainder of GS 105-134.7. Clarifies, in GS 105-151.18, that NC taxable income is defined in GS 105-134.5 for purposes of credits for persons with disabilities.

    Sets out the definition for school instructional material and clarifies the definition for storage in GS 105-164.3 (definitions for sales and use tax provisions). Amends GS 105-164.4(a)(3) to clarify that a facilitator must send a retailer any sales price and tax due for an accommodation rental no later than 10 days after the end of each calendar month (rather than within three days of receiving notice). Amends GS 105-164.6(c) to clarify when a credit is allowed against the complementary use tax. Revises the exemptions from sales and use tax for certain types of computer software and certain types of personal property sold by a retailer. Amends GS 105-164.14(b) to provide that a listed hospital is allowed a refund of sales and use taxes paid for over-the-counter drugs (was, medicines and drugs). Also grants this refund to a single member LLC that is disregarded for income tax purposes and that meets specified conditions. Repeals GS 105-164.35 (concerning excessive payments).

    Authorizes the Secretary of Revenue to develop a matrix showing the taxability of certain items and permits taxpayers to rely on the matrix. States that a retailer is not liable for an underpayment of tax due to a rate change under specified circumstances. Clarifies, in GS 105-187.51, that a privilege tax is imposed on certain manufacturing plants (was, a manufacturing industry or plant). Amends GS 105-236.1(a) to grant revenue law enforcement officers authority to enforce GS 14-113.20 (identify theft violations) and GS 14-133.20A (trafficking in stolen identities). Clarifies, in GS 105-259(b), the purposes for which tax information may be disclosed. Modifies the confidentiality provisions for information received from administering the unauthorized substances tax.

    Modifies the license requirements in GS 105-113.4A for licenses obtained to distribute tobacco products. Amends GS 105-113.4B to modify the reasons for canceling such a license. Deletes the investigation provision in GS 105-113.13; specifies that a bond also includes an irrevocable letter of credit. Effective July 1, 2013.

    Adds a definition for advertising and promotional direct mail in GS 105-164.3 (sales and use tax definitions), and makes conforming changes to GS 105-164.4B. Removes the sunset date on modifications to certain register of deeds fees.