Senate committee substitute deletes the contents of the 1st edition and replaces them as follows.
Amends the long title.
Amends GS 105-164.3 (Definitions). Amends definitions of engaged in business, retail sale or sale at retail, retailer, and wholesale merchant. Effective September 1, 2017, and applies to sales made on or after that date.
Amends GS 105-164.4F (Accomodation rentals). Amends the definition of facilitator to include a person who is not a rental agent and contracts with a provider of an accommodation for (1): making available a forum or platform for a listing fee or by some other arrangement to market the accommodation and (2) accepting payment for the rental (was, payment from the consumer for the rental) of the accommodation. Makes conforming changes. Requires an annual report, by March 31 of each year, to the Secretary, from facilitators who only make forums or platforms available for a listing fee, or by some other similar arrangement to market an accommodation, and do not otherwise enter into a contract on behalf of the retailer or collect any part of the gross receipts derived from the rental of an accommodation. Provides requirements for the contents of the report to the Secretary. Effective September 1, 2017, and applies to sales made on or after that date.
Amends GS 105-164.8. Amends the provisions subjecting a retailer making a remote sale to a tax levied under GS Chapter 105, Article 5 (Sales and Use Tax). Subjects such a retailer to the tax if the retailer makes remote sales sourced to this State during the retailer's previous taxable year that exceeded either $100,000, or 200 or more transactions, effective January 1, 2018, and applying to sales made on or after that date. Subjects such a retailer to the tax if the retailer is a marketplace provider that transacts business in this State and facilitates a sale sourced to this State, and exempts marketplace providers from the $100,000 or 200 transactions requirement, effective July 1, 2019, and applying to sales made on or after that date.
Amends GS 105-164.3. Amends definitions of engaged in business, remote sale, and retailer, and definesmarketplace provider to refer to persons who facilitate a sale sourced to this State, through specified methods. Effective July 1, 2019, and applies to sales made on or after that date.
Enacts new GS 105-164.16B. Requires a marketplace provider to file a return and remit sales or use tax for all sales it facilitates for a retailer sourced to this State, unless the retailer for whom it facilitates the sale is registered in this State and the facilitator and retailer have an agreement that stipulates the retailer will remit the sales and use tax on facilitated sales. Subjects a marketplace provider to audit on the retail sales for which it must file a return and remit sales or use tax. Shields a marketplace provider from liability for failure to file, collect, and remit sales and use taxes upon a demonstration that the error was due to incorrect or insufficient information given by the retailer, unless the marketplace provider and retailer are related members. Provides for a refund of the sales tax to the purchaser if the purchaser receives a refund on any portion of the sales price, whether from the marketplace provider or from a person other than the marketplace provider, as specified. Effective July 1, 2019, and applies to sales made on or after that date.
Bill S 81 (2017-2018)Summary date: Jun 7 2017 - View summary
Bill S 81 (2017-2018)Summary date: Feb 14 2017 - View summary
Amends GS 105-164.8(b) to establish that a retailer is engaged in business in this state and is subject to the tax levied under Article 5 of GS Chapter 105 (Sales and Use Tax) if the retailer, with respect to remote sales into North Carolina for the previous calendar year, had (1) gross sales in excess of $100,000 and/or (2) 200 or more separate transactions. Effective July 1, 2017, and applies to sales made on or after that date.