AN ACT TO GIVE CABARRUS COUNTY GREATER FLEXIBILITY TO USE LOCAL OPTION SALES TAX REVENUES FOR EDUCATION.
Applies only to Cabarrus County.
Enacts Article 43A, County Sales and Use Tax for Public Education, to GS Chapter 105 providing that the purpose of the Article is to give the counties of this State an opportunity to obtain an additional source of revenue with which to meet their public education needs.
Authorizes counties to levy a local sales and use tax at a rate of 1/4% or 1/2% if approved by the voters in a referendum. Requires the tax to be equal to the rate that could be levied in that county under Article 43 of GS Chapter 105 (Local Government Sales and Use Taxes for Public Transportation), and prohibits a tax levied under Article 43A to be in effect in a county at the same time as a tax levied by that county or in that county under Article 43 of GS Chapter 105. Sets out additional procedures and requirements for administration of the tax. Exempts from the tax food exempt under GS 105-467(a)(5a) and the sales price of a bundled transaction taxable under GS 105-467(a)(5a). Allows counties to use proceeds from the tax only for public school capital outlay purposes, as defined in GS 115C-426(f), or to retire any indebtedness incurred by the county for these purposes.
Enacts GS 105-506.3 to make conforming changes prohibiting a tax levied under Article 43 of GS Chapter 105 to be in effect at the same time as a tax levied by that county under new Article 43A of GS Chapter 105.
Amends GS 105-164.3(4a) to define combined general rate as the term is used in Article 5 of GS Chapter 105 (Sales and Use Tax) as the sum of: (1) the State's general rate of tax set in GS 105-164.4(a); (2) the sum of the rates of the local sales and use taxes authorized for every county in this state by Article 39 of GS Chapter 105 (Local Government Sales and Use Tax) or Chapter 1096 of SL 1967 (Mecklenburg County specific sales and use tax), Article 40 of GS Chapter 105 (First One-Half Cent Local Government Sales and Use Tax), and Article 42 of GS Chapter 105 (Second One-Half Cent Local Government Sales and Use Tax) (currently, the sum of the rates of the local sales and use taxes authorized by Subchapter VIII of GS Chapter 105 for every county in this state); and (3) one-half of the maximum rate of tax authorized by Article 46 of GS Chapter 105 (One-Quarter Cent County Sales and Use Tax; currently not included in the combined general rate).
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