Amends GS 105-236(a)(3) regarding penalties for failure to file a state tax return to define amount of taxfor purposes of this subdivision. Provides that if there is a refund due on the same date that the return is dueand that refund is not paid, then a penalty is assessed equal to 5% of the amount of the tax, providing that the failure to pay is for no more than one month. If the failure to pay continues beyond one month, there is a penalty of an additional 5% for each additional month or fraction of a month during which the failure to pay continues; however, the penalty may not total more than 10% or $5, whichever is greater. Effective for taxable years beginning on or after January 1, 2013.

Further amends GS 105-236(a)(3), effective January 1, 2014, to cap the penalty at 10% and 25% in the aggregate, removing possibility of the $5 limit.

Makes an additional conforming change,repealing Section 2.18 of SL 2012-79, which amended GS 105-236 effective January 1, 2014.