Bill Summary for H 399 (2019-2020)

Summary date: 

Oct 8 2019

Bill Information:

View NCGA Bill Details2019-2020 Session
House Bill 399 (Public) Filed Wednesday, March 20, 2019
AN ACT TO MAKE CERTAIN TAX CHANGES, TO EXTEND CERTAIN TAX BENEFITS, AND TO APPROPRIATE FUNDS FROM THE COLLECTIONS ASSISTANCE FEE SPECIAL FUND TO THE DEPARTMENT OF REVENUE.
Intro. by Ross, Bell, Warren, Adams.

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Bill summary

Senate committee substitute to the 4th edition deletes all content (except as indicated) and replaces it with the following.

Amends GS 105-153.5(a) and (c2) to allow, for taxable years 2014 through 2018 (was, beginning on or after 2014) a taxpayer, who elected to take the income tax exclusion under section 408(d)(8) of the Internal Revenue Code (Code) for a qualified charitable distribution from an individual retirement plan by a person who has attained the age of 70 and a half, to deduct the amount that would have been allowed as a charitable deduction under section 170 of the Code had the taxpayer not elected to take the income exclusion. 

Amends GS 105-130.5 (concerning corporate income tax) and GS 105-153.5 (concerning individual income tax) to provide for an income tax deduction for the amount received by a taxpayer as an economic incentive pursuant to GS 143B-437.012 (Job Maintenance and Capital Development Fund), Part 2G (Job Development Investment Grant Program), or Part 2H (One North Carolina Fund), Article 10, GS Chapter 143B. Specifies that the corporate deduction is to the extent included in federal taxable income. Applies to amounts received by a taxpayer pursuant to an economic incentive agreement entered into on or after January 1, 2019.

Retains changes to GS 105-129.110 made in the previous edition. 

Amends GS 105-129.71 by adding new (a1) providing that a taxpayer who is allowed a credit for making qualified rehabilitation expenditures of at least $10 million with respect to a certified rehabilitation of an eligible railroad station is allowed a credit equal to 40% of the qualified rehabilitation expenditures. Prohibits the credit from being claimed for a taxable year beginning prior to January 1, 2021. Requires the credit to be taken in two equal installments on returns filed for taxable years 2021 and 2022; the sum of the installments is equal to the credit amount allowed for qualified rehabilitation expenditures incurred in taxable years 2019, 2020, and 2021. Defines an eligible railroad station as a site in this state that meets all of the seven listed criteria, including: it was used as a manufacturing facility and either was used as a railroad station or is located adjacent to a site that is or was used as a railroad station; it is a designated local landmark as certified by a city on or before June 30, 2019; and it is located in a development tier one or tier two area. Amends GS 105-129.74 to prohibit a taxpayer claiming a credit under Article 3H (Mill Rehabilitation Tax Credit) from also claiming a credit under Article 3L (Historic Rehabilitation Tax Credits Investment Program). Specifies that the rules and fee schedule adopted under GS 105-129.107 apply to Article 3H. Amends GS 105-129.75 by adding that for credits allowed under new GS 105-129.71(a1) for rehabilitation of eligible railroad stations: (1) the qualified rehabilitation expenditures must be incurred on or after January 1, 2019, and before January 1, 2022; and (2) Article 3H expires and the tax credit under (a1) may not be claimed for rehabilitation projects not completed and placed in service before January 1, 2022. 

Extends the sunset provisions of the following statutes from January 1, 2020, to January 1, 2024: GS 105-164.13(11b) (sales tax exemption for sales of aviation gasoline and jet fuel to an interstate air business for use in a commercial aircraft); GS 105-164.13(65) and (65a) (sales tax exemption for certain sales to a professional motorsports racing team or a related member of a team for competition use, or an engine or part to build or rebuild an engine under an agreement to a professional motorsports team or related member of a team for competition use); and GS 105-164.14A(a)(4) and (5) (concerning tax refunds for a motorsports team or sanctioning body for taxes paid on aviation gasoline or jet fuel used to travel to or from a motorsports event in the state, or from the state, or to this state, and taxes paid on certain tangible personal property).

Amends GS 143-215.104A by extending the sunset on the Dry-Cleaning Solvent Cleanup Act of 1997 from January 1, 2022, to January 1, 2032, with three named exceptions, which are already in place under current law. Provides that any dry-Cleaning Solvent Assessment Agreement or Dry-Cleaning Solvent Remediation Agreement in force as of January 1, 2032 (was, 2012) continues to be governed by Part 6 of Article 21A of GS Chapter 143 as though those provisions had not been repealed. Amends GS 105-164.44E (Transfer to the Dry-Cleaning Solvent Cleanup Fund) to extend the sunset from July 1, 2020, to July 1, 2030. Extends the sunset on Article 5D, Dry-Cleaning Solvent Tax, from January 1, 2020, to January 1, 2030. 

Sets the rate to be used in calculating the insurance regulatory charge for the 2020 calendar year at 6.5%.

Appropriates the following amounts from the Collection Assistance Fee Special Fund to the Department of Revenue: (1) $12.5 million in nonrecurring funds for 2019-20 for costs associated with tax system operations and maintenance upgrades and (2) $4.4 million in nonrecurring funds in each fiscal year of the 2019-21 biennium to contract with a vendor to perform identify theft and tax fraud analysis using the Government Data Analytics Center. 

Provides that if any of this act and GS 143C-5-4 (enactment deadline; procedures to be followed when the Current Operations Appropriations Act does not become law prior to the end of certain fiscal years) are in conflict, the provisions of this act prevail. 

Provides that if H 966 (2019 Appropriations Act) becomes law, then the following Sections are repealed: 12.14 (Dry Cleaning Solvent Program Extension), 29.1 (Insurance Regulatory Fee), 41.2 (Income Exclusion For IRA Distributions to Charities by Taxpayers Age 70 1/2 or Older), 41.6 (Deduction for Amounts Received as Economic Incentives), 41.7 (Extend Historic Rehabilitation Tax Credit and Reinstate the Mill Rehabilitation Tax Credit), 41.8 (Extend Sales Tax Exemption for Qualifying Airlines), and 41.9 (Extend Sales Tax Exemptions For Professional Motorsports Teams).

Makes conforming changes to the act's titles.

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