CAPE HATTERAS/GAS CITIES/INFRASTRUCTURE LAND (NEW).

View NCGA Bill Details2013-2014 Session
Senate Bill 790 (Public) Filed Thursday, May 15, 2014
AN ACT TO PHASE IN THE SALES TAX RATE ON ELECTRICITY SOLD BY CAPE HATTERAS ELECTRICAL MEMBERSHIP CORPORATION AND THE SALES TAX RATE ON PIPED NATURAL GAS SOLD BY GAS CITIES, TO MODIFY THE PROPERTY TAX DEFERRAL PROGRAM FOR SITE INFRASTRUCTURE LAND, AND TO DELAY THE CHANGE IN THE HIGHWAY USE TAX BASE TO INCLUDE DEALER ADMINISTRATIVE FEES.
Intro. by Cook.

Status: Ch. SL 2014-39 (Senate Action) (Jun 30 2014)

SOG comments (2):

Long title change

Committee substitute to the 1st edition changed the long title. Original long title was A BILL TO BE ENTITLED AN ACT TO MAINTAIN THE EXEMPTION ON SALES OF ELECTRICITY BY CAPE HATTERAS ELECTRICAL MEMBERSHIP CORPORATION FROM SALES TAX RECOGNIZED IN 1965.

Long title change

House committee substitute to the 2d edition changed the long title. Original long title was AN ACT TO PHASE IN THE SALES TAX ON ELECTRICITY SOLD BY CAPE HATTERAS ELECTRICAL MEMBERSHIP CORPORATION.

Bill History:

S 790/S.L. 2014-39

Bill Summaries:

  • Summary date: Jul 1 2014 - More information

    AN ACT TO PHASE IN THE SALES TAX RATE ON ELECTRICITY SOLD BY CAPE HATTERAS ELECTRICAL MEMBERSHIP CORPORATION AND THE SALES TAX RATE ON PIPED NATURAL GAS SOLD BY GAS CITIES, TO MODIFY THE PROPERTY TAX DEFERRAL PROGRAM FOR SITE INFRASTRUCTURE LAND, AND TO DELAY THE CHANGE IN THE HIGHWAY USE TAX BASE TO INCLUDE DEALER ADMINISTRATIVE FEES. Enacted June 30, 2014. Effective June 30, 2014, except as otherwise provided.

     

  • Summary date: Jun 19 2014 - More information

    House committee substitute makes the following changes to the 2nd edition.

    Under current law, effective July 1, 2014, subdivision (9) of GS 105-164.4(a)provides that the combined general rate applies to gross receipts derived from sales of electricity and piped natural gas.Amends GS 105-164.4(a), adding a new subdivision (14), to provide that regardless of the provisions of subdivision (9), the 3.5% rate applies to the gross receipts derived from sales of piped natural gas (1) received by a gas city for consumption by that city and (2) delivered by a gas city to a sales customer or transportation customer of the gas city. Definesgas city as a city in North Carolina that operated a piped natural gas distributionsystemas of July 1, 1998.Identifies the cities meeting this definition as Bessemer City, Greenville, Kings Mountain, Lexington, Monroe, Rocky Mount Shelby, and Wilson. Additionally, includes definitions for the terms (1) sales customer and (2) transportation customer. Clarifies that regardless of subdivision (9), the 3.5% rate applies to grossreceiptsderivedfrom sales of electricity by Cape Hatteras Electric Membership Corporation. Effective July 1, 2014 and expires July 1, 2015, and applies to the gross receipts of piped natural gas or electricity billed during that time.

    Amends GS 105-164.44L(b) to delete requirements regarding the separate calculation of the excise tax share of a gas city by the Secretary of the North Carolina Department of Revenue; instead, provides for the calculation of cities including a gas city. Effective for quarters beginning on or after July 1, 2014.

    Amends GS 105-164.44L(a) to provide that a gas city will also receive an amount calculated under subsection (b1) of this section as part of its excise tax share. Makes conforming changes to extend the provisions of this section to include application to gas cities. Effective for quarters beginning on or after July 1, 2015.

    Amends GS 105-44L to clarify the inclusion of gas cities in the provisions regarding excise tax distribution. Clarifies that the Department of Revenue's decision regarding a gas city's excise tax share is final and not subject to administrative or judicial review. Requires a gas city to report required information to the Secretary in the form, manner, and time frame as required by the Secretary. Effective for quarters beginning on or after July 1, 2015.

    Amends GS 105-277.15A(b) to modify the property tax deferral program for site infrastructure land. Effective for taxes imposed for taxable years beginning on or after July 1, 2015.

    Repeals Section 34.29 of SL 2013-360, as amended by Section 8.1 of SL 2013-363, to delay the change in the highway use tax base to include dealer administrative fees.


  • Summary date: Jun 10 2014 - More information

    The Senate committee substitute to the 1st edition deletes the provisions of the previous edition and replaces it with AN ACT TO PHASE IN THE SALES TAX ON ELECTRICITY SOLD BY CAPE HATTERAS ELECTRICAL MEMBERSHIP CORPORATION.

    Amends GS 105-164.4(a) to provide that the tax rate of 3.5% applies to the gross receipts derived from sales of electricity by Cape Hatteras Electric Membership Corporation. Effective July 1, 2014, and expires July 1, 2015.


  • Summary date: May 16 2014 - More information

    Repeals Section 4.5 of SL 2013-316, which, effective July 1, 2014, would have made Cape Hatteras Electrical Membership Corporation subject to taxes, other than property tax, to the same extent as other electrical membership corporations.


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