Bill Text: NC S461 | 2015-2016 | Regular Session | Amended
Bill Title: Eliminate Tobacco Discount
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2015-03-30 - Re-ref to Commerce. If fav, re-ref to Finance [S461 Detail]
Download: North_Carolina-2015-S461-Amended.html
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2015
S 1
SENATE BILL 461
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Short Title: Eliminate Tobacco Discount. |
(Public) |
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Sponsors: |
Senator Hartsell (Primary Sponsor). |
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Referred to: |
Rules and Operations of the Senate. |
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March 26, 2015
A BILL TO BE ENTITLED
AN ACT to repeal the discount to tobacco vendors who file a timely report.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 105‑113.21 reads as rewritten:
"§ 105‑113.21. Discount; refund.
…
(a1) Discount. – A distributor who files a
timely report under G.S. 105‑113.18 and who sends a timely payment
may deduct from the amount due with the report a discount of two percent (2%).
This discount covers expenses incurred in preparing the records and reports
required by this Part, and the expense of furnishing a bond.
…."
SECTION 2. G.S. 105‑113.39 reads as rewritten:
§ 105‑113.39. Discount; refund.Refund.
(a) Discount. – A wholesale dealer or a
retail dealer who is primarily liable under G.S. 105‑113.35(b) for
the excise taxes imposed by this Part on tobacco products but not including
vapor products, who files a timely report under G.S. 105‑113.37, and
who sends a timely payment may deduct from the amount due with the report a
discount of two percent (2%). This discount covers expenses incurred in
preparing the records and reports required by this Part and the expense of
furnishing a bond.
(b) Refund. – A wholesale dealer or
retail dealer who is primarily liable under G.S. 105‑113.35(b) for
the excise taxes imposed by this Part and is in possession of stale or
otherwise unsalable tobacco products upon which the tax has been paid may
return the tobacco products to the manufacturer and apply to the Secretary for
refund of the tax. The application shall be in the form prescribed by the
Secretary and shall be accompanied by a written certificate signed under
penalty of perjury or an affidavit from the manufacturer listing the tobacco
products returned to the manufacturer by the applicant. The Secretary shall
refund the tax paid, less the discount allowed, on the listed products."
SECTION 3. This act becomes effective July 1, 2015.
