North Carolina § 105-113 - 21. Discount; refund.

§ 105-113. 21. Discount; refund.

Repealed by Session Laws 2003-284, s. 45A.1(a), effective for reporting periods beginning on or after August 1, 2003. Discount. - A licensed 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. Refund. - A licensed distributor in possession of packages of stale or otherwise unsalable cigarettes upon which the tax has been paid may return the cigarettes to the manufacturer as provided in this subsection 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 an affidavit from the manufacturer stating the number of cigarettes returned to the manufacturer by the applicant. The Secretary shall refund the tax paid, less the discount allowed, on the unsalable cigarettes. The licensed distributor must return the cigarettes to the manufacturer of the cigarettes or to the affiliated manufacturer who is contracted by the manufacturer of the cigarettes to serve as the manufacturer's agent for the purposes of validating quantities and disposing of unsalable cigarettes. History (1969, c. 1075, s. 2; cc. 1222, 1238; 1973, c. 476, s. 193; 1993, c. 442, s. 9; 2001-414, s. 3; 2003-284, s. 45A.1(a); 2004-84, s. 2(a); 2011-330, s. 2(c); 2019-169, s. 4.1(c).) Effect of Amendments. - Session Laws 2003-284, s. 45A.1.(a), effective for reporting periods beginning on or after August 1, 2003, deleted "Discount" in the section heading; repealed subsection (a); and in subsection (b), deleted "less the discount allowed, to the applicant" following "paid on the unsalable cigarettes." Session Laws 2004-84, s. 2.(a), effective for reporting periods beginning on or after August 1, 2004, added subsection (a1); and inserted "less the discount allowed" in the last sentence of subsection (b). Session Laws 2011-330, s. 2(c), effective June 27, 2011, in subsection (b), inserted "as provided in this subsection" in the first sentence, and added the last sentence. Session Laws 2019-169, s. 4.1(c), effective July 26, 2019, inserted "licensed" preceding "distributor" in the first sentence of subsection (a) and in the first and last sentences in subsection (b). §§ 105-113.22, 105-113.23: Repealed by Session Laws 1993, c. 442, s. 8.