North Carolina § 105-113 - 39. Discount; refund.

§ 105-113. 39. Discount; refund.

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. 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. History (1969, c. 1075, s. 2; 1991, c. 689, s. 273; 2001-414, s. 4; 2003-284, s. 45A.1(c); 2004-84, s. 2(c); 2005-406, s. 2; 2008-207, s. 4; 2014-3, ss. 9.2, 15.1(d).) Editor's Note. - Session Laws 2003-284, s. 48.1, provides: "Parts 32 through 47 of this act do not affect the rights or liabilities of the State, a taxpayer, or another person arising under a statute amended or repealed by those parts before the effective date of its amendment or repeal; nor do they affect the right to any refund or credit of a tax that accrued under the amended or repealed statute before the effective date of its amendment or repeal." This section was repealed by Session Laws 2003-284, s. 45A.1(c), effective for reporting periods beginning on or after August 1, 2003. Session Laws 2004-84, s. 2(c), reenacted and amended the section, effective for reporting periods beginning on or after August 1, 2004. Session Laws 2014-3, s. 15.1(f), provides: "Nothing in this section shall be construed as circumventing future United States Food and Drug Administration regulation of tobacco products, other tobacco products, or vapor products." Effect of Amendments. - Session Laws 2004-84, s. 2(c), effective for reporting periods beginning on or after August 1, 2004, reenacted and amended the section by substituting "two percent (2%)" for "four percent (4%)." Session Laws 2005-406, s. 2, effective September 1, 2005, added "refund" to the section heading; inserted the subsection (a) designation and "Discount" as the heading; added subsection (b); and made a minor punctuation change. Session Laws 2008-207, s. 4, effective October 1, 2008, and applicable to products returned on or after that date, in the second sentence of subsection (a), deleted "losses due to damage to tobacco products " following "this discount covers " and made a minor stylistic change; and in subsection (b), in the first sentence, substituted "G.S. 105-113.35(b) " for "G.S. 150-113.35(b), " in the second sentence, substituted "tobacco products " for "cigars " twice, and substituted "listing the tobacco products " for "stating the number of cigars, " and in the third sentence, substituted "listed products " for "unsalable cigars." Session Laws 2014-3, s. 9.2, effective May 29, 2014, inserted "a written certificate signed under penalty of perjury or" in the second sentence of subsection (b). Session Laws 2014-3, s. 15.1(d), effective June 1, 2015, inserted "on tobacco products but not including vapor products" following "Part" in the first sentence of subsection (a).