North Carolina § 105-130 - 16. Returns.

§ 105-130. 16. Returns.

Every corporation doing business in this State must file with the Secretary an income tax return showing specifically the items of gross income and the deductions allowed by this Part and any other facts the Secretary requires to make any computation required by this Part. The return of a corporation must be signed by its president, vice-president, treasurer, or chief financial officer. The officer signing the return must furnish an affirmation verifying the return. The affirmation must be in the form required by the Secretary. , (c) Repealed by Session Laws 2011-390, s. 4, as amended by Session Laws 2011-411, s. 8(b), effective for taxable years beginning on or after January 1, 2012. History (1939, c. 158, s. 326; 1941, c. 50, s. 5; 1943, c. 400, s. 4; 1945, c. 708, s. 4; 1951, c. 643, s. 4; 1957, c. 1340, s. 4; 1967, c. 1110, s. 3; 1973, c. 476, s. 193; 1998-98, s. 69; 1999-337, s. 22; 2008-134, s. 4(a); 2009-445, s. 6; 2011-390, s. 4; 2011-411, s. 8(b).) Editor's Note. - Session Laws 2008-134, s. 4(b), was amended by Session Laws 2009-445, s. 6, to change the effective date for the 2008 amendment to subsection (a). The amendment by Session Laws 2008-134, s. 4(a), is now effective for taxable years beginning on or after January 1, 2008. Session Laws 2007-323, s. 31.18(e), provides: "This section does not affect the authority of the Department of Revenue under G.S. 105-130.6 , G.S. 105-130.16 , or any other statute to require a corporation to file a consolidated return or to determine the net income of a corporation properly attributable to this State. The General Assembly finds that an alternative method of addressing a corporation's attempt to use a real estate investment trust to shift income between entities and avoid State taxes is to require a captive REIT, as defined in G.S. 105-130.12 as amended by this section, to add to its federal taxable income the dividend paid deduction otherwise allowed under the Internal Revenue Code." Session Laws 2007-323, s. 1.2, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2007'." Session Laws 2007-323, s. 32.3, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2007-2009 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2007-2009 fiscal biennium." Session Laws 2007-323, s. 32.5 is a severability clause. Effect of Amendments. - Session Laws 2008-134, s. 4(a), effective for taxable years beginning on or after January 1, 2009, substituted "or chief financial officer" for "assistant treasurer, secretary, or assistant secretary" in the second sentence of subsection (a). Session Laws 2011-390, s. 4, as amended by Session Laws 2011-411, s. 8(b), effective for taxable years beginning on or after January 1, 2012, deleted the subsection (a) catchline, which read "Return."; and deleted subsections (b) and (c), which pertained to "Correction of Distortions" and "Other Corrections," respectively.