North Carolina § 105-160 - 2. Imposition of tax.

§ 105-160. 2. Imposition of tax.

The tax imposed by this Part applies to the taxable income of estates and trusts as determined under the provisions of the Code except as otherwise provided in this Part. The taxable income of an estate or trust is the same as taxable income for such an estate or trust under the provisions of the Code, adjusted as provided in G.S. 105-153.5 and G.S. 105-153.6 , except that the adjustments provided in G.S. 105-153.5 and G.S. 105-153.6 are apportioned between the estate or trust and the beneficiaries based on the distributions made during the taxable year. The tax is computed on the amount of the taxable income of the estate or trust that is for the benefit of a resident of this State, or for the benefit of a nonresident to the extent that the income (i) is derived from North Carolina sources and is attributable to the ownership of any interest in real or tangible personal property in this State or (ii) is derived from a business, trade, profession, or occupation carried on in this State. For purposes of the preceding sentence, taxable income and gross income is computed subject to the adjustments provided in G.S. 105-153.5 and G.S. 105-153.6. The tax on the amount computed above is at the rate levied in G.S. 105-153.7 . The fiduciary responsible for administering the estate or trust shall pay the tax computed under the provisions of this Part. History (1989, c. 728, s. 1.38; 1989 (Reg. Sess., 1990), c. 814, s. 21; 1991, c. 689, s. 302; 1998-98, s. 69; 2013-414, s. 5(g); 2014-3, s. 2.3(a); 2017-204, s. 1.12.) Editor's Note. - Session Laws 2017-204, s. 7.1, is a severability clause. Effect of Amendments. - Session Laws 2013-414, s. 5(g), effective for taxable years beginning on or after January 1, 2012, substituted "G.S. 105-134.6A" for "G.S. 105-134.7" and "shall be" for "is" throughout; in the first sentence, substituted "applies" for "shall apply"; in the second sentence, substituted "are apportioned" for "shall be apportioned"; and rewrote the last sentence, which formerly read "The tax computer under the provisions of this Part shall be paid by the fiduciary responsible for administering the estate or trust." Session Laws 2014-3, s. 2.3(a), effective for taxable years beginning on or after January 1, 2014, substituted "G.S. 105-153.5 and G.S. 105-153.6 " for "G.S. 105-134.6 and G.S. 105-134.6 A" throughout the section, and substituted "G.S. 105-153.7" for "G.S. 105-134.2(a)(3)" in the next-to-last sentence. Session Laws 2017-204, s. 1.12, effective August 11, 2017, substituted "rate levied" for "rates levied" in the next-to-last sentence.