North Carolina § 105-163 - 1. Definitions.

§ 105-163. 1. Definitions.

The following definitions apply in this Article: Compensation. - Consideration a payer pays a payee. Repealed by Session Laws 2009-476, s. 1, effective for taxable years beginning on or after January 1, 2010. Repealed by Session Laws 2014-3, s. 14.4(a), effective for taxable years beginning on or after January 1, 2014. Employee. - An individual, whether a resident or a nonresident of this State, who performs services in this State for wages or an individual who is a resident of this State and performs services outside this State for wages. The term includes an ordained or licensed member of the clergy who elects to be considered an employee under G.S. 105-163.1A, an officer of a corporation, and an elected public official. Employer. - A person for whom an individual performs services for wages. In applying the requirements to withhold income taxes from wages and pay the withheld taxes, the term includes a person who: Controls the payment of wages to an individual for services performed for another. Pays wages on behalf of a person who is not engaged in trade or business in this State. Pays wages on behalf of a unit of government that is not located in this State. Pays wages for any other reason. Individual. - Defined in G.S. 105-153.3. Individual Taxpayer Identification Number (ITIN). - A taxpayer identification number issued by the Internal Revenue Service to an individual who is required to have a U.S. taxpayer identification number but who does not have, or is not eligible to obtain, a Social Security number (SSN) from the Social Security Administration. ITIN contractor. - An ITIN holder who performs services in this State for compensation other than wages. ITIN holder. - A person whose taxpayer identification number is an Individual Taxpayer Identification Number (ITIN), including applied for and expired numbers. Miscellaneous payroll period. - A payroll period other than a daily, weekly, biweekly, semimonthly, monthly, quarterly, semiannual, or annual payroll period. Nonresident contractor. - Either of the following: A nonresident individual who performs in this State for compensation other than wages any personal services in connection with a performance, an entertainment, an athletic event, a speech, or the creation of a film, radio, or television program. A nonresident entity that provides for the performance in this State for compensation of any personal services in connection with a performance, an entertainment, an athletic event, a speech, or the creation of a film, radio, or television program. Nonresident entity. - Any of the following: A foreign limited liability company, defined using the same definition for the term "foreign LLC" in G.S. 57D-1-03, that has not obtained a certificate of authority from the Secretary of State pursuant to Article 7 of Chapter 57D of the General Statutes. A foreign limited partnership as defined in G.S. 59-102 or a general partnership formed under the laws of any jurisdiction other than this State, unless the partnership maintains a permanent place of business in this State. A foreign corporation, as defined in G.S. 55-1-40, that has not obtained a certificate of authority from the Secretary of State pursuant to Article 15 of Chapter 55 of the General Statutes. Pass-through entity. - Defined in G.S. 105-228.90. Payee. - Any of the following: A nonresident contractor. An ITIN contractor. A person who performs services in this State for compensation that fails to provide the payer a taxpayer identification number. A person who performs services in this State for compensation that fails to provide the payer a valid taxpayer identification number. The Secretary must notify a payer that a taxpayer identification number is not valid. Payer. - A person who, in the course of a trade or business, pays compensation. Payroll period. - A period for which an employer ordinarily pays wages to an employee of the employer. Pension payer. - A payor or a plan administrator with respect to a pension payment under section 3405 of the Code. Pension payment. - A periodic payment or a nonperiodic distribution as those terms are defined in section 3405 of the Code. Taxable year. - Defined in section 441(b) of the Code. Taxpayer Identification Number (TIN). - Defined in G.S. 105-228.90(b)(31). Wages. - The term has the same meaning as in section 3401 of the Code, except the term does not include amounts paid to a nonresident employee for a business, trade, profession, or occupation carried on in this State to perform disaster-related work during a disaster response period at the request of a critical infrastructure company. The definitions and provisions of G.S. 166A-19.70A apply to this subdivision. Withholding agent. - An employer, a pension payer, or a payer. History (1959, c. 1259, s. 1; 1967, c. 716, s. 3; 1973, c. 476, s. 193; 1977, c. 657, s. 5; 1979, c. 801, s. 70; 1983, c. 713, ss. 79, 82; 1985, c. 394, s. 1; c. 656, s. 7; 1985 (Reg. Sess., 1986), c. 853, s. 1; 1987, c. 778, s. 1; 1987 (Reg. Sess., 1988), c. 1015, s. 5; 1989, c. 36, s. 5; c. 728, s. 1.40; 1989 (Reg. Sess., 1990), c. 945, s. 5; c. 981, s. 6; 1991, c. 689, s. 255; 1991 (Reg. Sess., 1992), c. 922, s. 7; 1993, c. 12, s. 9; c. 354, s. 15; 1997-6, s. 6; 1997-109, ss. 1, 2, 4; 1998-162, ss. 1, 2; 1999-414, ss. 1, 2; 2000-126, s. 2; 2003-416, s. 4(b); 2009-476, s. 1; 2013-157, s. 29; 2014-3, s. 14.4(a); 2016-5, s. 2.3; 2018-5, s. 38.1(d); 2019-169, s. 6.4(a); 2019-187, s. 1( l ); 2020-58, s. 4.4(c).) Editor's Note. - Session Laws 2018-5, s. 1.1, provides: "This act shall be known as the 'Current Operations Appropriations Act of 2018.'" Session Laws 2018-5, s. 39.7, is a severability clause. Session Laws 2019-187, s. 3, made the amendment of subdivision (13) by Session Laws 2019-187, s. 1( l ), effective August 1, 2019, and applicable to disaster declarations on or after that date. G.S. 105-228.90(b)(31) was substituted for G.S. 105-228.90(b)(9) in subdivision (12a) at the direction of the Revisor of Statutes. Effect of Amendments. - Session Laws 1999-414, ss. 1 and 2, effective January 1, 2001, added subdivisions (11a) and (11b); and inserted "a pension payer" and made a minor punctuation change in subdivision (14). Session Laws 2000-126, s. 2, effective January 1, 2001, in subdivision (11b) deleted "that is not an eligible rollover distribution" following "nonperiodic distribution" and inserted "those terms are" preceding "defined." Session Laws 2003-416, s. 4.(b), effective August 14, 2003, substituted "G.S. 105-228.90" for "G.S. 105-163.010" in subdivision (9). Session Laws 2009-476, s. 1, effective for taxable years beginning on or after January 1, 2010, rewrote subdivision (1); deleted subdivision (2), which defined "Contractor"; added subdivisions (6a), (6b), and (7a); and rewrote subdivision (10). Session Laws 2013-157, s. 29, effective January 1, 2014, in subdivision (8)a., substituted "defined using the same definition for the term 'foreign LLC' in G.S. 57D-1-03 " for "as defined in G.S. 57C-1-03" near the beginning, and substituted "Chapter 57D" for "Chapter 57C" near the end. Session Laws 2014-3, s. 14.4(a), effective for taxable years beginning on or after January 1, 2014, repealed subdivision (3). Session Laws 2016-5, s. 2.3, effective May 11, 2016, substituted "G.S. 105-153.3" for "G.S. 105-134.1" in subdivision (6); and rewrote subdivision (13). Session Laws 2018-5, s. 38.1(d), effective June 12, 2018, deleted "except it does not include the amount an employer pays an employee as reimbursement for ordinary and necessary expenses incurred by the employee on behalf of the employer and in the furtherance of the business of the employer" following "Code" at the end of subdivision (13). Session Laws 2019-169, s. 6.4(a), effective January 1, 2020, rewrote subdivisions (1) and (10); added subdivisions (6a), (9a), and (12a); redesignated former subdivisions (6a) and (6b) as subdivisions (6b) and (6c), respectively; and added "including applied for and expired numbers" at the end of subdivision (6c). Session Laws 2019-187, s. 1( l ), rewrote subdivision (13), which formerly read: "The term had the same meaning as in section 3401 of the Code." For effective date and applicability, see editor's note. Session Laws 2020-58, s. 4.4(c), effective June 30, 2020, rewrote subdivision (12a). Legal Periodicals. - For 1997 legislative survey, see 20 Campbell L. Rev. 481.