North Carolina § 105-164 - 11B. Recover sales tax paid.

§ 105-164. 11B. Recover sales tax paid.

A retailer who pays sales and use tax on an item that is separately stated on an invoice or similar billing document given to the retailer at the time of sale and subsequently resells the item at retail, without the item being used by the retailer, may recover the sales or use tax originally paid to a seller as provided in this section. A retailer entitled to recover tax under this section may reduce taxable receipts by the taxable amount of the purchase price of the item resold for the period in which the retail sale occurs. A recovery of tax allowed under this section is not an overpayment of tax and, where such recovery is taken, a refund of the tax originally paid may not be requested from the seller pursuant to the authority under G.S. 105-164.11 . Any amount for tax recovered under this section in excess of tax due for a reporting period under this Article is not subject to refund. Any tax recovered under this section may be carried forward to a subsequent reporting period and taken as an adjustment to taxable receipts. The records of the retailer must clearly reflect and support the adjustment to taxable receipts for the period in which the adjustment is made. History (2018-5, s. 38.5(h); 2019-169, s. 3.3(i).) Editor's Note. - Session Laws 2018-5, s. 38.5(aa), made this section effective June 12, 2018. 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. Effect of Amendments. - Session Laws 2019-169, s. 3.3(i), effective July 26, 2019, substituted "item" for "property or services" throughout the section; substituted "an item that is separately stated on an invoice or similar billing document given to the retailer at the time of sale" for "property or services" in the first sentence, "may" for "should" in the third sentence, and inserted "from the seller" in the third sentence of this section. § 105-164.12: Repealed by Session Laws 2001-347, s. 2.11, effective January 1, 2002.