North Carolina § 105-164 - 26. Presumption that sales are taxable.

Full text of North Carolina North Carolina General Statutes § 105-164 — 26. Presumption that sales are taxable., with citation guidance and answers to common questions.

§ 105-164. 26. Presumption that sales are taxable.

For the purpose of the proper administration of this Article and to prevent evasion of the retail sales tax, the following presumptions apply: That all gross receipts of wholesale merchants and retailers are subject to the retail sales tax until the contrary is established by proper records as required in this Article. That tangible personal property sold by a person for delivery in this State is sold for storage, use, or other consumption in this State. That tangible personal property delivered outside this State and brought to this State by the purchaser is for storage, use, or consumption in this State. That certain digital property sold for delivery or access in this State is sold for storage, use, or consumption in this State. That a service purchased for receipt in this State is purchased for storage, use, or consumption in this State. History (1957, c. 1340, s. 5; 1998-98, s. 108; 2009-451, s. 27A.3(p); 2019-169, s. 3.3(q).) Effect of Amendments. - Session Laws 2009-451, s. 27A.3(p), effective August 7, 2009, rewrote the section. Session Laws 2019-169, s. 3.3(q), effective July 26, 2019, inserted "certain" near the beginning of subdivision (4).

Source: official North Carolina text · Last verified 2026-08-27

Frequently Asked Questions About North Carolina § 105-164

What does North Carolina General Statutes § 105-164 cover?

Section 105-164 ("26. Presumption that sales are taxable.") is part of the North Carolina General Statutes, the codified statutory law of North Carolina. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite North Carolina § 105-164?

A common citation format is "North Carolina General Statutes § 105-164" (North Carolina). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of North Carolina law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the North Carolina official source linked on this page or consult a licensed North Carolina attorney.

How does North Carolina § 105-164 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in North Carolina can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in North Carolina.