North Carolina § 105-187 - 6. Exemptions from highway use tax.

§ 105-187. 6. Exemptions from highway use tax.

Full Exemptions. - The tax imposed by this Article does not apply when a certificate of title is issued as the result of a transfer of a motor vehicle: To (i) the insurer of the motor vehicle under G.S. 20-109.1 because the vehicle is a salvage vehicle or (ii) a used motor vehicle dealer under G.S. 20-109.1 because the vehicle is a salvage vehicle that was abandoned. To either a manufacturer, as defined in G.S. 20-286, or a motor vehicle retailer for the purpose of resale. To the same owner to reflect a change or correction in the owner's name. To one or more of the same co-owners to reflect the removal of one or more other co-owners, when there is no consideration for the transfer. By will or intestacy. By a gift between a husband and wife, a parent and child, or a stepparent and a stepchild. By a distribution of marital or divisible property incident to a marital separation or divorce. Repealed by Session Laws 2009-445, s. 16, effective August 7, 2009. To a local board of education for use in the driver education program of a public school when the motor vehicle is transferred: By a retailer and is to be transferred back to the retailer within 300 days after the transfer to the local board. By a local board of education. To a volunteer fire department or volunteer rescue squad that is not part of a unit of local government, has no more than two paid employees, and is exempt from State income tax under G.S. 105-130.11, when the motor vehicle is one of the following: A fire truck, a pump truck, a tanker truck, or a ladder truck used to suppress fire. A four-wheel drive vehicle intended to be mounted with a water tank and hose and used for forest fire fighting. An emergency services vehicle. To a State agency from a unit of local government, volunteer fire department, or volunteer rescue squad to enable the State agency to transfer the vehicle to another unit of local government, volunteer fire department, or volunteer rescue squad. To a revocable trust from an owner who is the sole beneficiary of the trust. To a charitable organization operating under section 501(c)(3) of the Internal Revenue Code (26 U.S.C. § 501(c)(3)) where the vehicle was donated to the charitable organization solely for purposes of resale by the charitable organization. Partial Exemptions. - A maximum tax of forty dollars ($40.00) applies when a certificate of title is issued as the result of a transfer of a motor vehicle: To a secured party who has a perfected security interest in the motor vehicle. To a partnership, limited liability company, corporation, trust, or other person where no gain or loss arises on the transfer of the motor vehicle under section 351 or section 721 of the Code, or because the transfer is treated under the Code as being to an entity that is not a separate entity from its owner or whose separate existence is otherwise disregarded, or to a partnership, limited liability company, or corporation by merger, conversion, or consolidation in accordance with applicable law. Out-of-state Vehicles. - A maximum tax of two hundred fifty dollars ($250.00) applies when a certificate of title is issued for a motor vehicle that, at the time of applying for a certificate of title, is and has been titled in the name of the owner of the motor vehicle in another state for at least 90 days prior to the date of application for a certificate of title in this State. Exemption Limitation. - The full exemptions set out in subsection (a) of this section, except for those set out in subdivisions (1), (2), (9), and (10) of subsection (a) of this section, do not apply to a certificate of title issued for a motor vehicle titled in another state at the time of the transfer. The partial exemptions set out in subsection (b) of this section do not apply to a certificate of title issued for a motor vehicle titled in another state at the time of the transfer. History (1989, c. 692, s. 4.1; c. 770, ss. 74.9, 74.10; 1991, c. 193, s. 4; c. 689, s. 323; 1993, c. 467, s. 1; 1995, c. 390, s. 31; 1997-443, s. 11A.118(a); 1998-98, s. 15.1; 1999-369, s. 5.9; 2000-140, s. 68; 2001-387, s. 151; 2001-424, s. 34.24(d); 2001-487, s. 68; 2009-81, s. 2; 2009-445, s. 16; 2010-95, s. 6; 2013-400, s. 6; 2015-241, ss. 29.34(a), 29.34A(b); 2015-268, s. 10.1(d); 2017-69, s. 1; 2018-43, s. 5.) Editor's Note. - Session Laws 2015-241, s. 29.34A(c), as amended by Session Laws 2015-268, s. 10.1(d), provides: "This section becomes effective January 1, 2016, and applies to sales made on or after that date, or, for purposes of G.S. 105-187.5 , a lease or rental agreement entered into on or after that date.' Effect of Amendments. - Session Laws 2009-81, s. 2, effective June 11, 2009, added subdivision (a)(10). Session Laws 2009-445, s. 16, effective August 7, 2009, deleted subdivision (a)(7), which read: "To a handicapped person from the Department of Health and Human Services after the vehicle has been equipped by the Department for use by the handicapped." Session Laws 2010-95, s. 6, effective July 17, 2010, added subdivision (a)(11). Session Laws 2013-400, s. 6, effective October 1, 2013, in subdivision (a)(1), inserted "(i)" and added "or (ii) a used motor vehicle dealer under G.S. 20-109.1 because the vehicle is a salvage vehicle that was abandoned." Session Laws 2015-241, s. 29.34(a), effective September 30, 2015, in subsection (c), inserted "in the name of the owner of the motor vehicle" and added "prior to the date of application for a certificate of title in this State." Session Laws 2015-241, s. 29.34A(b), substituted "tax of two hundred fifty dollars ($250.00)" for "tax of one hundred fifty dollars ($150.00)." in subsection (c). For effective date and applicability, see Editor's note. Session Laws 2017-69, s. 1, effective June 28, 2017, added subsection (d). Session Laws 2018-43, s. 5, effective June 22, 2018, added subdivision (a)(12).