North Carolina § 105-263 - Timely filing of mailed documents and requests for extensions.

§ 105-263. Timely filing of mailed documents and requests for extensions.

Mailed Document. - Sections 7502 and 7503 of the Code govern when a return, report, payment, or any other document that is mailed to the Department is timely filed. (Effective for taxable years beginning before January 1, 2019) Extension. - The Secretary may extend the time in which a person must file a return with the Secretary. To obtain an extension of time for filing a return, a person must comply with any application requirement set by the Secretary. An extension of time for filing a franchise tax return or an income tax return does not extend the time for paying the tax due or the time when a penalty attaches for failure to pay the tax. An extension of time for filing any return other than a franchise tax return or an income tax return extends the time for paying the tax due and the time when a penalty attaches for failure to pay the tax. When an extension of time for filing a return extends the time for paying the tax expected to be due with the return, interest, at the rate established pursuant to G.S. 105-241.21, accrues on the tax due from the original due date of the return to the date the tax is paid. (Effective for taxable years beginning on or after January 1, 2019) Extension. - The Secretary may extend the time in which a person must file a return with the Secretary. Except as provided in subsection (c) of this section, a person must comply with any application requirement set by the Secretary to obtain an extension of time for filing a return. An extension of time for filing a franchise tax return or an income tax return does not extend the time for paying the tax due or the time when a penalty attaches for failure to pay the tax. An extension of time for filing any return other than a franchise tax return or an income tax return extends the time for paying the tax due and the time when a penalty attaches for failure to pay the tax. When an extension of time for filing a return extends the time for paying the tax expected to be due with the return, interest, at the rate established pursuant to G.S. 105-241.21, accrues on the tax due from the original due date of the return to the date the tax is paid. (Effective for taxable years beginning on or after January 1, 2019) Automatic Extension. - A person who is granted an automatic extension to file a federal income tax return, including a return of partnership income, is granted an automatic extension to file the corresponding State income tax return and franchise tax return. The person must certify on the State tax return that the person was granted a federal extension. Electronic Documents. - The Secretary shall prescribe when a return, report, payment, or any other document that is electronically submitted to the Department is timely filed. History (1939, c. 158, s. 932; 1973, c. 476, s. 193; 1977, c. 1114, s. 2; 1989 (Reg. Sess., 1990), c. 984, s. 14; 1991 (Reg. Sess., 1992), c. 930, s. 11; 1997-300, s. 1; 2007-491, s. 44(1)a; 2008-107, s. 28.18(c); 2010-95, s. 10(a); 2012-79, s. 1.8; 2013-414, s. 1(j); 2018-5, s. 38.4(a), 38.10(q).) Subsection (b) Set Out Twice. - The first version of subsection (b) set out above is effective for taxable years beginning before January 1, 2019. The second version of subsection (b) set out above is effective for taxable years beginning on or after January 1, 2019. Editor's Note. - Session Laws 2007-491, s. 47, provides: "G.S. 105-241.10, as enacted by Section 1 of this act, and Sections 6, 15, 16, 17, and 22 are effective for taxable years beginning on or after January 1, 2007. Section 14 is effective for taxable years beginning on or after January 1, 2008. Sections 45, 46, and 47 are effective when they become law. The remainder of this act becomes effective January 1, 2008. The procedures for review of disputed tax matters enacted by this act apply to assessments of tax that are not final as of the effective date of this act and to claims for refund pending on or filed on or after the effective date of this act. This act does not affect matters for which a petition for review was filed with the Tax Review Board under G.S. 105-241.2 before the effective date of this act. The repeal of G.S. 105-122(c) and G.S. 105-130.4(t) and Sections 11 and 12 apply to requests for alternative apportionment formulas filed on or after the effective date of this act. A petition filed with the Tax Review Board for an apportionment formula before the effective date of this act is considered a request under G.S. 105-122(c1) or G.S. 105-130.4(t1) , as appropriate." Session Laws 2008-107, s. 28.18(e), provides: "This section does not affect the rights or liabilities of the State, a taxpayer, or another person arising under a statute repealed by this act before the effective date of its repeal; nor does it affect the right to any refund or credit of a tax that accrued under the repealed statute before the effective date of its repeal." Session Laws 2008-107, s. 1.2, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2008'." Session Laws 2008-107, s. 30.3, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2008-2009 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2008-2009 fiscal year." Session Laws 2008-107, s. 30.5 is a severability clause. Subsection (d) was enacted by Session Laws 2018-5, s. 38.10(q), as subsection (c). It was redesignated at the direction of the Revisor of Statutes. 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 2007-491, s. 44(1)a., effective January 1, 2008, substituted "G.S. 105-241.21" for "G.S. 105-241.1(i)" in the last sentence. For applicability, see Editor's note. Session Laws 2008-107, s. 28.18(c), effective January 1, 2009, and applicable to gifts made on or after the date, substituted "franchise tax return or an income tax return" for "franchise tax return, an income tax return, or a gift tax return" twice. Session Laws 2010-95, s. 10(a), effective July 17, 2010, rewrote the section catchline, which formerly read: "Extensions of time for filing a report or return"; added present subsection (a); redesignated the previously existing provisions of the section as subsection (b); and, in subsection (b), added "Extension. - " at the beginning. Session Laws 2012-79, s. 1.8, effective June 26, 2012, substituted "Sections 7502 and 7503 of the Code govern" for "Section 7502 of the Code governs" in subsection (a). Session Laws 2013-414, s. 1(j), effective August 23, 2013, deleted "report or" preceding "return" or similar language throughout subsection (b). Session Laws 2018-5, s. 38.4(a), effective for taxable years beginning on or after January 1, 2019, in the second sentence in subsection (b), substituted "Except as provided in subsection (c) of this section" for "To obtain an extension of time for filing a return" at the beginning, and added "to obtain an extension of time for filing a return" at the end; and added subsection (c). Session Laws 2018-5, s. 38.10(q), effective June 12, 2018, added subsection (c). For redesignation of subsection, see editor's note.