North Carolina § 105-449 - 80. Tax rate.

§ 105-449. 80. Tax rate.

Rate. - For the period that begins on January 1, 2016, and ends on June 30, 2016, the motor fuel excise tax rate is a flat rate of thirty-five cents (35›) per gallon. For the period that begins on July 1, 2016, and ends on December 31, 2016, the motor fuel excise tax rate is a flat rate of thirty-four cents (34›) per gallon. For the calendar years beginning on January 1, 2017, the motor fuel excise tax rate is a flat rate of thirty-four cents (34›) per gallon, multiplied by a percentage. For calendar years beginning on or after January 1, 2018, the motor fuel excise tax rate is the amount for the preceding calendar year, multiplied by a percentage. The percentage is one hundred percent (100%) plus or minus the sum of the following: The percentage change in population for the applicable calendar year, as estimated under G.S. 143C-2-2, multiplied by seventy-five percent (75%). The annual percentage change in the Consumer Price Index for All Urban Consumers, multiplied by twenty-five percent (25%). For purposes of this subdivision, "Consumer Price Index for All Urban Consumers" means the United States city average for energy index contained in the detailed report released in the October prior to the applicable calendar year by the Bureau of Labor Statistics of the United States Department of Labor, or data determined by the Secretary to be equivalent. Repealed by Session Laws 2015-2, s. 2.2(a), effective January 1, 2016. Notification. - The Secretary must notify affected taxpayers of the tax rate to be in effect for each calendar year beginning January 1. History (1995, c. 390, s. 3; 2015-2, s. 2.2(a); 2018-5, s. 38.6(f).) Editor's Note. - Session Laws 2006-66, s. 2.2(g), provides: "There is created in the General Fund a Reserve for the Motor Fuels Tax Ceiling. The sum of twenty-two million nine hundred thirty-three thousand dollars ($22,933,000) is hereby transferred from the Savings Reserve Account to the Reserve for the Motor Fuels Tax Ceiling for the 2006-2007 fiscal year. "The State Treasurer shall transfer funds reserved to hold harmless the Highway Fund and the Highway Trust Fund from the Reserve for the Motor Fuels Tax Ceiling only if the variable wholesale component of the motor fuel excise tax rate in G.S. 105-449.80 would, without the imposition of the cap imposed by Section 24.3 of this act, exceed twelve and four-tenths cents (12.4 › ) a gallon. A transfer required under this subsection must be made on a monthly basis. The amount to be transferred from the Reserve for the Motor Fuels Tax Ceiling to the Highway Fund is the difference between the amount of motor fuel excise tax revenue allocated to the Highway Fund under G.S. 105-449.125 for a month and the amount that would have been allocated to it if the variable wholesale component were not capped at twelve and four-tenths cents (12.4 › ) a gallon. The total amount transferred to the Highway Fund under this subsection during fiscal year 2006-2007 may not exceed seventeen million six hundred thousand dollars ($17,600,000). The amount to be transferred from the Reserve for the Motor Fuels Tax Ceiling to the Highway Trust Fund is the difference between the amount of motor fuel excise tax revenue allocated to the Highway Trust Fund under G.S. 105-449.125 for a month and the amount that would have been allocated to it if the variable wholesale component were not capped at twelve and four-tenths cents (12.4 › ) a gallon. The total amount transferred to the Highway Trust Fund under this subsection during fiscal year 2006-2007 may not exceed five million seven hundred thousand dollars ($5,700,000). "Funds remaining in the Reserve for the Motor Fuels Tax Ceiling on June 30, 2007, shall revert to the Savings Reserve Account on June 30, 2007." Session Laws 2006-66, s. 1.2, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2006'." Session Laws 2006-66, s. 28.3, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2006-2007 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2006-2007 fiscal year." Session Laws 2006-66, s. 28.6 is a severability clause. Session Laws 2015-2, s. 2.1, provides: "Effective April 1, 2015, and notwithstanding G.S. 105-449.80 , the motor fuel excise tax rate is thirty-six cents (36 › ) a gallon." Session Laws 2015-2, s. 2.5, provides in part that section 2.1 of this act expires January 1, 2016. For prior similar provisions, see Session Laws 2006-66, s. 24.3(a), Session Laws 2007-323, s. 31.15(a), Session Laws 2009-108, s. 1, Session Laws 2012-142, s. 24.11, as amended by Session Laws 2012-194, s. 61.2, and Session Laws 2013-316, s. 8(a). 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 2020-91, s. 4.2, provides: "Notwithstanding the rate calculated pursuant to G.S. 105-449.80(a) , for the period that begins on January 1, 2021, and ends on December 31, 2021, the motor fuel excise tax rate shall be the greater of thirty-six and one-tenth cents (36.1 › ) per gallon or the rate calculated pursuant to G.S. 105-449.80(a) . For the period beginning January 1, 2022, the motor fuel tax rate shall be calculated pursuant to the formula set out in G.S. 105-449.80(a) using as the amount for the preceding calendar year the amount that the motor fuel tax rate would have been for the period beginning on January 1, 2021, and ending on December 31, 2021, but for the calculation under this section." Effect of Amendments. - Session Laws 2015-2, s. 2.2(a), effective January 1, 2016, rewrote subsection (a); repealed former subsection (b), concerning determination of wholesale price and sales price; and substituted "calendar year beginning January 1" for "six-month period beginning January 1 and July 1" in subsection (c). Session Laws 2018-5, s. 38.6(f), effective June 12, 2018, added "or data determined by the Secretary to be equivalent" at the end of subdivision (a)(2).