North Carolina § 105-449 - 90. When tax return and payment are due.

§ 105-449. 90. When tax return and payment are due.

Filing Periods. - The excise tax imposed by this Article is payable when a return is due. A return is due annually or monthly, as specified in this section. A return must be filed with the Secretary and be in the form required by the Secretary. Annual Filers. - A terminal operator must file an annual return for the compensating tax imposed by G.S. 105-449.85. Repealed by Session Laws 2006-162, s. 14(c), effective January 1, 2007, and applicable to motor fuel purchased on or after that date. Monthly Filers on 22nd. - The following persons must file a monthly return by the 22nd of each month: A refiner. A supplier. A bonded importer. A blender. A tank wagon importer. A person that incurred a liability under G.S. 105-449.86 during the preceding month for the tax on dyed diesel fuel used to operate certain highway vehicles. A person that incurred a liability under G.S. 105-449.87 during the preceding month for the backup tax on motor fuel. Monthly Filers on 3rd. - An occasional importer must file a monthly return by the third day of each month. An occasional importer is not required to file a return if all the motor fuel imported by the importer in a reporting period was removed at a terminal located in another state and the supplier of the fuel is an elective supplier or a permissive supplier. An annual return is due within 45 days after the end of each calendar year. An annual return covers tax liabilities that accrue in the calendar year preceding the date the return is due. A monthly return of a person other than an occasional importer is due within 22 days after the end of each month. A monthly return of an occasional importer is due by the 3rd of each month. A monthly return covers tax liabilities that accrue in the calendar month preceding the date the return is due. History (1995, c. 390, s. 3; 1995 (Reg. Sess., 1996), c. 647, s. 23; 1997-60, s. 11; 2006-162, s. 14(c); 2019-6, s. 4.12.) Editor's Note. - Session Laws 2006-162, s. 33, provides, in part, that: "An exempt card or code will not be valid for sales of motor fuel at the terminal rack on or after January 1, 2007." Effect of Amendments. - Session Laws 2006-162, s. 14(c), effective January 1, 2007, and applicable to motor fuel purchased on or after that date, in subsection (a), substituted "annually" for "annually, quarterly," near the beginning of the second sentence, and deleted the former third paragraph which read: "A quarterly return is due by the last day of the month that follows the end of a calendar quarter. A quarterly return covers tax liabilities that accrue in the calendar quarter preceding the date the return is due"; and deleted former subsection (c) which read: "Quarterly Filers. A licensed importer that removes fuel at a terminal rack of a permissive or an elective supplier and a licensed distributor must file a quarterly return under G.S. 105-449.94 to reconcile exempt sales." Session Laws 2019-6, s. 4.12, effective March 20, 2019, substituted "return" for "return, however" in the second sentence of subsection (e).