13 | 13 | | A BILL TO BE ENTITLED 1 |
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14 | 14 | | AN ACT TO RESTORE THE SALES TAX REFUND AUTHORIZED FOR LOCAL SCHOOL 2 |
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15 | 15 | | ADMINISTRATIVE UNITS. 3 |
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16 | 16 | | The General Assembly of North Carolina enacts: 4 |
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17 | 17 | | SECTION 1. Subdivision (2b) of subsection (c) of G.S. 105-164.14 is reenacted as 5 |
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18 | 18 | | it existed immediately before its repeal. 6 |
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19 | 19 | | SECTION 2. Subdivision (2c) of subsection (c) of G.S. 105-164.14 is reenacted as 7 |
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20 | 20 | | it existed immediately before its repeal. 8 |
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21 | 21 | | SECTION 3. G.S. 105-467(b) reads as rewritten: 9 |
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22 | 22 | | "(b) Exemptions and Refunds. – The State exemptions and exclusions contained in Article 10 |
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23 | 23 | | 5 of Subchapter I of this Chapter, except for the exemption for food in G.S. 105-164.13B, apply 11 |
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24 | 24 | | to the local sales and use tax authorized to be levied and imposed under this Article. The State 12 |
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25 | 25 | | refund provisions contained in G.S. 105-164.14 and G.S. 105-164.14A apply to the local sales 13 |
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26 | 26 | | and use tax authorized to be levied and imposed under this Article. A refund of an excessive or 14 |
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27 | 27 | | erroneous State sales tax collection allowed under G.S. 105-164.11 and a refund of State sales 15 |
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28 | 28 | | tax paid on a rescinded sale or cancelled service contract under G.S. 105-164.11A apply to the 16 |
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29 | 29 | | local sales and use tax authorized to be levied and imposed under this Article. The aggregate 17 |
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30 | 30 | | annual local refund amount allowed an entity under G.S. 105-164.14(b) for the State's fiscal year 18 |
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31 | 31 | | may not exceed thirteen million three hundred thousand dollars ($13,300,000). A 19 |
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32 | 32 | | Except as provided in this subsection, a taxing county may not allow an exemption, exclusion, 20 |
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33 | 33 | | or refund that is not allowed under the State sales and use tax. A local school administrative unit 21 |
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34 | 34 | | and a joint agency created by interlocal agreement among local school administrative units 22 |
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35 | 35 | | pursuant to G.S. 160A-462 to jointly purchase food service-related materials, supplies, and 23 |
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36 | 36 | | equipment on their behalf is allowed an annual refund of sales and use taxes paid by it under this 24 |
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37 | 37 | | Article on direct purchases of tangible personal property and services. Sales and use tax liability 25 |
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38 | 38 | | indirectly incurred by the entity as part of a real property contract for real property that is owned 26 |
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39 | 39 | | or leased by the entity and is a capital improvement for use by the entity is considered a sales or 27 |
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40 | 40 | | use tax liability incurred on direct purchases by the entity for the purpose of this subsection. The 28 |
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41 | 41 | | refund allowed under this subsection does not apply to purchases of electricity, 29 |
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42 | 42 | | telecommunications service, ancillary service, piped natural gas, video programming, or a 30 |
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43 | 43 | | prepaid meal plan. A request for a refund is due in the same time and manner as provided in 31 |
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44 | 44 | | G.S. 105-164.14(c). Refunds applied for more than three years after the due date are barred." 32 |
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45 | 45 | | SECTION 4. Effective July 1, 2025, G.S. 105-164.44H is repealed, and the Director 33 |
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46 | | - | of the Budget shall adjust the budget of the State Public School Fund accordingly. 34 General Assembly Of North Carolina Session 2025 |
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47 | | - | Page 2 House Bill 630-First Edition |
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48 | | - | SECTION 5. There is appropriated from the General Fund to the State Public School 1 |
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49 | | - | Fund a recurring amount equal to the amount of the adjustment in Section 4 of this act. 2 |
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50 | | - | SECTION 6. Except as otherwise provided, this act becomes effective July 1, 2025, 3 |
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51 | | - | and applies to sales made on or after that date. 4 |
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| 46 | + | of the Budget shall adjust the budget of the State Public School Fund accordingly. 34 |
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| 47 | + | SECTION 5. There is appropriated from the General Fund to the State Public School 35 |
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| 48 | + | Fund a recurring amount equal to the amount of the adjustment in Section 4 of this act. 36 |
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| 49 | + | H.B. 630 |
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| 50 | + | Mar 31, 2025 |
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| 51 | + | HOUSE PRINCIPAL CLERK General Assembly Of North Carolina Session 2025 |
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| 52 | + | Page 2 DRH10298-MCf-37 |
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| 53 | + | SECTION 6. Except as otherwise provided, this act becomes effective July 1, 2025, 1 |
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| 54 | + | and applies to sales made on or after that date. 2 |
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