North Carolina 2025-2026 Regular Session

North Carolina House Bill H884 Compare Versions

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11 GENERAL ASSEMBLY OF NORTH CAROLINA
22 SESSION 2025
3-H 1
4-HOUSE BILL 884
3+H D
4+HOUSE BILL DRH10390-NIf-118
5+
56
67
78 Short Title: Prepared Food Tax - Modification. (Public)
8-Sponsors: Representatives Wheatley, F. Jackson, and Charles Smith (Primary Sponsors).
9-For a complete list of sponsors, refer to the North Carolina General Assembly web site.
10-Referred to: Finance, if favorable, Rules, Calendar, and Operations of the House
11-April 14, 2025
12-*H884 -v-1*
9+Sponsors: Representative Wheatley.
10+Referred to:
11+
12+*DRH10390 -NIf-118*
1313 A BILL TO BE ENTITLED 1
1414 AN ACT TO INCREASE THE GROSS RECEIPTS THRESHOLD FOR ARTISANAL 2
1515 BAKERIES EXEMPT FROM THE SALES TAX. 3
1616 The General Assembly of North Carolina enacts: 4
1717 SECTION 1. G.S. 105-164.13B reads as rewritten: 5
1818 "§ 105-164.13B. Food exempt from tax. 6
1919 (a) State Exemption. – Food is exempt from the taxes imposed by this Article unless the 7
2020 food is included in one of the subdivisions in this subsection. The following food items are 8
2121 subject to tax: 9
2222 (1) Repealed by Session Laws 2005-276, s. 33.10, effective October 1, 2005. 10
2323 (2) Dietary supplements. 11
2424 (3) Food sold through a vending machine. 12
2525 (4) Prepared food, other than bakery items sold without eating utensils by an 13
2626 artisan bakery. The term "bakery item" includes bread, rolls, buns, biscuits, 14
2727 bagels, croissants, pastries, donuts, danish, cakes, tortes, pies, tarts, muffins, 15
2828 bars, cookies, and tortillas. An artisan bakery is a bakery that meets all of the 16
2929 following requirements: 17
3030 a. It derives over eighty percent (80%) of its gross receipts from bakery 18
3131 items. 19
3232 b. Its annual gross receipts, combined with the gross receipts of all 20
3333 related persons, do not exceed one million eight hundred thousand 21
3434 dollars ($1,800,000). two million four hundred thousand dollars 22
3535 ($2,400,000). For purposes of this subdivision, the term "related 23
3636 person" means a person described in one of the relationships set forth 24
3737 in section 267(b) or 707(b) of the Code. 25
3838 (5) Soft drinks. 26
3939 (6) Repealed by Session Laws 2003-284, s. 45.6B, effective January 1, 2004. 27
4040 (7) Candy. 28
4141 (b) Administration of Local Food Tax. – The Secretary must administer local sales and 29
4242 use taxes imposed on food as if they were imposed under this Article. This applies to local taxes 30
4343 on food imposed under Subchapter VIII of this Chapter and under Chapter 1096 of the 1967 31
4444 Session Laws." 32
4545 SECTION 2. This act becomes effective October 1, 2025, and applies to sales made 33
4646 on or after that date. 34
47+H.B. 884
48+Apr 9, 2025
49+HOUSE PRINCIPAL CLERK