13 | 13 | | A BILL TO BE ENTITLED 1 |
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14 | 14 | | AN ACT TO INCREASE THE GROSS RECEIPTS THRESHOLD FOR ARTISANAL 2 |
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15 | 15 | | BAKERIES EXEMPT FROM THE SALES TAX. 3 |
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16 | 16 | | The General Assembly of North Carolina enacts: 4 |
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17 | 17 | | SECTION 1. G.S. 105-164.13B reads as rewritten: 5 |
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18 | 18 | | "§ 105-164.13B. Food exempt from tax. 6 |
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19 | 19 | | (a) State Exemption. – Food is exempt from the taxes imposed by this Article unless the 7 |
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20 | 20 | | food is included in one of the subdivisions in this subsection. The following food items are 8 |
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21 | 21 | | subject to tax: 9 |
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22 | 22 | | (1) Repealed by Session Laws 2005-276, s. 33.10, effective October 1, 2005. 10 |
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23 | 23 | | (2) Dietary supplements. 11 |
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24 | 24 | | (3) Food sold through a vending machine. 12 |
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25 | 25 | | (4) Prepared food, other than bakery items sold without eating utensils by an 13 |
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26 | 26 | | artisan bakery. The term "bakery item" includes bread, rolls, buns, biscuits, 14 |
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27 | 27 | | bagels, croissants, pastries, donuts, danish, cakes, tortes, pies, tarts, muffins, 15 |
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28 | 28 | | bars, cookies, and tortillas. An artisan bakery is a bakery that meets all of the 16 |
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29 | 29 | | following requirements: 17 |
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30 | 30 | | a. It derives over eighty percent (80%) of its gross receipts from bakery 18 |
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31 | 31 | | items. 19 |
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32 | 32 | | b. Its annual gross receipts, combined with the gross receipts of all 20 |
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33 | 33 | | related persons, do not exceed one million eight hundred thousand 21 |
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34 | 34 | | dollars ($1,800,000). two million four hundred thousand dollars 22 |
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35 | 35 | | ($2,400,000). For purposes of this subdivision, the term "related 23 |
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36 | 36 | | person" means a person described in one of the relationships set forth 24 |
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37 | 37 | | in section 267(b) or 707(b) of the Code. 25 |
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38 | 38 | | (5) Soft drinks. 26 |
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39 | 39 | | (6) Repealed by Session Laws 2003-284, s. 45.6B, effective January 1, 2004. 27 |
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40 | 40 | | (7) Candy. 28 |
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41 | 41 | | (b) Administration of Local Food Tax. – The Secretary must administer local sales and 29 |
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42 | 42 | | use taxes imposed on food as if they were imposed under this Article. This applies to local taxes 30 |
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43 | 43 | | on food imposed under Subchapter VIII of this Chapter and under Chapter 1096 of the 1967 31 |
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44 | 44 | | Session Laws." 32 |
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45 | 45 | | SECTION 2. This act becomes effective October 1, 2025, and applies to sales made 33 |
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46 | 46 | | on or after that date. 34 |
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