12 | 13 | | A BILL TO BE ENTITLED 1 |
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13 | 14 | | AN ACT TO MODIFY TO THIRTY -FIVE DOLLARS THE PENALTY FOR A TAX 2 |
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14 | 15 | | PAYMENT THAT IS RETURNED FOR INSUFFICIENT FUNDS OR NONEXISTENCE 3 |
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15 | 16 | | OF AN ACCOUNT. 4 |
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16 | 17 | | The General Assembly of North Carolina enacts: 5 |
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17 | 18 | | SECTION 1. G.S. 105-357(b)(2) reads as rewritten: 6 |
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18 | 19 | | "(2) Penalty. – In addition to interest for nonpayment of taxes provided by 7 |
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19 | 20 | | G.S. 105-360 and in addition to any criminal penalties provided by law, the 8 |
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20 | 21 | | penalty for presenting in payment of taxes a check or electronic funds transfer 9 |
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21 | 22 | | that is returned or not completed because of insufficient funds or nonexistence 10 |
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22 | 23 | | of an account of the drawer or transferor is twenty-five dollars ($25.00) or ten 11 |
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23 | 24 | | percent (10%) of the amount of the check or electronic invoice, whichever is 12 |
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24 | 25 | | greater, subject to a maximum of one thousand dollars ($1,000). thirty-five 13 |
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25 | 26 | | dollars ($35.00). This penalty does not apply if the tax collector finds that, 14 |
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26 | 27 | | when the check or electronic funds transfer was presented for payment, the 15 |
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27 | 28 | | drawer of the check or transferor of funds had sufficient funds in an account 16 |
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28 | 29 | | at a financial institution in this State to make the payment and, by 17 |
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29 | 30 | | inadvertence, the drawer of the check or transferor of the funds failed to draw 18 |
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30 | 31 | | the check or initiate a transfer on the account that had sufficient funds. This 19 |
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31 | 32 | | penalty shall be added to and collected in the same manner as the taxes for 20 |
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32 | 33 | | which the check or electronic payment was given." 21 |
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33 | 34 | | SECTION 2. This act becomes effective July 1, 2025, and applies to checks or 22 |
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34 | 35 | | electronic funds transfers presented for payment of taxes on or after that date. 23 |
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