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General Assembly of North Carolina Session 2005 <br />1 The definitions in G.S. 105-164.3 apply to this Article, except that the term 'sale' <br />2 does not include lease or rental. As used in this Article 'electronic device' means central <br />3 processing units, whether sold alone or with accessories; computer monitors laptop <br />4 computers; televisions with video displays havine a viewable area rg eater. than nine <br />5 inches when measured diaeonally; and computer printers and multifimction printers. <br />6 "& 105-187.61. Tax imposed. <br />7 A privilege tax is imposed on an electronic device retailer on a percentage basis of <br />8 the sales price of each new electronic device sold at retail by the retailer. An excise tax <br />9 is imposed on a new electronic device purchased outside the State for storage, use, or <br />10 consumption in this State. The rate of the privilege tax and the excise tax is one percent <br />11 (1%) of the sales price of each new electronic device. These taxes are in addition to all <br />12 other taxes. <br />13 "S 105-187.62. Administration. <br />14 The privilege tax this Article imposes on an electronic device retailer is an additional <br />15 State sales tax, and the excise tax this Article imposes on the storage, use, or' <br />16 consumption of a new electronic device in this State is an additional State use tax. <br />17 Except as otherwise provided in this Article, these taxes shall be collected and <br />18 administered in the same manner as the State sales and use taxes imposed by Article 5 <br />19 of this Chapter. As under Article 5 of this Chapter, the additional State sales tax paid <br />20 when a new electronic device is sold at retail is a credit against the additional State use <br />21 tax imposed on the storage, use, or consumption of the same electronic device. <br />22 "~ 105-187.63. Exemptions and refunds. <br />23 Except for the exemption provided in G.S. 105-164.13(17), the exemptions in <br />24 G.S. 105-164.13 do not apply to the taxes imposed by this Article. The refimds allowed <br />25 in G.S. 105-164.14 do not apply to the taxes imposed by this Article. <br />26 "S 105-187.64. Use of tax proceeds. <br />27 The Secretary shall distribute the taxes collected under this Article, less the <br />28 Department of Revemie's allowance for administrative expenses, in accordance with this <br />29 section. The Secretary may retain the Department's cost of collection, not to exceed two <br />30 hundred twenty-five thousand dollars ($225,000) a year, as reimbursement to the <br />31 Department. Retailers may retain up to two percent (2%) of the collected tax for <br />32 administrative costs related directly to the tax. Each quarter, the Secretary shall credit <br />33 the net tax proceeds to the Electronics Rec~ng Account. <br />34 "§§ 105-187.65 through 105-187.69: Reserved for fuhire codification purposes." <br />35 SECTION 2. Article 9 of Chapter 1.30A of the General Statutes is amended <br />36 by adding a new Part to read <br />37 "Part 2E. Electronics Recti cling Act of 2005. <br />38 "& 130A-309.90. Title. <br />39 This Part may be cited as the 'North Carolina Electronics Rec} cline Act of 2005'. <br />40 "~ 130A-309.91. Definition. <br />41 As used in this Part, 'electronic device' means central processing units, whether sold <br />42 alone or with accessories; computer monitors; laptop computers; televisions with video <br />43 displays havine a viewable area ereater than nine inches when measured diaeonally; and <br />44 computer printers and multifunction printers <br />Page 2 Senate Bill 10.30-First Edition <br />