GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2009

S                                                                                                                                                    2

SENATE BILL 909

House Committee Substitute Favorable 7/20/09

Short Title:        Sales Tax:  Reliance on Written Advice by DOR.	(Public)
Sponsors:
Referred to:

March 26, 2009

A BILL TO BE ENTITLED

AN ACT extinguishing the liability of retailers for sales tax overcollections made in reliance on written advice of the secretary of revenue.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 105‑164.11 is amended by adding a new subsection to read:

"(e) Reliance on Written Advice. – A seller who requests specific written advice from the Secretary and who collects and remits sales or use tax in accordance with the written advice the Secretary gives the seller is not liable to a purchaser for any overcollected sales or use tax that was collected in accordance with the written advice. Subsection (a) of this section governs when a seller may obtain a refund for overcollected tax."

SECTION 2.  This act is effective when it becomes law.