GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2009

SENATE BILL 909

RATIFIED BILL

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.

In the General Assembly read three times and ratified this the 28^th day of July, 2009.

                                                                        _____________________________________

                                                                         Walter H. Dalton

                                                                         President of the Senate

                                                                        _____________________________________

                                                                         Joe Hackney

                                                                         Speaker of the House of Representatives

                                                                        _____________________________________

                                                                         Beverly E. Perdue

                                                                         Governor

Approved __________.m. this ______________ day of ___________________, 2009