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NC S715

Bill

Status

Introduced

4/19/2011

Primary Sponsor

Harry Brown

Click for details

Origin

Senate

2011-2012 Session

AI Summary

  • Repeals the "click-through nexus" provision in G.S. 105-164.8(b)(3) that created a presumption of sales tax obligation for remote retailers with affiliate agreements with North Carolina residents.

  • Changes language from "presumed to be soliciting or transacting business" to "not considered to be soliciting or transacting business" for retailers with resident affiliate agreements.

  • Eliminates the $10,000 gross receipts threshold and four quarterly period measurement requirement that previously triggered the click-through nexus presumption.

  • Removes the rebuttable presumption framework that allowed retailers to prove affiliates did not engage in sufficient solicitation to satisfy constitutional nexus requirements.

  • Effective retroactively for tax years beginning on or after January 1, 2009.

Legislative Description

Repeal Remote Retailer Click-Through

Last Action

Ref To Com On Finance

4/20/2011

Committee Referrals

Finance4/20/2011

Full Bill Text

No bill text available