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NC S715
Bill
AI Summary
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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.
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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.
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Eliminates the $10,000 gross receipts threshold and four quarterly period measurement requirement that previously triggered the click-through nexus presumption.
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Removes the rebuttable presumption framework that allowed retailers to prove affiliates did not engage in sufficient solicitation to satisfy constitutional nexus requirements.
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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