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NC S824

Bill

Status

Passed

6/20/2012

Primary Sponsor

Daniel Blue

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Origin

Senate

2011-2012 Session

AI Summary

  • Repeals G.S. 105-262(b) and replaces it with a new expedited rule-making process for the Secretary of Revenue's authority to adjust corporate net income or require combined returns under G.S. 105-130.5A.

  • Secretary of Revenue must adopt rules through expedited procedure rather than issuing bulletins or directives; rules cannot take effect until properly adopted and codified.

  • Exempts Secretary from standard rule-making procedures under G.S. 150B-21.1 through 21.4 but subjects rules to review by the Commission for legality, clarity, necessity, and proper adoption.

  • Establishes expedited timeline where Commission has one business day to object to proposed rules; Secretary may respond to objections or request the rule be returned for judicial declaratory judgment.

  • Secretary is not required to prepare fiscal notes for rules submitted before December 31, 2012, and taxpayers relying on the April 17, 2012 directive (CD-12-02) may continue using that interpretation for the 2012 tax year.

Legislative Description

Expedited Rule Making for Forced Combination

Last Action

Ch. SL 2012-43

6/20/2012

Committee Referrals

Finance5/21/2012

Full Bill Text

No bill text available