North Carolina General Statutes
Article 2A - Tobacco Products Tax.
§ 105-113.21 - Discount; refund.

105-113.21. Discount; refund.
(a) Repealed by Session Laws 2003-284, s. 45A.1(a), effective for reporting periods beginning on or after August 1, 2003.
(a1) Discount. - A licensed distributor who files a timely report under G.S. 105-113.18 and who sends a timely payment may deduct from the amount due with the report a discount of two percent (2%). This discount covers expenses incurred in preparing the records and reports required by this Part, and the expense of furnishing a bond.
(b) Refund. - A licensed distributor in possession of packages of stale or otherwise unsalable cigarettes upon which the tax has been paid may return the cigarettes to the manufacturer as provided in this subsection and apply to the Secretary for refund of the tax. The application shall be in the form prescribed by the Secretary and shall be accompanied by an affidavit from the manufacturer stating the number of cigarettes returned to the manufacturer by the applicant. The Secretary shall refund the tax paid, less the discount allowed, on the unsalable cigarettes. The licensed distributor must return the cigarettes to the manufacturer of the cigarettes or to the affiliated manufacturer who is contracted by the manufacturer of the cigarettes to serve as the manufacturer's agent for the purposes of validating quantities and disposing of unsalable cigarettes. (1969, c. 1075, s. 2; cc. 1222, 1238; 1973, c. 476, s. 193; 1993, c. 442, s. 9; 2001-414, s. 3; 2003-284, s. 45A.1(a); 2004-84, s. 2(a); 2011-330, s. 2(c); 2019-169, s. 4.1(c).)

Structure North Carolina General Statutes

North Carolina General Statutes

Chapter 105 - Taxation

Article 2A - Tobacco Products Tax.

§ 105-113.2 - Short title.

§ 105-113.3 - Scope of tax; administration.

§ 105-113.4 - Definitions.

§ 105-113.4A - Licenses.

§ 105-113.4B - Cancellation or revocation of license.

§ 105-113.4C - Enforcement of Master Settlement Agreement Provisions.

§ 105-113.4D - Tax with respect to inventory on effective date of tax increase.

§ 105-113.4E - Modified risk tobacco products.

§ 105-113.4F - Delivery sales of certain tobacco products; age verification[Effective until July 1, 2022]

§ 105-113.4G - Records to be kept.

§ 105-113.4H - Federal Constitution and statutes.

§ 105-113.4I - Licenses required.

§ 105-113.4J - Unlicensed place of business.

§ 105-113.4K - Criminal penalties.

§ 105-113.4L - Federal tobacco tax reporting.

§ 105-113.5 - Tax on cigarettes[Effective until July 1, 2022]

§ 105-113.6 - Use tax levied.

§ 105-113.7 - Recodified as G.S105-113.4D by Session Laws 2009-451, s27A.5(b), effective September 1, 2009.

§ 105-113.8 - Recodified as G.S105-113.4H, effective November 18, 2021.

§ 105-113.9 - Out-of-state shipments.

§ 105-113.10 - Manufacturers exempt from paying tax.

§ 105-113.11 - Recodified as G.S105-113.4I, effective November 18, 2021.

§ 105-113.12 - Distributor must obtain license[Effective until July 1, 2022]

§ 105-113.13 - Secretary may require a bond or irrevocable letter of credit.

§ 105-113.17 - Identification of dispensers.

§ 105-113.18 - Payment of tax; reports[Effective until July 1, 2022]

§ 105-113.21 - Discount; refund.

§ 105-113.24 - Out-of-State distributors to register and remit tax.

§ 105-113.27 - Non-tax-paid cigarettes.

§ 105-113.29 - Recodified as G.S105-113.4J, effective November 18, 2021.

§ 105-113.30 - Records and reports.

§ 105-113.31 - Possession and transportation of non-tax-paid cigarettes; seizure and confiscation of vehicle or vessel.

§ 105-113.32 - Non-tax-paid cigarettes subject to confiscation.

§ 105-113.33 - Recodified as G.S105-113.4K, effective November 18, 2021.

§ 105-113.35B - Applicability[Effective July 1, 2022, and applicable to sales or purchases occurring on or after that date]

§ 105-113.36A - Tax rates; liability for tax[Effective July 1, 2022, and applicable to sales or purchases occurring on or after that date]

§ 105-113.37A - Manufacturer's option[Effective July 1, 2022, and applicable to sales or purchases occurring on or after that date]

§ 105-113.37B - Non-tax-paid products[Effective July 1, 2022, and applicable to sales or purchases occurring on or after that date]

§ 105-113.37C - Discount; refund[Effective July 1, 2022, and applicable to sales or purchases occurring on or after that date]

§ 105-113.38A - Remote seller requirements[Effective July 1, 2022, and applicable to sales or purchases occurring on or after that date]

§ 105-113.38B - Records[Effective July 1, 2022, and applicable to sales or purchases occurring on or after that date]

§ 105-113.38C - Penalties[Effective July 1, 2022, and applicable to sales or purchases occurring on or after that date]

§ 105-113.39A - License required[Effective July 1, 2022, and applicable to sales or purchases occurring on or after that date]

§ 105-113.39B - Payment of tax[Effective July 1, 2022, and applicable to sales or purchases occurring on or after that date]

§ 105-113.39C - Bond or irrevocable letter of credit[Effective July 1, 2022, and applicable to sales or purchases occurring on or after that date]

§ 105-113.39D - Use of tax proceeds[Effective July 1, 2022, and applicable to sales or purchases occurring on or after that date]