105-113.37A. Manufacturer's option. [Effective July 1, 2022, and applicable to sales or purchases occurring on or after that date]
(a) Shipping to Other Licensed Dealers. - A manufacturer who is not a retail dealer and who ships tobacco products to either a wholesale dealer or a retail dealer licensed under this Part may, upon application to the Secretary and upon compliance with requirements prescribed by the Secretary, be relieved of paying the tax on tobacco products imposed by this Part but is not relieved from filing a report as required by this Part.
(b) Integrated Wholesale Dealers. - If a manufacturer has been relieved of paying tax under this section, the permission granted to be relieved of paying the tax also applies to an integrated wholesale dealer with whom the manufacturer is an affiliate. A manufacturer must notify the Secretary of any integrated wholesale dealer with whom it is an affiliate when the manufacturer applies to the Secretary for permission to be relieved of paying the tax and when an integrated wholesale dealer becomes an affiliate of the manufacturer after the Secretary has given the manufacturer permission to be relieved of paying the tax.
(c) Dual Exemption. - If a person is both a manufacturer of cigarettes and a wholesale dealer of tobacco products, and the person is granted permission under G.S. 105-113.10 to be relieved of paying the cigarette excise tax, the permission applies to the tax imposed by this Part on tobacco products. A cigarette manufacturer who becomes a wholesale dealer after receiving permission to be relieved of the cigarette excise tax must notify the Secretary of the permission received under G.S. 105-113.10 when applying for a license as a wholesale dealer. (2021-180, s. 42.9(g).)
Structure North Carolina General Statutes
North Carolina General Statutes
Article 2A - Tobacco Products Tax.
§ 105-113.3 - Scope of tax; administration.
§ 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.
§ 105-113.4G - 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]
§ 105-113.8 - 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.
§ 105-113.32 - Non-tax-paid cigarettes subject to confiscation.
§ 105-113.33 - Recodified as G.S105-113.4K, effective November 18, 2021.