North Carolina General Statutes
Article 2A - Tobacco Products Tax.
§ 105-113.5 - Tax on cigarettes[Effective until July 1, 2022]

105-113.5. Tax on cigarettes. [Effective until July 1, 2022]
(a) Rate. - A tax is levied on the sale or possession for sale in this State, by a licensed distributor, of all cigarettes at the rate of two and one-fourth cents (2.25 ) per individual cigarette.
(b) Primary Liability. - The licensed distributor who first acquires or otherwise handles cigarettes subject to the tax imposed by this section is liable for the tax imposed by this section. A licensed distributor who brings into this State cigarettes made outside the State is the first person to handle the cigarettes in this State. A licensed distributor who is the original consignee of cigarettes made outside the State and is shipped into the State is the first person to handle the cigarettes in this State. (1969, c. 1075, s. 2; c. 1246, s. 1; 1991, c. 689, s. 262; 2004-170, s. 5; 2005-276, s. 34.1(a), (b); 2009-451, s. 27A.5(a); 2019-169, s. 4.1(e).)
105-113.5. Tax on cigarettes. [Effective July 1, 2022]
(a) Rate. - A tax is levied on the sale or possession for sale in this State, by a licensed distributor, of all cigarettes at the rate of two and one-fourth cents (2.25 ) per individual cigarette.
(b) Primary Liability. - A licensed distributor who meets any of the following conditions is liable for the tax imposed by this section:
(1) Is the first person to possess or acquire cigarettes in this State.
(2) Is the first person to bring into this State cigarettes made outside the State.
(3) Is the original consignee of cigarettes made outside the State that are shipped into the State.
(4) Makes a delivery sale of cigarettes for which the delivery seller is required to collect sales and use tax under Article 5 of this Chapter. (1969, c. 1075, s. 2; c. 1246, s. 1; 1991, c. 689, s. 262; 2004-170, s. 5; 2005-276, s. 34.1(a), (b); 2009-451, s. 27A.5(a); 2019-169, s. 4.1(e); 2021-180, s. 42.9(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]