105-130.15. Basis of return of net income.
(a) The net income of a corporation shall be computed in accordance with the method of accounting it regularly employs in keeping its books. The method must be consistent with respect to both income and deductions and shall follow as nearly as practicable the federal practice, unless contrary to the context and intent of this Part.
The Secretary may adopt the rules and regulations and any guidelines administered or established by the Internal Revenue Service unless contrary to any provisions of this Part.
(b) Change of Income Year. -
(1) A corporation may change the income year upon which it reports for income tax purposes without prior approval by the Secretary of Revenue if such change in income year has been approved by or is acceptable to the Federal Commissioner of Internal Revenue and is used for filing income tax returns under the provisions of the Code.
If a corporation desires to make a change in its income year other than as provided above, it may make such change in its income year with the approval of the Secretary of Revenue, provided such approval is requested at least 30 days prior to the end of its new income year.
A corporation which has changed its income year without requesting the approval of the Secretary of Revenue as provided in the first paragraph of this subdivision shall submit to the Secretary of Revenue notification of any change in the income year after the change has been approved by the Federal Commissioner of Internal Revenue or his agent where application for permission to change is required by the Federal Commissioner of Internal Revenue with such notification stating that such approval has been received. Where application for change of the income year is not required by the Federal Commissioner of Internal Revenue, notification of the change of income year shall be submitted to the Secretary of Revenue with the short period return.
(2) A return for a period of less than 12 months (referred to in this subsection as "short period") shall be made when the corporation changes its income year. In such a case, the return shall be made for the short period beginning on the day after the close of the former taxable year and ending at the close of the day before the day designated as the first day of the new taxable year, except that a corporation changing to, or from, a taxable year varying from 52 to 53 weeks shall not be required to file a short period return if such change results in a short period of 359 days or more, or less than seven days. Short period income tax returns shall be filed within the same period following the end of such short period as is required for full year returns under the provisions of G.S. 105-130.17.
(c) Any foreign corporation not domesticated in this State shall not use the installment method of reporting income to this State unless such corporation files a bond with the Secretary of Revenue in such amount and with such sureties as the Secretary shall deem necessary to secure the payment of any taxes which were deferred with respect to any installment transaction.
(d) Notwithstanding any other provision of this Part, any corporation which uses the installment method of reporting income to this State and which is planning to withdraw from this State, merge, or consolidate its business, or terminate its business in this State by any other means whatsoever, shall be required to make a report for income tax purposes, to the Secretary of Revenue, of any unrealized or unreported income from installment sales made while doing business in this State and to pay any tax which may be due on such income. The manner and form for making such report and paying the tax shall be as prescribed by the Secretary. (1939, c. 158, s. 318; 1943, c. 400, s. 4; 1945, c. 708, s. 4; 1949, c. 392, s. 3; 1955, c. 1313, s. 1; 1957, c. 1340, s. 4; 1963, c. 1169, s. 2; 1967, c. 1110, s. 3; 1973, c. 476, s. 193; 1983, c. 713, s. 82; 1998-98, s. 69; 2000-140, s. 64(a); 2011-390, s. 3; 2011-411, s. 8(b).)
Structure North Carolina General Statutes
North Carolina General Statutes
§ 105-130.3 - Corporations[Effective for taxable years beginning before January 1, 2019]
§ 105-130.4 - Allocation and apportionment of income for corporations.
§ 105-130.5 - Adjustments to federal taxable income in determining State net income.
§ 105-130.5A - Secretary's authority to adjust net income or require a combined return.
§ 105-130.5B - Adjustments when State decouples from federal accelerated depreciation and expensing.
§ 105-130.7A - Royalty income reporting option.
§ 105-130.7B - Limitation on qualified interest for certain indebtedness.
§ 105-130.8A - Net loss provisions.
§ 105-130.10A - Amortization of equipment mandated by OSHA.
§ 105-130.11 - Conditional and other exemptions.
§ 105-130.12 - Real estate investment trusts.
§ 105-130.14 - Corporations filing consolidated returns for federal income tax purposes.
§ 105-130.15 - Basis of return of net income.
§ 105-130.17 - Time and place of filing returns.
§ 105-130.19 - When tax must be paid.
§ 105-130.20 - Federal determinations and amended returns.
§ 105-130.21 - Information at the source.
§ 105-130.25 - Credit against corporate income tax for construction of cogenerating power plants.
§ 105-130.35 - Recodified as § 105-269.5 by Session Laws 1991, c45, s20.
§ 105-130.40 - Recodified as § 105-129.8 by Session Laws 1996, 2nd Extra Session, c13, s3.2.
§ 105-131 - Title; definitions; interpretation.
§ 105-131.2 - Adjustment and characterization of income.
§ 105-131.3 - Basis and adjustments.
§ 105-131.4 - Carryforwards; carrybacks; loss limitation.
§ 105-131.5 - Part-year resident shareholder.
§ 105-131.7 - Returns; shareholder agreements; mandatory withholding.
§ 105-131.8 - Tax credits[Effective for taxable years beginning before January 1, 2022]
§ 105-132 - Recodified as § 105-135 by Session Laws 1967, c1110, s3.
§ 105-151.17 - Recodified as § 105-129.8 by Session Laws 1996, 2nd Extra Session, c13, s3.4.
§ 105-153.4 - North Carolina taxable income defined.
§ 105-153.5 - Modifications to adjusted gross income.
§ 105-153.6 - Adjustments when State decouples from federal accelerated depreciation and expensing.
§ 105-153.7 - Individual income tax imposed.
§ 105-153.8 - Income tax returns.
§ 105-153.9 - Tax credits for income taxes paid to other states by individuals.
§ 105-154 - Information at the source returns.
§ 105-155 - Time and place of filing returns; extensions; affirmation.
§ 105-157 - When tax must be paid.
§ 105-158 - Taxation of certain Armed Forces personnel and other individuals upon death.
§ 105-159 - Federal determinations and amended returns.
§ 105-160.2 - Imposition of tax.
§ 105-160.4 - Tax credits for income taxes paid to other states by estates and trusts.
§ 105-160.6 - Time and place of filing returns.
§ 105-160.7 - When tax must be paid.
§ 105-160.8 - Federal determinations.
§ 105-163.07 - Recodified as § 105-151.21 by Session Laws 1991, c45, s14.