North Carolina General Statutes
Article 4 - Income Tax.
§ 105-130.2 - Definitions.

105-130.2. Definitions.
The following definitions apply in this Part:
(1) Affiliate. - A corporation is an affiliate of another corporation when both are directly or indirectly controlled by the same parent corporation or by the same or associated financial interests by stock ownership, interlocking directors, or by any other means whatsoever, whether the control is direct or through one or more subsidiary, affiliated, or controlled corporations.
(2) Code. - Defined in G.S. 105-228.90.
(3) Corporation. - A joint-stock company or association, an insurance company, a domestic corporation, a foreign corporation, or a limited liability company.
(4) C Corporation. - A corporation that is not an S Corporation.
(5) Department. - The Department of Revenue.
(6) Domestic corporation. - A corporation organized under the laws of this State.
(7) Fiscal year. - An income year, ending on the last day of any month other than December. A corporation that pursuant to the provisions of the Code has elected to compute its federal income tax liability on the basis of an annual period varying from 52 to 53 weeks shall compute its taxable income under this Part on the basis of the same period used by the corporation in computing its federal income tax liability for the income year.
(8) Foreign corporation. - Any corporation other than a domestic corporation.
(9) Gross income. - Defined in section 61 of the Code.
(10) Income year. - The calendar year or the fiscal year upon the basis of which the net income is computed under this Part. If no fiscal year has been established, the income year is the calendar year. In the case of a return made for a fractional part of a year under the provisions of this Part or under rules adopted by the Secretary, the income year is the period for which the return is made.
(11) Limited liability company. - Either a domestic limited liability company organized under Chapter 57D of the General Statutes or a foreign limited liability company authorized by that Chapter to transact business in this State that is classified for federal income tax purposes as a corporation. As applied to a limited liability company that is a corporation under this Part, the term "shareholder" means a member of the limited liability company and the term "corporate officer" means a member or manager of the limited liability company.
(12) Parent. - A corporation is a parent of another corporation when, directly or indirectly, it controls the other corporation by stock ownership, interlocking directors, or by any other means whatsoever exercised by the same or associated financial interests, whether the control is direct or through one or more subsidiary, affiliated, or controlled corporations.
(13) S Corporation. - Defined in G.S. 105-131(b).
(14) Secretary. - The Secretary of Revenue.
(15) State net income. - The taxpayer's federal taxable income as determined under the Code, adjusted as provided in G.S. 105-130.5 and, in the case of a corporation that has income from business activity that is taxable both within and without this State, allocated and apportioned to this State as provided in G.S. 105-130.4.
(16) Subsidiary. - A corporation is a subsidiary of another corporation when, directly or indirectly, it is subject to control by the other corporation by stock ownership, interlocking directors, or by any other means whatsoever exercised by the same or associated financial interest, whether the control is direct or through one or more subsidiary, affiliated, or controlled corporations.
(17) Taxable year. - Income year.
(18) Taxpayer. - A corporation subject to the tax imposed by this Part. (1939, c. 158, s. 302; 1941, c. 50, s. 5; 1955, c. 1331, s. 2; 1957, c. 1340, s. 4; 1963, c. 1169, s. 2; 1967, c. 1110, s. 3; 1973, c. 476, s. 193; 1983, c. 713, ss. 68, 82; 1985, c. 656, s. 7; 1985 (Reg. Sess., 1986), c. 853, s. 1; 1987, c. 778, s. 1; 1987 (Reg. Sess., 1988), c. 1015, s. 3; 1989, c. 36, s. 3; 1989 (Reg. Sess., 1990), c. 981, s. 3; 1991, c. 689, s. 257; 1991 (Reg. Sess., 1992), c. 922, s. 4; 1993, c. 12, s. 5; c. 354, s. 12; 1995, c. 17, s. 3; 1998-98, s. 69; 2006-162, s. 3(a); 2012-79, s. 1.14(b); 2013-157, s. 27.)

Structure North Carolina General Statutes

North Carolina General Statutes

Chapter 105 - Taxation

Article 4 - Income Tax.

§ 105-130 - Short title.

§ 105-130.1 - Purpose.

§ 105-130.2 - Definitions.

§ 105-130.3 - Corporations[Effective for taxable years beginning before January 1, 2019]

§ 105-130.3A - Expired.

§ 105-130.3B - Expired pursuant to its own terms, effective for taxable years beginning on or after January 1, 2011.

§ 105-130.4 - Allocation and apportionment of income for corporations.

§ 105-130.4A - (Effective for taxable years beginning on or after January 1, 2020) Market-based sourcing for wholesale content distributors.

§ 105-130.4B - (Effective for taxable years beginning on or after January 1, 2020) Market-based sourcing for banks.

§ 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.

§ 105-130.9 - Contributions.

§ 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.

§ 105-130.16 - Returns.

§ 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.

§ 105-130.27 - Expired.

§ 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.

§ 105-130.42 - Recodified as §§ 105-129.35 through 105-129.37 by Session Laws 1999-389, ss2-4, effective for taxable years beginning on or after January 1, 1999.

§ 105-130.46 - (See notes for expiration date) Credit for manufacturing cigarettes for exportation while increasing employment and utilizing State Ports.

§ 105-131 - Title; definitions; interpretation.

§ 105-131.1 - Taxation of an S Corporation and its shareholders[Effective for taxable years beginning before January 1, 2022]

§ 105-131.1A - Taxation of S Corporation as a taxed pass-through entity[Effective for taxable years beginning on or after January 1, 2022]

§ 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.

§ 105-131.6 - Distributions.

§ 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.

§ 105-133 - (Recodified for taxable years beginning on or after January 1, 2014 - see editor's note) Short title.

§ 105-134 - (Recodified for taxable years beginning on or after January 1, 2014 - see editor's note) Purpose.

§ 105-134.1 - Recodified as G.S105-153.3 by Session Laws 2013-316, s1.1(a), effective for taxable years beginning on or after January 1, 2014.

§ 105-134.2A - Expired pursuant to its own terms, effective for taxable years beginning on or after January 1, 2011.

§ 105-134.5 - Recodified as G.S105-153.4 by Session Laws 2013-316, s1.1(a), effective for taxable years beginning on or after January 1, 2014.

§ 105-151 - (Recodified effective for taxable years beginning on or after January 1, 2014) Tax credits for income taxes paid to other states by individuals.

§ 105-151.6 - Expired.

§ 105-151.17 - Recodified as § 105-129.8 by Session Laws 1996, 2nd Extra Session, c13, s3.4.

§ 105-151.23 - Recodified as §§ 105-129.35 through 105-129.37 by Session Laws 1999-389, s6, effective for taxable years beginning on or after January 1, 1999.

§ 105-151.24 - Recodified as G.S105-153.10 by Session Laws 2013-316, s1.1(a), effective for taxable years beginning on or after January 1, 2014.

§ 105-152 - Recodifed as G.S105-153.8 by Session Laws 2013-316, s1.1.(a) effective for taxable years beginning on or after January 1, 2014.

§ 105-153.1 - Short title.

§ 105-153.2 - Purpose.

§ 105-153.3 - Definitions.

§ 105-153.4 - North Carolina taxable income defined.

§ 105-153.5 - Modifications to adjusted gross income.

§ 105-153.5A - (Effective for taxable years beginning on or after January 1, 2022) Net operating loss provisions.

§ 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.

§ 105-154.1 - Taxation of partnership as a taxed pass-through entity[Effective for taxable years beginning on or after January 1, 2022]

§ 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 - Short title.

§ 105-160.1 - Definitions.

§ 105-160.2 - Imposition of tax.

§ 105-160.3 - Tax credits.

§ 105-160.4 - Tax credits for income taxes paid to other states by estates and trusts.

§ 105-160.5 - Returns.

§ 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.