North Carolina General Statutes
Article 4 - Income Tax.
§ 105-131.1 - Taxation of an S Corporation and its shareholders[Effective for taxable years beginning before January 1, 2022]

105-131.1. Taxation of an S Corporation and its shareholders. [Effective for taxable years beginning before January 1, 2022]
(a) An S Corporation shall not be subject to the tax levied under G.S. 105-130.3.
(b) Each shareholder's pro rata share of an S Corporation's income attributable to the State and each resident shareholder's pro rata share of income not attributable to the State, shall be taken into account by the shareholder in the manner and subject to the adjustments provided in Parts 2 and 3 of this Article and section 1366 of the Code and shall be subject to the tax levied under Parts 2 and 3 of this Article. (1987 (Reg. Sess., 1988), c. 1089, s. 1; 1989, c. 728, ss. 1.33, 1.35; 1998-98, ss. 5, 68.)
105-131.1. Taxation of an S Corporation and its shareholders. [Effective for taxable years beginning on or after January 1, 2022]
(a) An S Corporation shall not be subject to the tax levied under G.S. 105-130.3. A taxed S Corporation shall be subject to tax under G.S. 105-131.1A.
(b) Except with respect to a taxed S Corporation, each shareholder's pro rata share of an S Corporation's income attributable to the State and each resident shareholder's pro rata share of income not attributable to the State, shall be taken into account by the shareholder in the manner and subject to the adjustments provided in Parts 2 and 3 of this Article and section 1366 of the Code and shall be subject to the tax levied under Parts 2 and 3 of this Article. (1987 (Reg. Sess., 1988), c. 1089, s. 1; 1989, c. 728, ss. 1.33, 1.35; 1998-98, ss. 5, 68; 2021-180, s. 42.5(b).)

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.