North Carolina General Statutes
Article 4 - Income Tax.
§ 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. (Recodified effective for taxable years beginning on or after January 1, 2014) Tax credits for income taxes paid to other states by individuals.
(a) An individual who is a resident of this State is allowed a credit against the taxes imposed by this Part for income taxes imposed by and paid to another state or country on income taxed under this Part, subject to the following conditions:
(1) The credit is allowed only for taxes paid to another state or country on income derived from sources within that state or country that is taxed under its laws irrespective of the residence or domicile of the recipient, except that whenever a taxpayer who is deemed to be a resident of this State under the provisions of this Part is deemed also to be a resident of another state or country under the laws of that state or country, the Secretary may allow a credit against the taxes imposed by this Part for taxes imposed by and paid to the other state or country on income taxed under this Part.
(2) The fraction of the gross income, as calculated under the Code and adjusted as provided in G.S. 105-134.6 and G.S. 105-134.6A, that is subject to income tax in another state or country shall be ascertained, and the North Carolina net income tax before credit under this section shall be multiplied by that fraction. The credit allowed is either the product thus calculated or the income tax actually paid the other state or country, whichever is smaller.
(3) Receipts showing the payment of income taxes to another state or country and a true copy of a return or returns upon the basis of which the taxes are assessed shall be filed with the Secretary when the credit is claimed. If credit is claimed on account of a deficiency assessment, a true copy of the notice assessing or proposing to assess the deficiency, as well as a receipt showing the payment of the deficiency, shall be filed.
(b) If any taxes paid to another state or country for which a taxpayer has been allowed a credit under this section are at any time credited or refunded to the taxpayer, a tax equal to that portion of the credit allowed for the taxes so credited or refunded is due and payable from the taxpayer and is subject to the penalties and interest provided in Subchapter I of this Chapter. (1939, c. 158, s. 325; 1941, c. 50, s. 5; c. 204, s. 1; 1943, c. 400, s. 4; 1957, c. 1340, s. 4; 1963, c. 1169, s. 2; 1967, c. 1110, s. 3; 1973, c. 476, s. 193; 1989, c. 728, s. 1.5; 1989 (Reg. Sess., 1990), c. 814, s. 17; 1998-98, s. 92; 2013-316, s. 1.1(a); 2013-414, s. 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.