North Carolina General Statutes
Article 5 - Sales and Use Tax.
§ 105-164.12C - Items given away by merchants.

105-164.12C. Items given away by merchants.
If a retailer engaged in the business of selling prepared food or drink for immediate or on-premises consumption also gives prepared food or drink to its patrons or employees free of charge, for the purpose of this Article, the food or drink given away is considered sold along with the food or drink sold. If a retailer gives an item of inventory to a customer free of charge on the condition that the customer purchase a similar or related item, the item given away is considered sold along with the item sold. In all other cases, items given away or used by any retailer or wholesale merchant are not considered sold, whether or not the retailer or wholesale merchant recovers its cost of the items from sales of other items. (2012-79, s. 2.10(a); 2019-169, s. 3.3(j).)

Structure North Carolina General Statutes

North Carolina General Statutes

Chapter 105 - Taxation

Article 5 - Sales and Use Tax.

§ 105-164.1 - Short title.

§ 105-164.2 - Purpose.

§ 105-164.3 - Definitions.

§ 105-164.4 - Tax imposed on retailers and certain facilitators.

§ 105-164.4B - Sourcing principles.

§ 105-164.4C - Telecommunications service and ancillary service.

§ 105-164.4D - Bundled transactions.

§ 105-164.4E - Direct Mail.

§ 105-164.4F - Accommodation rentals.

§ 105-164.4G - Entertainment activity.

§ 105-164.4H - Real property contract.

§ 105-164.4I - Service contracts.

§ 105-164.4J - Marketplace-facilitated sales.

§ 105-164.4K - Property management contracts.

§ 105-164.6 - Complementary use tax.

§ 105-164.6A - Voluntary collection of use tax by sellers.

§ 105-164.7 - Retailer or facilitator to collect sales tax from purchaser as trustee for State.

§ 105-164.8 - Retailer's obligation to collect tax; remote sales subject to tax.

§ 105-164.9 - Advertisement to absorb tax unlawful.

§ 105-164.10 - Retail tax calculation.

§ 105-164.11 - Excessive and erroneous collections.

§ 105-164.11A - Refund of tax paid on rescinded sale or cancellation of service.

§ 105-164.11B - Recover sales tax paid.

§ 105-164.12A - Electric golf cart and battery charger considered a single article.

§ 105-164.12B - Tangible personal property sold below cost with conditional contract.

§ 105-164.12C - Items given away by merchants.

§ 105-164.13 - Retail sales and use tax.

§ 105-164.13A - Service charges on food, beverages, or prepared food.

§ 105-164.13B - Food exempt from tax.

§ 105-164.13E - Exemption for farmers.

§ 105-164.13F - Exemption for wildlife managers.

§ 105-164.14 - Certain refunds authorized.

§ 105-164.14A - Economic incentive refunds.

§ 105-164.15A - Effective date of tax changes.

§ 105-164.16 - Returns and payment of taxes.

§ 105-164.16A - Reporting option for prepaid meal plans.

§ 105-164.19 - Extension of time for making returns and payment.

§ 105-164.20 - Cash or accrual basis of reporting.

§ 105-164.22 - Record-keeping requirements, inspection authority, and effect of failure to keep records.

§ 105-164.26 - Presumption that sales are taxable.

§ 105-164.27A - Direct pay permit.

§ 105-164.28 - Certificate of exemption.

§ 105-164.28A - Other exemption certificates.

§ 105-164.29 - Application for certificate of registration by wholesale merchants, retailers, and facilitators.

§ 105-164.29A - State government exemption process.

§ 105-164.29B - Information to counties and cities.

§ 105-164.30 - Secretary or agent may examine books, etc.

§ 105-164.32 - Incorrect returns; estimate.

§ 105-164.37 - Bankruptcy, receivership, etc.

§ 105-164.38 - Tax is a lien.

§ 105-164.39 - Attachment.

§ 105-164.40 - Jeopardy assessment.

§ 105-164.42A - Short title.

§ 105-164.42B - Definitions.

§ 105-164.42C - Authority to enter Agreement.

§ 105-164.42D - Relationship to North Carolina law.

§ 105-164.42E - Agreement requirements.

§ 105-164.42F - Cooperating sovereigns.

§ 105-164.42G - Effect of Agreement.

§ 105-164.42H - Certification of certified automated system and effect of certification.

§ 105-164.42I - Contract with certified service provider and effect of contract.

§ 105-164.42J - Performance standard for multistate seller.

§ 105-164.42K - Registration and effect of registration.

§ 105-164.42L - Liability relief for erroneous information or insufficient notice by Department.

§ 105-164.43A - (Recodified effective August 8, 2001 - See note) Certification of tax collector software and tax collector.

§ 105-164.43B - (Recodified effective August 8, 2001 - See note) Contract with Certified Sales Tax Collector.

§ 105-164.43D - Applicable due date when due date falls on a weekend, holiday, or when the Federal Reserve Bank is closed.

§ 105-164.44 - Penalty and remedies of Article 9 applicable.

§ 105-164.44F - Distribution of part of telecommunications taxes to cities.

§ 105-164.44H - Transfer to State Public School Fund.

§ 105-164.44I - Distribution of part of sales tax on video programming service and telecommunications service to counties and cities.

§ 105-164.44J - Supplemental PEG channel support.

§ 105-164.44K - Distribution of part of tax on electricity to cities.

§ 105-164.44L - Distribution of part of tax on piped natural gas to cities.

§ 105-164.44M - Transfer to Highway Fund.