105-164.28A. Other exemption certificates.
(a) Authorization. - The Secretary may require a person who purchases an item that is exempt from tax to obtain an exemption certificate from the Department to receive the exemption. The Department must issue a use-based exemption number to a person who qualifies for the exemption. A person who no longer qualifies for a use-based exemption number must notify the Secretary within 30 days to cancel the number.
An exemption certificate issued by the purchaser authorizes a retailer to sell an item to the holder of the certificate and not collect tax on the sale. A person who no longer qualifies for an exemption certificate must give notice to each seller that may rely on the exemption certificate on or before the next purchase. A person who purchases an item under an exemption certificate is liable for any tax due on the purchase if the Department determines that the person is not eligible for the exemption certificate or if the person purchased items that do not qualify for an exemption under the exemption certificate. The liability is relieved when the seller obtains the purchaser's name, address, type of business, reason for exemption, and exemption number in lieu of obtaining an exemption certificate.
(b) Scope. - This section does not apply to a direct pay permit or a certificate of exemption. G.S. 105-164.27A addresses a direct pay permit, and G.S. 105-164.28 addresses a certificate of exemption.
(c) Administration. - This section shall be administered in accordance with G.S. 105-164.28. Additionally, the provisions of this section may also apply to a conditional exemption certificate issued to a person in accordance with G.S. 105-164.13E. (2002-184, s. 12; 2009-451, s. 27A.3(s); 2013-414, s. 43(b); 2014-3, s. 3.1(b); 2019-6, s. 5.6.)
Structure North Carolina General Statutes
North Carolina General Statutes
Article 5 - Sales and Use Tax.
§ 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.
§ 105-164.4F - 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.
§ 105-164.26 - Presumption that sales are taxable.
§ 105-164.27A - Direct pay permit.
§ 105-164.28 - Certificate of exemption.
§ 105-164.28A - Other exemption certificates.
§ 105-164.29A - 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.
§ 105-164.40 - Jeopardy assessment.
§ 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.
§ 105-164.44 - 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.
§ 105-164.44J - 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.