105-164.29. Application for certificate of registration by wholesale merchants, retailers, and facilitators.
(a) Requirement and Application. - Before a person may engage in business as a retailer or a wholesale merchant or when a facilitator is liable for tax under this Article, the person must obtain a certificate of registration. To obtain a certificate of registration, a person must register with the Department. A person who has more than one business is required to obtain only one certificate of registration for each legal entity to cover all operations of each business throughout the State. An application for registration must be signed as follows:
(1) By the owner, if the owner is an individual.
(2) By a manager, member, or company official, if the owner is a limited liability company.
(2a) By a manager, member, or partner, if the owner is a partnership.
(3) By an executive officer or some other person specifically authorized by the corporation to sign the application, if the owner is a corporation. If the application is signed by a person authorized to do so by the corporation, written evidence of the person's authority must be attached to the application.
(b) Issuance. - A certificate of registration is not assignable and is valid only for the person in whose name it is issued. A copy of the certificate of registration must be displayed at each place of business.
(c) Term. - A certificate of registration is valid unless it is revoked for failure to comply with the provisions of this Article or becomes void. A certificate issued to a person who makes taxable sales or a person liable for tax under this Article becomes void if, for a period of 18 months, the person files no returns or files returns showing no sales. A certificate of registration issued to a seller that contracts with a certified service provider pursuant to G.S. 105-164.42I and that is a model one seller as defined in the Streamlined Agreement does not become void if the certified service provider files returns for the seller showing no sales for a period for which a certificate could become void under this subsection.
(d) Revocation. - The failure of a wholesale merchant or retailer to comply with this Article or G.S. 14-401.18 or the failure of a facilitator to comply with this Article is grounds for revocation of the person's certificate of registration. Before the Secretary revokes a person's certificate of registration, the Secretary must notify the person that the Secretary proposes to revoke the certificate of registration and that the proposed revocation will become final unless the person objects to the proposed revocation and files a request for a Departmental review within the time set in G.S. 105-241.11 for requesting a Departmental review of a proposed assessment. The notice must be sent in accordance with the methods authorized in G.S. 105-241.20. The procedures in Article 9 of this Chapter for review of a proposed assessment apply to the review of a proposed revocation.
(e) Definition. - For purposes of this section, the term "person" means a wholesale merchant, a retailer, or a facilitator. (1957, c. 1340, s. 5; 1973, c. 476, s. 193; 1979, 2nd Sess., c. 1084; 1991, c. 690, s. 5; 1993, c. 354, s. 17; c. 539, s. 705; 1994, Ex. Sess., c. 24, s. 14(c); 1999-333, s. 8; 2000-140, s. 67(b); 2007-491, s. 19; 2009-451, s. 27A.3(t); 2014-3, s. 14.9(b); 2015-6, s. 2.15; 2017-39, s. 8.)
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.