North Carolina General Statutes
Article 9 - General Administration; Penalties and Remedies.
§ 105-241.13A - Taxpayer inaction.

105-241.13A. Taxpayer inaction.
(a) Consequence of Inaction. - Inaction by a taxpayer after timely filing a request for review shall result in the proposed denial of a refund or the proposed assessment becoming final as provided in this section. As used in this section, "inaction" means that the taxpayer made no response to the Department's initial request for additional information or to the reissuance of the request by the requested response date as provided under G.S. 105-241.13(a). A partial response, a request for additional time, or any other contact by the taxpayer with the Department does not constitute inaction under this section. The Department must send the taxpayer a notice of inaction stating that the proposed denial of a refund or the proposed assessment becomes final 10 days from the date of the notice unless the taxpayer responds to the Department. A proposed denial of a refund or a proposed assessment that becomes final is not subject to further administrative or judicial review. A taxpayer may not file another amended return or claim for refund to obtain the denied refund. Upon payment of the tax, the taxpayer may request a refund of the tax.
(b) Notice of Collection. - Before the Department collects a proposed assessment that becomes final under this section, the Department must send the taxpayer a notice of collection containing the information required under G.S. 105-241.12.
(c) Determining Timely Response. - The provisions of G.S. 105-241.11(b) apply for purposes of determining whether a taxpayer has timely responded to the Department as required under this section. (2017-204, s. 4.1(c).)

Structure North Carolina General Statutes

North Carolina General Statutes

Chapter 105 - Taxation

Article 9 - General Administration; Penalties and Remedies.

§ 105-228.90 - Scope and definitions.

§ 105-230 - Charter suspended for failure to report.

§ 105-231 - Recodified as the second paragraph of § 105-230 by S.L1998-212, s29A.14(k).

§ 105-232 - Rights restored; receivership and liquidation.

§ 105-235 - Every day's failure a separate offense.

§ 105-236 - Penalties; situs of violations; penalty disposition.

§ 105-236.1 - Enforcement of revenue laws by revenue law enforcement agents.

§ 105-237 - Waiver; installment payments.

§ 105-237.1 - Compromise of liability.

§ 105-238 - Tax a debt.

§ 105-239.1 - Transferee liability.

§ 105-240 - Tax upon settlement of fiduciary's account.

§ 105-240.1 - Agreements with respect to domicile.

§ 105-241 - Where and how taxes payable; tax period; liens.

§ 105-241.01 - Electronic filing of returns.

§ 105-241.6 - Statute of limitations for refunds.

§ 105-241.7 - Procedure for obtaining a refund.

§ 105-241.8 - Statute of limitations for assessments.

§ 105-241.9 - Procedure for proposing an assessment.

§ 105-241.10 - Limit on refunds and assessments after a federal determination.

§ 105-241.11 - Requesting review of a proposed denial of a refund or a proposed assessment.

§ 105-241.12 - Result when taxpayer does not request a review.

§ 105-241.13 - Action on request for review.

§ 105-241.13A - Taxpayer inaction.

§ 105-241.14 - Final determination after Departmental review.

§ 105-241.15 - Contested case hearing on final determination.

§ 105-241.16 - Judicial review of decision after contested case hearing.

§ 105-241.17 - Civil action challenging statute as unconstitutional.

§ 105-241.18 - Class actions.

§ 105-241.19 - Declaratory judgments, injunctions, and other actions prohibited.

§ 105-241.20 - Delivery of notice to the taxpayer.

§ 105-241.21 - Interest on taxes.

§ 105-241.22 - Collection of tax.

§ 105-241.23 - Jeopardy assessment and collection.

§ 105-242 - Warrants for collection of taxes; garnishment and attachment; certificate or judgment for taxes.

§ 105-242.1 - Procedure for attachment and garnishment.

§ 105-242.2 - Personal liability when certain taxes not paid.

§ 105-243 - Taxes recoverable by action.

§ 105-243.1 - Collection of tax debts.

§ 105-244.1 - Cancellation of certain assessments.

§ 105-244.2 - Expired pursuant to its own terms, effective January 1, 2010.

§ 105-244.3 - Sales tax base expansion protection act.

§ 105-244.4 - Reduction of certain sales tax assessments.

§ 105-244.4A - Grace period from sales and use tax enforcement actions with respect to the sale of certain digital property by certain continuing education and professional development providers.

§ 105-245 - Failure of sheriff to execute order.

§ 105-246 - Actions, when tried.

§ 105-247 - Municipalities not to levy income and inheritance tax.

§ 105-248 - Purpose of State taxes.

§ 105-249.2 - Due date extended and penalties waived for certain military personnel or persons affected by a presidentially declared disaster.

§ 105-250 - Law applicable to foreign corporations.

§ 105-251 - Information required of taxpayer and corrections based on information.

§ 105-251.2 - Compliance informational returns.

§ 105-252 - Returns required.

§ 105-252.1 - Use of a TTIN.

§ 105-253 - Recodified as G.S105-242.2 by Session Laws 2008-134, s10(a), effective July 1, 2008, and applicable to taxes that become collectible on or after that date.

§ 105-254 - Secretary to furnish forms.

§ 105-254.1 - Identification of veterans on income tax form D-400.

§ 105-255 - Secretary of Revenue to keep records.

§ 105-256 - Publications prepared by Secretary of Revenue; report on fraud prevention progress.

§ 105-256.1 - Corporate annual report.

§ 105-257 - Department may charge fee for report or other document.

§ 105-258 - Powers of Secretary of Revenue; who may sign and verify legal documents; who may serve civil papers.

§ 105-258.1 - Taxpayer interviews.

§ 105-258.2 - Taxpayer conversations.

§ 105-258.3 - Power of attorney.

§ 105-259 - Secrecy required of officials; penalty for violation[Effective until January 1, 2023]

§ 105-260 - Evaluation of Department personnel.

§ 105-260.1 - Delegation of authority to hold hearings.

§ 105-261 - Secretary and deputies to administer oaths.

§ 105-262 - Rules.

§ 105-262.1 - Rules to exercise authority under G.S105-130.5A.

§ 105-263 - Timely filing of mailed documents and requests for extensions.

§ 105-264 - Effect of Secretary's interpretation of revenue laws.

§ 105-264.1 - Secretary's interpretation applies to local taxes that are based on State taxes.

§ 105-264.2 - Publication of written determinations.

§ 105-266.2 - Refund of tax paid on substantial income later restored.

§ 105-268 - Reciprocal comity.

§ 105-268.1 - Agreements to coordinate the administration and collection of taxes.

§ 105-268.2 - Expenditures and commitments authorized to effectuate agreements.

§ 105-268.3 - Returns to be filed and taxes paid pursuant to agreements.

§ 105-269 - Extraterritorial authority to enforce payment.

§ 105-269.1 - Local authorities authorized to furnish office space.

§ 105-269.3 - Enforcement of Subchapter V and fuel inspection tax.

§ 105-269.4 - Election to apply income tax refund to following year's tax.

§ 105-269.5 - Contribution of income tax refund to Wildlife Conservation Account.

§ 105-269.7 - Contribution of income tax refund or payment to the North Carolina Education Endowment Fund.

§ 105-269.8 - (Effective for taxable years beginning on or after January 1, 2017 and expiring for taxable years beginning on or after January 1, 2026) Contribution by individual for early detection of breast and cervical cancer.

§ 105-269.13 - Debts not collectible under North Carolina law.

§ 105-269.14 - Payment of use tax with individual income tax.

§ 105-269.15 - Income tax credits of partnerships.