105-258. Powers of Secretary of Revenue; who may sign and verify legal documents; who may serve civil papers.
(a) Secretary May Examine Data and Summon Persons. - The Secretary of Revenue is authorized to do any of the following for the purpose of ascertaining the correctness of any return, filing a return where none has been filed, or determining the liability of any person for a tax, or collecting any tax:
(1) Examine, personally, or by an agent designated by him, any books, papers, records, or other data that may be relevant or material to the inquiry.
(2) Summon any of the following persons to appear at a time and place named in the summons, to produce such books, papers, records, or other data, and to give such testimony under oath as may be relevant or material to the inquiry:
a. Any person liable for the tax or required to perform the act, or any officer or employee of such person.
b. Any person having possession, custody, care or control of books of account containing entries relevant or material to the income and expenditures of the person liable for the tax or required to perform the act, or any other person having knowledge in the premises.
(3) Administer oaths to the persons listed in this subsection.
(4) Apply to the Superior Court of Wake County for an order requiring any person who refuses to obey the summons or to give testimony when summoned. Failure to comply with the court order shall be punished as for contempt.
(b) Department Employees May Sign and Verify Legal Documents. - In a matter to which the Secretary of Revenue is a party or in which the Secretary has an interest, all legal documents may be signed and verified on behalf of the Secretary by (i) a Deputy or Assistant Secretary; (ii) any director or assistant director of any division of the Department of Revenue; or (iii) any other agent or employee of the Department so authorized by the Secretary of Revenue.
(c) Department Employees May Serve Civil Papers. - In a civil matter to which the Secretary of Revenue is a party or in which the Secretary has an interest, any agent or employee of the Department of Revenue may serve summonses and other legal documents lawfully issued when so authorized by the Secretary of Revenue. (1939, c. 158, s. 927; 1943, c. 400, s. 9; 1955, c. 435; 1959, c. 1259, s. 8A; 1973, c. 476, s. 193; 1987 (Reg. Sess., 1988), c. 1044, s. 1; 1991, c. 157, s. 1; 2007-527, s. 15; 2013-414, s. 1(i).)
Structure North Carolina General Statutes
North Carolina General Statutes
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.
§ 105-239.1 - 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.
§ 105-241.19 - 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.
§ 105-242.1 - 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.
§ 105-245 - 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.
§ 105-250 - Law applicable to foreign corporations.
§ 105-251 - Information required of taxpayer and corrections based on information.
§ 105-251.2 - Compliance informational returns.
§ 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.
§ 105-258.1 - 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.
§ 105-262.1 - 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.
§ 105-269.13 - Debts not collectible under North Carolina law.
§ 105-269.14 - Payment of use tax with individual income tax.