North Carolina General Statutes
Article 36C - Gasoline, Diesel, and Blends.
§ 105-449.62 - Nature of tax.

105-449.62. Nature of tax.
This Article imposes a tax on motor fuel to provide revenue for the State's transportation needs and for the other purposes listed in Part 7 of this Article. The tax is collected from the supplier or importer of the fuel because this method is the most efficient way to collect the tax. The tax is designed, however, to be paid ultimately by the person who consumes the fuel. The tax becomes a part of the cost of the fuel and is consequently paid by those who subsequently purchase and consume the fuel. (1997-60, s. 1.)

Structure North Carolina General Statutes

North Carolina General Statutes

Chapter 105 - Taxation

Article 36C - Gasoline, Diesel, and Blends.

§ 105-449.60 - Definitions.

§ 105-449.61 - Tax restrictions; administration.

§ 105-449.62 - Nature of tax.

§ 105-449.65 - List of persons who must have a license.

§ 105-449.66 - Importer licensing.

§ 105-449.67 - List of persons who may obtain a license.

§ 105-449.68 - Restrictions on who can get a license as a distributor.

§ 105-449.69 - How to apply for a license.

§ 105-449.69A - Temporary license during disaster response period.

§ 105-449.70 - Supplier election to collect tax on out-of-state removals.

§ 105-449.71 - Permissive supplier election to collect tax on out-of-state removals.

§ 105-449.72 - Bond or letter of credit required as a condition of obtaining and keeping certain licenses or of applying for certain refunds.

§ 105-449.73 - Denial of license application.

§ 105-449.74 - Issuance of license.

§ 105-449.75 - Licensee must notify the Secretary of discontinuance of business.

§ 105-449.76 - Cancellation or revocation of license.

§ 105-449.77 - Records and lists of license applicants and license holders.

§ 105-449.80 - Tax rate.

§ 105-449.81 - Excise tax on motor fuel.

§ 105-449.82 - Liability for tax on removals from a refinery or terminal.

§ 105-449.83 - Liability for tax on imports.

§ 105-449.83A - Liability for tax on fuel grade ethanol and biodiesel.

§ 105-449.84 - Liability for tax on blended fuel.

§ 105-449.84A - Liability for tax on behind-the-rack transfers.

§ 105-449.85 - Compensating tax on and liability for unaccounted for motor fuel losses at a terminal.

§ 105-449.86 - Tax on and liability for dyed diesel fuel used to operate certain highway vehicles.

§ 105-449.87 - Backup tax and liability for the tax.

§ 105-449.88 - Exemptions from the excise tax.

§ 105-449.88A - Liability for tax due on motor fuel designated as exempt by the use of cards or codes.

§ 105-449.89 - Restrictions on removal of motor fuel from terminal.

§ 105-449.90 - When tax return and payment are due.

§ 105-449.90A - Payment by supplier of destination state tax collected on exported motor fuel.

§ 105-449.91 - Remittance of tax to supplier.

§ 105-449.92 - Notice to suppliers of cancellation, revocation, or reissuance of certain licenses; effect of notice.

§ 105-449.93 - Percentage discount for licensed distributors and some licensed importers.

§ 105-449.95 - Recodified as G.S105-449.105B by Session Laws 2009-445, s35(a), effective January 1, 2010.

§ 105-449.96 - Information required on return filed by supplier.

§ 105-449.97 - Deductions and discounts allowed a supplier when filing a return.

§ 105-449.98 - Duties of supplier concerning payments by distributors, exporters, and importers.

§ 105-449.99 - Returns and discounts of importers.

§ 105-449.100 - Terminal operator to file informational return showing changes in amount of motor fuel at the terminal.

§ 105-449.101 - Motor fuel transporter to file informational return showing deliveries of motor fuel.

§ 105-449.102 - Distributor to file return showing exports from a bulk plant.

§ 105-449.104 - Use of name and account number on return.

§ 105-449.105 - Monthly refunds for tax paid on exempt fuel, lost fuel, and accidental mixes that result in fuel unsuitable for highway use.

§ 105-449.105A - Monthly refunds for kerosene.

§ 105-449.105B - Monthly hold harmless refunds for licensed distributors and some licensed importers.

§ 105-449.106 - Quarterly refunds for nonprofit organizations, special mobile equipment, and off-highway use.

§ 105-449.107 - Annual refunds for certain vehicles with power attachments.

§ 105-449.107A - Sales tax due on motor fuel.

§ 105-449.108 - When an application for a refund is due.

§ 105-449.110 - Review of refund application and payment of refund.

§ 105-449.114 - Authority for agreement with Eastern Band of Cherokee Indians.

§ 105-449.115 - Shipping document required to transport motor fuel by railroad tank car or transport truck.

§ 105-449.115A - Shipping document required to transport fuel by tank wagon.

§ 105-449.117 - Penalties for highway use of dyed diesel or other non-tax-paid fuel.

§ 105-449.118 - Civil penalty for buying or selling non-tax-paid motor fuel.

§ 105-449.118A - Civil penalty for refusing to allow the taking of a motor fuel sample.

§ 105-449.119 - Review of civil penalty assessment.

§ 105-449.120 - Acts that are misdemeanors.

§ 105-449.121 - Record-keeping requirements; inspection authority.

§ 105-449.122 - Equipment requirements.

§ 105-449.123 - Marking requirements for dyed fuel storage facilities.

§ 105-449.125 - Distribution of tax revenue among various funds and accounts.

§ 105-449.126 - Distribution of part of Highway Fund allocation to Wildlife Resources Fund and Shallow Draft Navigation Channel Dredging and Aquatic Weed Fund.