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NORTH CAROLINA STATUTES AND CODES

§ 105-113.39. Discount; refund.

§ 105‑113.39.  Discount;refund.

(a)        Discount. – Awholesale dealer or a retail dealer who is primarily liable under G.S. 105‑113.35(b)for the excise taxes imposed by this Part, who files a timely report under G.S.105‑113.37, and who sends a timely payment may deduct from the amount duewith the report a discount of two percent (2%). This discount covers expensesincurred in preparing the records and reports required by this Part and theexpense of furnishing a bond.

(b)        Refund. – Awholesale dealer or retail dealer who is primarily liable under G.S. 105‑113.35(b)for the excise taxes imposed by this Part and is in possession of stale orotherwise unsalable tobacco products upon which the tax has been paid mayreturn the tobacco products to the manufacturer and apply to the Secretary forrefund of the tax. The application shall be in the form prescribed by theSecretary and shall be accompanied by an affidavit from the manufacturerlisting the tobacco products returned to the manufacturer by the applicant. TheSecretary shall refund the tax paid, less the discount allowed, on the listedproducts.  (1969,c. 1075, s. 2; 1991, c. 689, s. 273; 2001‑414, s. 4; 2003‑284, s.45A.1(c); 2004‑84, s. 2(c); 2005‑406, s. 2; 2008‑207, s. 4.)

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