§ 105-129.2. (See note for repeal) Definitions. - North Carolina Statutes

Article 3A.

Tax Incentives For NewAnd Expanding Businesses.

(See note for repealof this Article.)

§ 105‑129.2.  (See notefor repeal) Definitions.

The following definitionsapply in this Article:

(1)        Agrarian growthzone. – An area designated as an agrarian growth zone pursuant to G.S. 105‑129.3B.

(1a)      Air courier services.– The furnishing of air delivery of individually addressed letters and packagesfor compensation, except by the United States Postal Service.

(2)        Central office oraircraft facility. – Any of the following:

a.         A corporate,subsidiary, or regional managing office, as defined by NAICS.

b.         An auxiliarysubdivision of an interstate passenger air carrier engaged primarily incentralized training for the carrier at its hub.

c.         An auxiliary subdivisionof an interstate passenger air carrier engaged primarily in aircraftmaintenance and repair services or aircraft rebuilding as defined by NAICS.

(3)        Computer services. –Any of the following industries or industry groups, as defined by NAICS, if thetaxpayer provides the services primarily to persons who are not relatedentities with respect to the taxpayer:

a.         Computer systemsdesign and related services.

b.         Software publishing.

c.         Softwarereproducing.

d.         On‑lineinformation services.

(4)        Cost. – In the caseof property owned by the taxpayer, cost is determined pursuant to regulationsadopted under section 1012 of the Code. In the case of property the taxpayerleases from another, cost is value as determined pursuant to G.S. 105‑130.4(j)(2).

(5)        Customer servicecenter. – An establishment of a telecommunications or financial servicescompany, as defined by NAICS, that is primarily engaged in providing supportservices to the company's customers by telephone to support products orservices of the company. For the purpose of this definition, an establishmentis primarily engaged in providing support services by telephone if at leastsixty percent (60%) of its calls are incoming.

(6)        Data processing. – Anycombination of the services listed in this subdivision, if the taxpayerprovides the services primarily to persons who are not related entities withrespect to the taxpayer. The term does not include payroll services, textprocessing, desktop publishing, or financial transaction processing.

a.         Data entry andpreparation.

b.         Database creation,conversion, and management, including warehousing, retrieval, and utilizationof data in databases.

c.         Data capture andimaging, including optical scanning and microfilm recording and imaging.

d.         Computer processingtime rental.

e.         Data storage mediaconversion.

f.          Data file formatconversion.

(7)        Development zone. – Anarea designated as a development zone pursuant to G.S. 105‑129.3A.

(8)        Electronic mailorder house. – An electronic shopping and mail order house, as defined byNAICS.

(8a)      Eligible majorindustry. – A taxpayer is an eligible major industry for the purposes of thisArticle if the taxpayer is primarily engaged in one of the industries listed inG.S. 105‑164.14(j)(3) and the Secretary of Commerce has certified thatthe owner of the facility will invest at least one hundred million dollars($100,000,000) of private funds to acquire, construct, and equip a facility inthis State to engage in one or more of those industries.

(9)        Enterprise tier. – Theclassification assigned to an area pursuant to G.S. 105‑129.3.

(10)      Establishment. – Definedby NAICS.

(11)      Full‑time job.– A position that requires at least 1,600 hours of work per year and isintended to be held by one employee during the entire year. A full‑timeemployee is an employee who holds a full‑time job.

(12)      Hub. – Defined inG.S. 105‑164.3.

(12a)    Interstate aircourier. – Defined in G.S. 105‑164.3.

(13)      Interstate passengerair carrier. – Defined in G.S. 105‑164.3.

(14)      Large investment. – Definedin G.S. 105‑129.4(b1).

(15)      Machinery andequipment. – Engines, machinery, equipment, tools, and implements used ordesigned to be used in the business for which the credit is claimed. The termdoes not include real property as defined in G.S. 105‑273 or rollingstock as defined in G.S. 105‑333.

(16)      Manufacturing. – Anindustry in manufacturing sectors 31 through 33, as defined by NAICS, but notincluding quick printing or retail bakeries.

(17)      NAICS. – The NorthAmerican Industry Classification System adopted by the United States Office ofManagement and Budget as of December 31, 1997.

(17a)    Overdue tax debt. – Definedin G.S. 105‑243.1.

(18)      Purchase. – Definedin section 179 of the Code.

(19)      Related entity. – Definedin G.S. 105‑130.7A.

(20)      Warehousing. – Anindustry in warehousing and storage subsector 493 as defined by NAICS.

(21)      Wholesale trade. – Anindustry in wholesale trade sector 42 as defined by NAICS. (1996, 2nd Ex. Sess., c. 13,s. 3.3; 1997‑277, s. 1; 1998‑55, s. 1; 1999‑360, ss. 1, 2; 2000‑56,ss. 5(a), 5(b); 2000‑173, s. 1(a); 2001‑476, s. 1(a), (b); 2002‑172,s. 1.5; 2003‑416, s. 2; 2003‑435, 2nd Ex. Sess., s. 3.1; 2004‑170,s. 9; 2006‑66, s. 24.16(b).)