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§ 105-129.61. (For delayed repeal, see note) Definitions.

§ 105‑129.61.  (Fordelayed repeal, see note) Definitions.

The following definitionsapply in this Article:

(1)        Computermanufacturing. – Defined in G.S. 105‑164.14.

(2)        Facility. – A singlebuilding or structure or a group of buildings or structures that are located ona single parcel of land or on contiguous parcels of land under common ownershipand any other related real property contained on the parcel or parcels.

(3)        Full‑time job.– A permanent position that requires at least 1,600 hours of work per year andis intended to be held by one employee during the entire year.

(4)        Increased employmentlevel. – The total number of new full‑time jobs and new permanent part‑timejobs converted into full‑time equivalences created by the taxpayer at thefacility with respect to which the credit is claimed, either directly orindirectly through a related entity or strategic partner, as of December 31 ascompared to the employment level of the taxpayer as of December 31 in the yearin which the taxpayer begins construction of the facility with respect to whichthe credit is claimed or as of the date the Secretary makes the writtendetermination required under G.S. 105‑129.62, whichever is earlier. Jobstransferred from one area in the State to another area in the State are notconsidered new jobs for the purposes of this Article and may not be included inthe increased employment level.

(5)        Related entity. – Anentity for which the taxpayer possesses directly or indirectly at least eightypercent (80%) of the control and value.

(6)        Strategic partner. –A business that is engaged in activities at the facility that directlycontribute to the manufacture and distribution of computers and computerperipherals and with whom the taxpayer has contracted to provide those activitiesat the facility in direct support of its manufacturing and distributionactivities.

(7)        Successor inbusiness. – A corporation that through amalgamation, merger, acquisition,consolidation, or other legal succession becomes invested with the rights andassumes the burdens of the predecessor corporation and continues the computermanufacturing and distribution business.

(8)        Unit output. – Thetotal number of computers and computer peripherals produced, assembled, ormanufactured at the facility during the taxable year. (2004‑204, 1st Ex.Sess., s. 1.)

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