§ 105-134.1. Definitions. - North Carolina Statutes

§105‑134.1.  Definitions.

The following definitionsapply in this Part:

(1)        Code. – Defined inG.S. 105‑228.90.

(2)        Department. – TheDepartment of Revenue.

(3)        Educationalinstitution. – An educational institution that normally maintains a regularfaculty and curriculum and normally has a regularly organized body of studentsin attendance at the place where its educational activities are carried on.

(4)        Fiscal year. –Defined in section 441(e) of the Code.

(5)        Gross income. –Defined in section 61 of the Code.

(6)        Head of household. –Defined in section 2(b) of the Code.

(7)        Individual. – Ahuman being.

(7a)      Limited liabilitycompany. – Either a domestic limited liability company organized under Chapter57C of the General Statutes or a foreign limited liability company authorizedby that Chapter to transact business in this State that is classified forfederal income tax purposes as a partnership. As applied to a limited liabilitycompany that is a partnership under this Part, the term "partner"means a member of the limited liability company.

(7b)      Repealed by SessionLaws 1998‑98, s. 9.

(8)        Married individual.– An individual who is married and is considered married as provided in section7703 of the Code.

(9)        Nonresidentindividual. – An individual who is not a resident of this State.

(10)      North Carolinataxable income. – Defined in G.S. 105‑134.5.

(10a)    Partnership. – Adomestic partnership, a foreign partnership, or a limited liability company.

(11)      Person. – Defined inG.S. 105‑228.90.

(12)      Resident. – Anindividual who is domiciled in this State at any time during the taxable yearor who resides in this State during the taxable year for other than a temporaryor transitory purpose. In the absence of convincing proof to the contrary, anindividual who is present within the State for more than 183 days during thetaxable year is presumed to be a resident, but the absence of an individualfrom the state for more than 183 days raises no presumption that the individualis not a resident. A resident who removes from the State during a taxable yearis considered a resident until he has both established a definite domicileelsewhere and abandoned any domicile in this State. The fact of marriage doesnot raise any presumption as to domicile or residence.

(13)      Retirement benefits.– Amounts paid to a former employee or the beneficiary of a former employeeunder a written retirement plan established by the employer to provide paymentsto an employee or the beneficiary of an employee after the end of theemployee's employment with the employer where the right to receive the paymentsis based upon the employment relationship. With respect to a self‑employedindividual or the beneficiary of a self‑employed individual, the termmeans amounts paid to the individual or beneficiary of the individual under awritten retirement plan established by the individual to provide payments tothe individual or the beneficiary of the individual after the end of the self‑employment.In addition, the term includes amounts received from an individual retirementaccount described in section 408 of the Code or from an individual retirementannuity described in section 408 of the Code. For the purpose of thissubdivision, the term "employee" includes a volunteer worker.

(14)      S Corporation. – Definedin G.S. 105‑131(b).

(15)      Secretary. – TheSecretary of Revenue.

(16)      Taxable income. –Defined in section 63 of the Code.

(17)      Taxable year. –Defined in section 441(b) of the Code.

(18)      Taxpayer. – Anindividual subject to the tax imposed by this Part.

(19)      This State. – TheState of North Carolina. (1989, c. 728, s. 1.4; c. 792, s. 1.2; 1989 (Reg.Sess., 1990), c. 814, s. 15; c. 981, s. 5; 1991, c. 689, s. 252; 1991 (Reg.Sess., 1992), c. 922, s. 6; 1993, c. 12, s. 7; c. 354, s. 13; 1996, 2nd Ex. Sess.,c. 13, s. 8.2; 1998‑98, ss. 9, 69.)