§ 105-151.14. Credit for gleaned crop. - North Carolina Statutes

§105‑151.14.  Credit for gleaned crop.

(a)        A taxpayer whogrows a crop and permits the gleaning of the crop during the taxable year shallbe allowed as a credit against the tax imposed by this Part an amount equal toten percent (10%) of the market price of the quantity of the gleaned crop. Thiscredit may not exceed the amount of tax imposed by this Part for the taxableyear reduced by the sum of all credits allowable, except tax payments made byor on behalf of the taxpayer. In order to claim the credit allowed under thissection, the taxpayer must add the market price of the gleaned crop to taxableincome as provided in G.S. 105‑134.6(c). Any unused portion of the creditmay be carried forward for the next succeeding five years.

(b)        The followingdefinitions apply to this section:

(1)        "Gleaning"means the harvesting of a crop that has been donated by the grower to anonprofit organization which will distribute the crop to individuals or othernonprofit organizations it considers appropriate recipients of the food.

(2)        "Marketprice" means the season average price of the crop as determined by theNorth Carolina Crop and Livestock Reporting Service in the Department ofAgriculture and Consumer Services, or the average price of the crop in thenearest local market for the month in which the crop is gleaned if the Crop andLivestock Reporting Service does not determine the season average price forthat crop; and

(3)        "Nonprofitorganization" means an organization to which charitable contributions aredeductible from gross income under the Code. (1983 (Reg. Sess., 1984), c.1018, s. 2; 1989, c. 728, s. 1.19; 1991, c. 453, s. 3; 1997‑261, s. 13;1998‑98, s. 101.)