§ 105-164.28. Certificate of resale. - North Carolina Statutes

§ 105‑164.28. Certificate of resale.

(a)        Seller'sResponsibility. – A seller who accepts a certificate of resale from a purchaserhas the burden of proving that the sale was not a retail sale unless all of thefollowing conditions are met:

(1)        For a sale made inperson, the certificate is signed by the purchaser and states the purchaser'sname, address, registration number, and type of business.

(2)        For a sale made inperson, the item sold is the type of item typically sold by the type ofbusiness stated on the certificate.

(3)        For a sale made overthe Internet or by other remote means, the seller obtains the purchaser's name,address, registration number, and type of business and maintains thisinformation in a retrievable format in its records.

(b)        Purchaser'sLiability. – A purchaser who does not resell an item purchased under acertificate of resale is liable for any tax subsequently determined to be dueon the sale.  (1957,c. 1340, s. 5; 1973, c. 476, s. 193; 1991 (Reg. Sess., 1992), c. 914, s. 1;2000‑120, s. 6; 2005‑276, s. 33.15; 2009‑451, s. 27A.3(r).)