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§ 105-449.105B. Monthly hold harmless refunds for licensed distributors and some licensed importers.

§ 105‑449.105B.  Monthlyhold harmless refunds for licensed distributors and some licensed importers.

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If a licensed distributor orlicensed importer purchases motor fuel from a licensed supplier during a monthand the discount the distributor or importer receives under G.S. 105‑449.93(b)on the motor fuel is less than the amount the distributor or importer wouldhave received during that month if the distributor or importer had been alloweda discount on taxable gasoline purchased by the distributor or importer from asupplier under the following schedule, the distributor or importer is allowed amonthly refund of the difference:

                Amount ofGasoline Purchased                                                   Percentage

                             EachMonth                                                                    Discount

First150,000 gallons                                                                  2%

Next100,000 gallons                                                                 11/2%

Amountover 250,000 gallons                                                     1%.

In determining the amount ofdiscounts a distributor or importer received under G.S. 105‑449.93(b) formotor fuel purchased in a month, a distributor or importer is considered tohave received the amount of any discounts the distributor or importer couldhave received under that subsection but did not receive because the distributoror importer failed to pay the tax due to the supplier by the date the supplierhad to pay the tax to the State.  (1995, c. 390, s. 3; 1995 (Reg. Sess., 1996), c. 647,s. 29; 1997‑6, s. 11; 2009‑445, s. 35(a).)

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