§ 105-449.71. Permissive supplier election to collect tax on out-of-state removals. - North Carolina Statutes

§105‑449.71.  Permissive supplier election to collect tax on out‑of‑stateremovals.

(a)        Election. – An out‑of‑statesupplier that is not required to have a license under this Part may elect tohave a license and thereby become a permissive supplier. An out‑of‑statesupplier that does not make this election may not act as a permissive supplierfor motor fuel that is removed at a terminal in another state and has thisState as its destination state.

(b)        Effect. – Byobtaining a license as a permissive supplier, the permissive supplier agrees tobe subject to the same requirements as a supplier and to all of the followingwith respect to motor fuel that is removed by the permissive supplier at aterminal located in another state and has this State as its destination state:

(1)        To collect theexcise tax due this State on the fuel and to waive any defense that the Statelacks jurisdiction to require the supplier to collect the excise tax due thisState under this Article on the fuel.

(2)        To report and paythe tax due on the fuel in the same manner as if the removal had occurred at aterminal located in this State.

(3)        To keep records ofthe removal of the fuel and submit to audits concerning the fuel as if theremoval had occurred at a terminal located in this State.

(4)        To report removalsof fuel received by a person who is not licensed in the state where the removaloccurred.

(c)        LimitedJurisdiction. – A supplier that makes the election allowed by this sectionacknowledges that the State imposes the requirements listed in subsection (b)of this section on the supplier under its general police power set out inArticle 3 of Chapter 119 of the General Statutes to regulate the quality ofmotor fuel and thereby promote public health and safety. A supplier that makesthe election allowed by this section submits to the jurisdiction of the Stateonly for the administration of this Article. (1995, c. 390, s. 3; 1995(Reg. Sess., 1996), c. 647, s. 9.)