§ 105-449.91. Remittance of tax to supplier. - North Carolina Statutes

§ 105‑449.91. Remittance of tax to supplier.

(a)        Distributor. – Adistributor must remit tax due on motor fuel removed at a terminal rack to thesupplier of the fuel. A licensed distributor has the right to defer theremittance of tax to the supplier, as trustee, until the date the trustee mustpay the tax to this State or to another state. The time when an unlicenseddistributor must remit tax to a supplier is governed by the terms of thecontract between the supplier and the unlicensed distributor.

(b)        (Effective untilJanuary 1, 2009) Exporter. – An exporter must remit tax due on motor fuelremoved at a terminal rack to the supplier of the fuel. The time when anexporter must remit tax to a supplier is governed by the law of the destinationstate of the exported motor fuel.

(b)        (EffectiveJanuary 1, 2009) Exporter. – A licensed exporter must remit tax due onmotor fuel removed at a terminal rack to the supplier of the fuel. The timewhen a licensed exporter must remit tax to a supplier is governed by the law ofthe destination state of the exported motor fuel.

(c)        Importer. – Alicensed importer must remit tax due on motor fuel removed at a terminal rackof a permissive or an elective supplier to the supplier of the fuel. A licensedimporter that removes fuel from a terminal rack of a permissive or an electivesupplier has the right to defer the remittance of tax to the supplier until thedate the supplier must pay the tax to this State.

(d)        (Effective untilJanuary 1, 2009) General. – The method by which a distributor, a licensedexporter, or a licensed importer must remit tax to a supplier is governed bythe terms of the contract between the supplier and the distributor, exporter,or licensed importer and the supplier. G.S. 105‑449.76 governs thecancellation of a license of a distributor, an exporter, and an importer.

(d)        (EffectiveJanuary 1, 2009) General. – A person who removes motor fuel at a terminalrack and is not subject to another subsection in this section must remit taxdue on the motor fuel to the supplier of the fuel. The time the person mustremit tax to a supplier is governed by the terms of the contract between thesupplier and the person.

The method by which a personmust remit tax to a supplier under this section is governed by the terms of thecontract between the supplier and that person. G.S. 105‑449.76 governsthe cancellation of a license of a distributor, an exporter, and an importer.  (1995, c. 390, s. 3; 1995(Reg. Sess., 1996), c. 647, s. 25; 1997‑60, s. 12; 2008‑134, s.40.)