§ 87-10.1. (See editor's note for effective dates) Licensing of nonresidents. - North Carolina Statutes

§ 87‑10.1.  Licensing ofnonresidents.

(a)        Definitions. – Thefollowing definitions apply in this section:

(1)        Delinquent incometax debt. – The amount of income tax due as stated in a final notice ofassessment issued to a taxpayer by the Secretary of Revenue when the taxpayerno longer has the right to contest the amount.

(2)        Foreign corporation.– Defined in G.S. 55‑1‑40.

(3)        Foreign entity. – Aforeign corporation, a foreign limited liability company, or a foreignpartnership.

(4)        Foreign limitedliability company. – Defined in G.S. 57C‑1‑03.

(5)        Foreign partnership.– Either of the following that does not have a permanent place of business inthis State:

a.         A foreign limitedpartnership as defined in G.S. 59‑102.

b.         A generalpartnership formed under the laws of a jurisdiction other than this State.

(b)        Licensing. – TheBoard shall not issue a certificate of license for a foreign corporation unlessthe corporation has obtained a certificate of authority from the Secretary ofState pursuant to Article 15 of Chapter 55 of the General Statutes. The Boardshall not issue a certificate of license for a foreign limited liabilitycompany unless the company has obtained a certificate of authority from theSecretary of State pursuant to Article 7 of Chapter 57C of the GeneralStatutes.

(c)        Information. – Uponrequest, the Board shall provide the Secretary of Revenue on an annual basisthe name, address, and tax identification number of every nonresidentindividual and foreign entity licensed by the Board. The information shall beprovided in the format required by the Secretary of Revenue.

(d)        Delinquents. – Ifthe Secretary of Revenue determines that any nonresident individual or foreigncorporation licensed by the board, a member of any foreign limited liability companylicensed by the Board, or a partner in any foreign partnership licensed by theBoard, owes a delinquent income tax debt, the Secretary of Revenue may notifythe Board of these nonresident individuals and foreign entities and instructthe Board not to renew their certificates of license. The Board shall not renewthe certificate of license of such a nonresident individual or foreign entityidentified by the Secretary of Revenue unless the Board receives a writtenstatement from the Secretary that the debt either has been paid or is beingpaid pursuant to an installment agreement. (1998‑162, ss. 4, 10.)