§ 87-22.2. Licensing of nonresidents. - North Carolina Statutes

§ 87‑22.2.  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 license for a foreign corporation unless thecorporation has obtained a certificate of authority from the Secretary of Statepursuant to Article 15 of Chapter 55 of the General Statutes. The Board shallnot issue a license for a foreign limited liability company unless the companyhas obtained a certificate of authority from the Secretary of State pursuant toArticle 7 of Chapter 57C of the General Statutes.

(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 liabilitycompany licensed by the Board, or a partner in any foreign partnership licensedby the Board, owes a delinquent income tax debt, the Secretary of Revenue maynotify the Board of these nonresident individuals and foreign entities andinstruct the Board not to renew their licenses. The Board shall not renew thelicense of such a nonresident individual or foreign entity identified by theSecretary of Revenue unless the Board receives a written statement from theSecretary that the debt either has been paid or is being paid pursuant to an installmentagreement. (1998‑162, ss. 5, 11.)