North Carolina Administrative Code

17 NCAC 04D .0807 NO RETAILER QUALIFIES History Note: Authority G.S. 105-113.56B; 105-113.63; Eff. February 1, 1976; Repealed Eff. October 30, 1981.

17 NCAC 04D .0808 BOND REQUIREMENT History Note: Authority G.S. 105-113.56B; 105-113.63; Eff. February 1, 1976; Amended Eff. October 30, 1981; Repealed Eff. October 1, 1991.

17 NCAC 04D .0906 FAILURE TO FILE TIMELY REPORTS History Note: Authority G.S. 105-113.63; 105-236; Eff. February 1, 1976; Repealed Eff. October 30, 1981.

17 NCAC 04D .0909 BOND REQUIREMENTS History Note: Authority G.S. 105-113.51; 105-113.53; 105-262; Eff. October 1, 1991; Repealed Eff. January 1, 1994.

SECTION .1000 - LIABILITY FOR THE SOFT DRINK EXCISE TAX 17 NCAC 04D .1001 LIABILITY UNDER G.S. 105-113.51(A) History Note: Authority G.S. 105-113.51; 105-262; Eff. October 1, 1991; Amended Eff. March 1, 1995; January 1, 1994; Repealed Eff. July 1, 1999.

17 NCAC 04D .1002 SECONDARY LIABILITY History Note: Authority G.S. 105-113.51; 105-262; Eff. October 1, 1991; Repealed Eff. January 1, 1994.

17 NCAC 04D .1003 LIABILITY UNDER G.S. 105-113.51(B) - SOFT DRINK CERTIFICATE OF LIABILITY History Note: Authority G.S. 105-113.51; 105-262; Eff. March 1, 1995; Repealed Eff. July 1, 1999.

SUBCHAPTER 4E - ALCOHOLIC BEVERAGES TAX SECTION .0100 - LICENSES 17 NCAC 04E .0101 PERMIT REQUIRED TO OBTAIN LICENSE History Note: Authority G.S. 105-113.69; 105-113.102; Eff. February 1, 1976; Repealed Eff. October 30, 1981.

17 NCAC 04E .0104 LICENSE APPLICATION OF PARTNERSHIP History Note: Authority G.S. 105-113.99; 105-113.102; Eff. February 1, 1976; Repealed Eff. October 30, 1981.

17 NCAC 04E .0105 SALESMAN FOR PROPRIETORSHIP OPERATION History Note: Authority G.S. 105-113.74; 105-262; Eff. February 1, 1976; Amended Eff. July 1, 1984; Repealed Eff. July 1, 1990.

17 NCAC 04E .0106 LICENSE NOT TRANSFERABLE History Note: Authority G.S. 105-113.99; 105-113.100; 105-113.102; Eff. February 1, 1976; Repealed Eff. October 30, 1981.

17 NCAC 04E .0204 OUT-OF-STATE SHIPMENTS REPORTING (a) For all out-of-state shipments, resident wholesalers and importers shall maintain invoices, and if using a common carrier for shipment, bills of lading. (b) If delivered by using wholesaler's or importer's own mode of transpo…

17 NCAC 04E .0205 MAJOR DISASTER REPORTING (a) To claim a major disaster exemption pursuant to G.S. 105 -113.81(a), wholesalers and importers of malt beverages or wine must submit Form B-C-750 to the Department. If the wholesaler or importer meets the requirements of G.S. 105-113…

17 NCAC 04E .0206 WHOLESALER BUYING FROM WHOLESALER History Note: Authority G.S. 105-113.83; 105-262; Eff. February 1, 1976; Repealed Eff. January 1, 2021.

17 NCAC 04E .0209 BEER OR WINE TO EMPLOYEES AND GUESTS History Note: Authority G.S. 105-113.81; 105-262; Eff. February 1, 1976; Amended Eff. July 1, 1990; April 1, 1986; July 1, 1984; Repealed Eff. January 1, 1994.

17 NCAC 04E .0210 IDENTICAL TAX UPON DOMESTIC AND NON-DOMESTIC WINES History Note: Authority G.S. 105-113.80; 105-262; Eff. February 1, 1985; Repealed Eff. January 1, 1994.

17 NCAC 04E .0303 DESTRUCTION OF MALT BEVERAGES OR WINE WHEN IN TRANSIT Non-tax-paid malt beverages and wine that are destroyed while in the possession of a common carrier who is transporting these alcoholic beverages from the brewery or winery to the resident wholesaler or resid…

17 NCAC 04E .0304 DESTRUCTION WHEN PROPERTY OF RESIDENT History Note: Authority G.S. 105-113.86; 105-113.102; Eff. February 1, 1976; Repealed Eff. October 30, 1981.

SECTION .0400 - MILITARY BEER AND WINE 17 NCAC 04E .0401 INSIGNIA FOR MILITARY USE ONLY REQUIRED History Note: Authority G.S. 105-113.86; 105-113.102; Eff. February 1, 1976; Repealed Eff. October 30, 1981.

17 NCAC 04E .0402 ACCOUNTING FOR BEER AND WINE SALES TO MILITARY History Note: Authority G.S. 105-113.81; 105-262; Eff. February 1, 1976; Amended Eff. April 1, 1986; January 1, 1982; Repealed Eff. January 1, 1994.

17 NCAC 04E .0403 SEGREGATION OF MILITARY FROM CIVILIAN History Note: Authority G.S. 105-113.86; 105-113.102; Eff. February 1, 1976; Repealed Eff. January 1, 1982.

SECTION .0500 - OCEAN-GOING BEER AND WINE 17 NCAC 04E .0501 EXEMPTION FROM TAX History Note: Authority G.S. 105-113.81; 105-262; Eff. February 1, 1976; Repealed Eff. January 1, 1994.

17 NCAC 04E .0502 receipts FOR MALT BEVERAGES AND WINE delivered to oceangoing vessels Receipt for delivery of non-tax-paid malt beverages and wine to oceangoing vessels shall be signed for by an authorized officer or agent of the vessel. The signed receipts must be retained by t…

SECTION .0600 - BOND REQUIRED 17 NCAC 04E .0601 BOND OR IRREVOCABLE LETTER OF CREDIT REQUIRED OF wholesalers AND importers OF malt beverages or wine (a) A bond submitted to the Department pursuant to G.S. 105-113.86 shall be filed on Form B-C-790. Form B-C-790 requires the follow…

17 NCAC 04E .0602 NEW WHOLESALER OR IMPORTER BOND History Note: Authority G.S. 105-113.86; 105-262; Eff. February 1, 1976; Amended Eff. January 1, 1994; Repealed Eff. January 1, 2021.

17 NCAC 04E .0703 DISTRIBUTION NOTICE History Note: Authority G.S. 105-113.82; 105-262; Eff. February 1, 1976; Amended Eff. July 1, 2000; March 14, 1980; Expired Eff. January 1, 2019 pursuant to G.S. 150B-21.3A.

17 NCAC 04E .0704 DEFINED AREAS History Note: Authority G.S. 105-113.86; 105-113.102; Eff. February 1, 1976; Amended Eff. March 14, 1980; September 20, 1977; Repealed Eff. October 30, 1981.

17 NCAC 04E .0705 HOLD FUNDS History Note: Authority G.S. 105-113.86; 105-113.102; Eff. February 1, 1976; Amended Eff. March 14, 1980; Repealed Eff. April 1, 1986.

17 NCAC 04F .0105 CONVEYANCE TAX (EXCISE TAX ON DEEDS) REPORTS History Note: Authority G.S. 105-228.30; 105-262; Eff. October 1, 1991; Repealed Eff. July 1, 2000.

17 NCAC 05B .0104 INACTIVE CORPORATIONS A corporation that is inactive and without assets is subject annually to a minimum franchise tax. A return is required containing a statement of the status of the corporation. Failure to file this return and pay the minimum tax will result …

17 NCAC 05B .0105 DISSOLUTION OR WITHDRAWAL OF CORPORATE RIGHTS Corporations are not subject to franchise tax after the end of the income year in which articles of dissolution or withdrawal are filed with the Secretary of State unless they engage in business activities not incide…

17 NCAC 05B .0106 PAYMENT OF FRANCHISE TAXES History Note: Authority G.S. 105-127; 105-262; Eff. February 1, 1976; Repealed Eff. October 1, 1993.

17 NCAC 05B .0107 EXTENSION OF FILING DATE Rule 17 NCAC 5C .2004 sets out the procedure for a corporation to obtain an extension of time to file its corporate franchise and income tax return. History Note: Authority G.S. 105-129; 105-262; 105-263; Eff. February 1, 1976; Amended E…

17 NCAC 05B .0108 electronic filing of general business franchise tax returns History Note: Authority G.S. 105-262; Eff. March 1, 2006; Expired Eff. September 1, 2017 pursuant to G.S. 150B-21.3A.

17 NCAC 05B .0203 BILLED FOR THE TAX History Note: Authority G.S. 105-115; 105-262; Eff. February 1, 1976; Repealed Eff. October 1, 1993.

17 NCAC 05B .0403 FORM TO BE USED FOR FILING History Note: Authority G.S. 105-117; 105-262; Eff. February 1, 1976; Amended Eff. January 1, 1994; Repealed Eff. December 1, 1997.

17 NCAC 05B .0503 FORM TO BE USED FOR FILING History Note: Authority G.S. 105-118; 105-262; Eff. February 1, 1976; Amended Eff. January 1, 1994; Repealed Eff. December 1, 1997.

17 NCAC 05B .0603 FORM TO BE USED FOR FILING History Note: Authority G.S. 105-119; 105-262; Eff. February 1, 1976; Amended Eff. January 1, 1994; Repealed Eff. July 1, 2000.

17 NCAC 05B .0803 CORPORATION BILLED FOR THE TAX History Note: Authority G.S. 105-120.1; 105-262; Eff. February 1, 1976; Amended Eff. January 1, 1994; Repealed Eff. July 1, 2000.

17 NCAC 05B .0903 CORPORATION BILLED FOR THE TAX History Note: Authority G.S. 105-121.1; 105-262; Eff. February 1, 1976; Amended Eff. January 1, 1994; Repealed Eff. July 1, 2000.

17 NCAC 05B .1104 EXCLUSION OF RETAINED EARNINGS BY PARENT CORPORATION A parent corporation may exclude any retained earnings of existing subsidiary corporations which it has capitalized or otherwise recorded on its books from the calculation of the capital stock, surplus and und…

17 NCAC 05B .1105 INVESTMENT IN SUBSIDIARY For purposes of G.S. 105-122, the net worth base shall not be reduced by the amount invested in a subsidiary. History Note: Authority G.S. 105-122; 105-262; Eff. February 1, 1976; Amended Eff. July 1, 1999; January 1, 1994; Readopted Eff…

17 NCAC 05B .1108 EXCLUSION PROVISION LIMITED TO INDEBTEDNESS OWED The exclusion from the net worth base of indebtedness owed that is permitted the debtor corporation and the deduction permitted the creditor corporation in G.S. 105-122 are applicable only to indebtedness owed to …

17 NCAC 05B .1109 EQUITY CAPITAL NOT DEDUCTIBLE The equity capital of a wholly owned subsidiary does not represent "indebtedness" owed to a parent corporation which the parent is entitled to deduct from its franchise tax base. History Note: Authority G.S. 105-122; 105-262; Eff. F…

17 NCAC 05B .1110 RECIPROCAL INDEBTEDNESS BETWEEN AFFILIATES A corporation that owes indebtedness to a parent, subsidiary, or affiliated corporation and at the same time is owed indebtedness by the same parent, subsidiary, or affiliated corporation shall net the payable and recei…

17 NCAC 05B .1111 INDEBTEDNESS DEFINED History Note: Authority G.S. 105-122; 105-262; Eff. February 1, 1976; Repealed Eff. October 1, 1993.

17 NCAC 05B .1112 BORROWED CAPITAL DEFINED History Note: Authority G.S. 105-122; 105-262; Eff. February 1, 1976; Amended Eff. November 2, 1992; Repealed Eff. July 1, 2000.

17 NCAC 05B .1115 CASH BASIS CORPORATIONS History Note: Authority G.S. 105-122; 105-258; Eff. April 1, 1991; Expired Eff. September 1, 2017 pursuant to G.S. 150B-21.3A.

SECTION .1300 - INVESTMENT IN TANGIBLE PROPERTIES IN NORTH CAROLINA BASE 17 NCAC 05B .1301 BASIS FOR THE INVESTMENT BASE History Note: Authority G.S. 105-122; 105-262; Eff. February 1, 1976; Repealed Eff. October 31, 1981.

17 NCAC 05B .1302 WHAT IS INCLUDABLE IN THE INVESTMENT BASE History Note: Authority G.S. 105-122; 105-262; Eff. February 1, 1976; Amended Eff. January 1, 1994; Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. August 19, 2017; Expired Eff. Oc…