NORTH CAROLINA GENERAL ASSEMBLY

1967 SESSION

 

 

CHAPTER 1079

HOUSE BILL 1101

 

 

AN ACT TO AMEND G.S. 20-90 AND G.S. 20-91 PERTAINING TO SIX PER CENT (6%) GROSS REVENUE TAX ON COMMON CARRIERS OF PASSENGERS AND COMMON CARRIERS OF PROPERTY.

 

The General Assembly of North Carolina do enact:

 

Section 1.  G.S. 20-90, as the same appears in the 1965 Replacement Volume 1C of the General Statutes, is hereby amended by rewriting the same to read as follows:

"§ 20-90.  Due Date of Franchise Tax. The additional tax on common carriers of passengers and common carriers of property shall become due and payable on or before the thirtieth day of the month following the month in which it accrues.

Whenever a contract carrier or a flat rate common carrier of property becomes a regular common carrier of property subject to the six per cent (6%) gross revenue tax under this chapter during the license renewal period, January 1 to February 15, said carrier's gross revenue for the six per cent (6%) tax purpose shall be all the revenue earned from operations on and after the January 1 preceding the carrier's change to a regular common carrier during the renewal period January 1 to February 15.

Whenever a regular common carrier of property subject to the six per cent (6%) gross revenue tax under this chapter becomes a flat rate common carrier of property or a contract carrier during the license renewal period, January 1 to February 15, said carrier's gross revenue for the six per cent (6%) tax purposes shall be all the revenue earned from operations up to and including operations on the December 31 preceding the carrier's change to a flat rate common carrier of property or a contract carrier if such change is made during the renewal period January 1 to February 15."

Sec. 2.  G.S. 20-91(b), as the same appears in the 1965 Replacement Volume 1C of the General Statutes, is hereby amended by rewriting same to read as follows:

"§ 20-91(b)  All common carriers of passengers and common carriers of property shall, on or before the thirtieth day of each month, make a report to the Department of gross revenue earned and gross mileage operated during the month previous, in such manner as the Department may require and on such forms as the Department shall furnish. If reports are not filed by the thirtieth day of the month following the month for which the report is made, a penalty of five per cent (5%) of gross receipts tax reported will be due. This five per cent (5%) penalty must be paid in addition to the gross receipts tax and may not be claimed as a credit against the tag deposit. Provided that the Commissioner may, in his discretion, waive the five per cent (5%) penalty upon proof by the carrier that late filing of report was due to extenuating circumstances beyond the control of the carrier."

Sec. 3.  All laws and clauses of laws in conflict with this Act are hereby repealed.

Sec. 4.  This Act shall be in full force and effect from and after its ratification.

In the General Assembly read three times and ratified, this the 3rd day of July, 1967.