GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1997

S	3 

SENATE BILL 784
Finance Committee Substitute Adopted 5/22/97
House Committee Substitute Favorable 6/23/97

Short Title:  Conform Tax Extension Rules.	(Public)

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Sponsors:

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Referred to:  

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April 10, 1997

A BILL TO BE ENTITLED
AN ACT TO PROVIDE TAX RELIEF AND SIMPLIFICATION BY CONFORMING STATE TAX LAW TO THE FEDERAL RULE THAT GRANTS A FILING EXTENSION EVEN IF THE REQUEST IS NOT ACCOMPANIED BY PAYMENT.
The General Assembly of North Carolina enacts:
Section 1.  G. S. 105-263 reads as rewritten:
"§ 105-263.  Extensions of time for filing a report or return.
The Secretary may extend the time in which a person must file a report or return with the Secretary. To obtain an extension of time for filing a report or return, a person must comply with any application requirement set by the Secretary. An extension of time for filing a franchise tax return, an income tax return, or a gift tax return does not extend the time for paying the tax due or the time when a penalty attaches for failure to pay the tax. An extension of time for filing
a report or any return other than a franchise tax return, an income tax return, or a gift tax return extends the time for paying the tax due and the time when a penalty attaches for failure to pay the tax. When an extension of time for filing a report or return extends the time for paying the tax expected to be due with the report or return, interest, at the rate established pursuant to G.S. 105-241.1(i), accrues on the tax due from the original due date of the report or return to the date the tax is paid."
Section 2.  G.S. 105-129 reads as rewritten:
"§ 105-129.  Extension of time for filing returns.
A return required by this Article is due on or before the date set in this Article.  A taxpayer may ask the Secretary for an extension of time to file a return under G.S. 105-263."
Section 3.  G.S. 105-130.17(d) reads as rewritten:
	"(d)	A taxpayer may ask the Secretary for an extension of time to file a return under G.S. 105-263."
Section 4.  The Secretary of Revenue shall draw from collections under Article 4 of Chapter 105 of the General Statutes for the 1997-98 fiscal year the one-time computer programming costs of implementing this act.
Section 5.  This act becomes effective January 1, 1998, and applies to returns due on or after that date.