Tax Law Changes - North Carolina Department Of Revenue - 2012 Page 38
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41G.S. 105-243.1(a1) – Collection of Tax Debts: This subsection was added to prohibit
the employment by the Secretary of any agent compensated in whole or in part by the
State for services rendered on a contingent basis or any other basis related to the
amount of tax, interest, or penalty assessed against or collected from the person.
(Effective July 1, 2012, and applies to audits, determinations of liability, and
assessments contracted for on or after that date; HB 462, s.1, S.L. 12-152.)
G.S. 105-259(b)(15) – Technical Change; Secrecy Required of Officials; Penalty for
Violation: This subdivision was amended to delete the reference to the United States
Treasury Department and replace it with United States Department of Justice.
(Effective June 26, 2012, SB 881, s. 35, S.L. 12-83.)
G.S. 105-259(b)(43) – Secrecy Required of Officials; Penalty for Violation: This
subsection was changed to add a new subdivision. The new subdivision requires the
Department to furnish requested workforce data to the North Carolina Longitudinal Data
System, as required by G.S. 116E-6. Information is to be provided in a nonidentifying
form for statistical and analytical purposes to facilitate and enable the linkage of student
data and workforce data and must not include specific taxpayer identification.
(Effective June 29, 2012, HB 964, s. 1.(b), S.L. 12-133.)
G.S. 105-262(b) – Rules, Notice and Hearing Exceptions: This subsection is
repealed.
(Effective June 20, 2012, SB 824, s. 1, S.L. 12-43.)
G.S. 105-262.1 – Rules to Exercise Authority under G.S. 105-130.5A: This section
was added to require the interpretation of statutes concerning the authority to adjust net
income or require a combined return be made through rule making and to provide an
expedited process for rule making on this issue.
Except for a voluntary redetermination as allowed under G.S. 105-130.5A(c), the
Secretary may not redetermine the State net income of a corporation properly
attributable to its business carried on in the State under G.S. 105-130.5A until a rule has
been adopted in accordance with this section.
Generally, the Secretary must prepare a fiscal note for a proposed new rule or a
proposed change to a rule that has a substantial economic impact. The fiscal note must
be submitted with the rule to the Codifier of Rules. The Codifier of Rules will publish the
proposed rule and fiscal note on the Internet. The Secretary must accept written
comments on both the proposed rule and the fiscal note. However, if the proposed new
rule is submitted to the Codifier of Rules prior to December 31, 2012, the Secretary is
not required to prepare a fiscal note for a proposed new rule explaining the Secretary‟s
authority under and application of G.S. 105-130.5A.
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