Tax Law Changes - North Carolina Department Of Revenue - 2012 Page 40
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41A rule to which the Commission has objected remains under review by the Commission
until the Secretary decides not to satisfy the Commission‟s objection and makes a
written request to the Commission to return the rule to the Secretary. When the rule is
returned to the Secretary, the Secretary may file an action for declaratory judgment in
Wake County Superior Court pursuant to Article 26 of Chapter 1 of the General
Statutes.
A rule adopted under this section becomes effective on the last day of the month the
Codifier of Rules enters the rule in the North Carolina Administrative Code.
(Effective June 20, 2012, SB 824, ss. 2,4, S.L. 12-43.)
G.S. 105-262.1 – Rules to Exercise Authority under G.S. 105-130.5A: The
legislation which enacted this section supersedes directive CD-12-02 which was
published pursuant to G.S. 105-264. The directive explains the Secretary‟s authority
under G.S. 105-130.5A to redetermine a corporation‟s net income by adjusting the
corporation‟s intercompany transactions or requiring a corporation to file a combined
income tax return for tax years beginning on or after January 1, 2012. However, a
taxpayer who relied upon the interpretation in Directive CD-12-02, and whose North
Carolina taxable income for the 2012 taxable year is less under the Directive‟s
interpretation than under an interpretation of G.S. 105-130.5A by a rule adopted
pursuant to G.S. 105-262.1, as enacted by this act is entitled to rely on the interpretation
under the Directive for the 2012 taxable year.
(Effective June 20, 2012, SB 824, s. 5, S.L. 12-43.)
G.S. 105-262.1 – Rules to Exercise Authority under G.S. 105-130.5A: The Secretary
of Revenue‟s authority under G.S. 105-130.5A exists continuously for taxable years
beginning on or after January 1, 2012. However, the Secretary cannot exercise the
authority granted under G.S. 105-130.5A until a rule in accordance with this section
becomes effective. After the rule becomes effective, the Secretary may issue a
proposed denial of refund or a proposed assessment under the authority of G.S. 105-
130.5A for any taxable year beginning on or after January 1, 2012, subject to the
applicable statute of limitations.
(Effective June 20, 2012, SB 824, s. 6, S.L. 12-43.)
G.S. 105-263(a) – Technical Change; Timely Filing of Mailed Documents and
Requests for Extensions: During the 2010 Legislative Session, the General Assembly
enacted S.L. 2010-147, adding this subsection to provide that Section 7502 of the Code
governs when a return, report, payment, or any other document that is mailed to the
Department is filed. This section of the Code is known as the “mailbox rule.” Under the
mailbox rule, the date the document is considered filed is the United States postmark
date stamped on the cover in which such return, report, payment, or other document is
mailed. Therefore, a request for review is considered filed when it is mailed, rather than
when it is received by the DOR. During the 2012 Session, this subsection was
34
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