GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1991

H	1 

HOUSE BILL 1282

Short Title:  Electronic Funds Transfer.	(Public)
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Sponsors: Representative Miller.
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Referred to:  Finance.
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May 10, 1991

A BILL TO BE ENTITLED
AN ACT TO AUTHORIZE THE DEPARTMENT OF REVENUE TO ALLOW OR REQUIRE PAYMENT OF TAXES BY ELECTRONIC FUNDS TRANSFER.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 105-241 reads as rewritten:
"§ 105-241. Form of payment; tax period; liens.
(a)	Form of Payment.  The taxes levied in this Chapter are payable in the national currency.  The Secretary may adopt rules prescribing where taxes are to be paid and whether taxes must be paid in cash, by check, by electronic funds transfer, or by another method.  A taxpayer who makes a payment by draft remains liable for the tax until the draft is paid. 
(b)	Tax Period.  Except as otherwise provided in this Chapter, State and local taxes levied pursuant to this Chapter are for the fiscal year of the State in which they became due.
(c)	Lien.  The provisions of this subsection apply to taxes levied under this Chapter except when another Article of this Chapter contains contrary provisions with respect to a tax levied in that Article.  The lien of a tax levied pursuant to this Chapter attaches to all real and personal property of the taxpayer on the date the tax becomes due and continues until the tax and any interest, penalty, and costs are paid.  A tax lien on real estate of a decedent has priority over any claim or debt against the estate except funeral expenses and the cost of administration.  A tax lien is not extinguished by the sale of the taxpayer's real property but it is not enforceable against a bona fide purchaser for value, a duly recorded mortgage, a duly recorded deed of trust, or a duly recorded specific lien except when (i) in the case of real property, a certificate of tax liability or a judgment was first docketed in the office of the clerk of superior court of the county in which the real estate is located, or (ii) in the case of personal property, there has already been a levy on the property under an execution or a tax warrant.  The priority of these claims and liens is determined by the date and time of recording, docketing, levy, or bona fide purchase.  If a taxpayer executes an assignment for the benefit of creditors or if insolvency proceedings are instituted against a taxpayer who owes taxes levied pursuant to this Chapter, the tax lien attaches as of the date and time the taxpayer executes the assignment for the benefit of creditors or the date and time the insolvency proceedings are instituted.  In this case, the tax lien is subject only to prior recorded specific liens and reasonable costs of administration.  
."
Sec. 2.  G.S. 105-130.19 reads as rewritten:
"§ 105-130.19.  Time and place of payment of tax.
(a)	Except as provided in Article 4C of this Chapter, the full amount of the tax payable as shown on the face of the return shall be paid to the Secretary of Revenue at the office where the return is filed and within the time fixed by law for filing the return.  An extension of time granted for filing the return under G.S. 105-130.17(d) is not an extension of time for payment of the full amount of the tax payable.  The tax shall be paid in accordance with rules adopted by the Secretary under G.S. 105-241.
(b), (c)	Repealed by Session Laws 1989, c. 37, s. 1.
	."
Sec. 3.  G.S. 105-157 reads as rewritten:
"§ 105-157.  Time and place of payment of tax.
	Except as otherwise provided in this section and in Article 4A of this Chapter, the full amount of the tax payable as shown on the face of the return shall be paid to the Secretary at the office where the return is filed at the time fixed by law for filing the return.  An extension of time granted for filing the return under G.S. 105-155 is not an extension of time for payment of the full amount of the tax payable.  If the amount shown to be due is less than one dollar ($1.00), no payment need be made.  The tax shall be paid in accordance with rules adopted by the Secretary under G.S. 105-241.
	."
Sec. 4.  G.S. 105-160.7 reads as rewritten:
"§ 105-160.7. Time and place of payment of tax.
	The full amount of the tax payable as shown on the face of the return shall be paid to the Secretary at the office where the return is filed at the time fixed by law for filing the return.  However, if the amount shown to be due after all credits is less than one dollar ($1.00), no payment need be made.  An extension of time granted for filing the return under G.S. 105-160.6 is not an extension of time for payment of the full amount of the tax payable.  The tax shall be paid in accordance with rules adopted by the Secretary under G.S. 105-241.
	."
Sec. 5.  G.S. 105-164.18 reads as rewritten:
"§ 105-164.18. Remittances; how made.
All remittances of taxes imposed by this Article shall be made in accordance with rules adopted by the Secretary under G.S. 105-241. "
Sec. 6.  This act becomes effective October 1, 1991.