GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1999

H	1 

HOUSE BILL 1478

Short Title:  Make Taxes Uniform & Simpler.	(Public)

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Sponsors: Representative Miller.

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Referred to:  Finance.

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May 13, 1999

A BILL TO BE ENTITLED
AN ACT TO PROVIDE FOR UNIFORM FRANCHISE TAXES AND FILING FEES FOR CORPORATIONS AND LIMITED LIABILITY COMPANIES AND TO ELIMINATE INCOME TAX ADD-BACK REQUIREMENTS FOR TAX CREDITS.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 105-114(b) reads as rewritten:
"(b)	Definitions. – The following definitions apply in this Article:
(1)	City. – Defined in G.S. 105-228.90.
(1a)	Code. – Defined in G.S. 105-228.90.
(2)	Corporation. – A domestic corporation, a foreign corporation, a limited liability company, an electric membership corporation organized under Chapter 117 of the General Statutes or doing business in this State, or an association that is organized for pecuniary gain, has capital stock represented by shares, whether with or without par value, and has privileges not possessed by individuals or partnerships. 
(3)	Doing business. – Each and every act, power, or privilege exercised or enjoyed in this State, as an incident to, or by virtue of the powers and privileges granted by the laws of this State.
(4)	Income year. – Defined in G.S. 105-130.2."
Section 2.  G.S. 57C-1-22(a) reads as rewritten:
"(a)	The Secretary of State shall collect the following fees when the documents described in this subsection are delivered to the Secretary of State for filing:
Document	 Fee
(1)	Articles of organization	$125.00
(2)	Application for reserved name	10.00
(3)	Notice of transfer of reserved name	10.00
(4)	Application for registered name	10.00
(5)	Application for renewal of registered name	10.00
(6)	Limited liability company's statement of
	change of registered agent or registered
	office or both	5.00
(7)	Agent's statement of change of registered office
	for each affected limited liability company	5.00
(8)	Agent's statement of resignation	No fee
(9)	Designation of registered agent or registered
	office or both	5.00
(10)	Amendment of articles of organization	50.00
(11)	Restated articles of organization without
	amendment of articles	10.00
	(11a)	Restated articles of organization with
amendment of articles	50.00
(12)	Articles of merger	50.00
(13)	Articles of dissolution	30.00
(14)	Cancellation of articles of dissolution	10.00
(15)	Certificate of administrative dissolution	No fee
(16)	Application for reinstatement following
	administrative dissolution	100.00
										(17)	Certificate of reinstatement	No fee
(18)	Certificate of judicial dissolution	No fee
(19)	Application for certificate of authority	250.00
(20)	Application for amended certificate
of authority	50.00
(21)	Application for certificate of withdrawal	10.00
(22)	Certificate of revocation of authority to
transact business	No fee
						(23)	Annual report	20.00
(24)	Articles of correction	10.00
(25)	Application for certificate of existence
or authorization	5.00
(26)	Any other document required or permitted to be filed by this Chapter 10.00(27)	Advisory review of a document	200.00."
Section 3.  G.S. 105-130.5(a)(10) and G.S. 105-134.6(c)(5) are repealed.
Section 4.  G.S. 105-151.14(a) reads as rewritten:
"(a)	A  taxpayer who grows a crop and permits the gleaning of the crop during the taxable year shall be allowed as a credit against the tax imposed by this  Part an amount equal to ten percent (10%) of the market price of the quantity of the gleaned crop.  This credit may not exceed the amount of tax imposed by this Part for the taxable year reduced by the sum of all credits allowable, except tax payments made by or on behalf of the taxpayer.  Any unused portion of the credit may be carried forward for the next succeeding five years."
Section 5.  Section 2 of this act becomes effective January 1, 2000.  The remainder of this act is effective for taxable years beginning on or after January 1, 1999.