AN ACT extinguishing the liability of retailers for sales tax overcollections made in reliance on written advice of the secretary of revenue.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 105‑164.11 is amended by adding a new subsection to read:
"(e)	Reliance on Written Advice. – A seller who requests specific written advice from the Secretary and who collects and remits sales or use tax in accordance with the written advice the Secretary gives the seller is not liable to a purchaser for any overcollected sales or use tax that was collected in accordance with the written advice. Subsection (a) of this section governs when a seller may obtain a refund for overcollected tax."
SECTION 2.  This act is effective when it becomes law.
In the General Assembly read three times and ratified this the 28th day of July, 2009.

	_____________________________________
		 Walter H. Dalton
	 President of the Senate

	_____________________________________
		 Joe Hackney
	 Speaker of the House of Representatives

	_____________________________________
		 Beverly E. Perdue
	 Governor

Approved __________.m. this ______________ day of ___________________, 2009