State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_89C > GS_89C-18_1

§89C‑18.1.  Licensing of nonresidents.

(a)        Definitions. – Thefollowing definitions apply in this section:

(1)        Delinquent incometax debt. – The amount of income tax due as stated in a final notice ofassessment issued to a taxpayer by the Secretary of Revenue when the taxpayerno longer has the right to contest the amount.

(2)        Foreign corporation.– Defined in G.S. 55‑1‑40.

(3)        Foreign entity. – Aforeign corporation, a foreign limited liability company, or a foreignpartnership.

(4)        Foreign limitedliability company. – Defined in G.S. 57C‑1‑03.

(5)        Foreign partnership.– Either of the following that does not have a permanent place of business inthis State:

a.         A foreign limitedpartnership as defined in G.S. 59‑102.

b.         A generalpartnership formed under the laws of a jurisdiction other than this State.

(b)        Licensing. – TheBoard shall not renew a certificate of licensure for a foreign corporationunless the corporation has obtained a certificate of authority from theSecretary of State pursuant to Article 15 of Chapter 55 of the GeneralStatutes. The Board shall not renew a certificate of licensure for a foreignlimited liability company unless the company has obtained a certificate ofauthority from the Secretary of State pursuant to Article 7 of Chapter 57C ofthe General Statutes.

(c)        Information. – Uponrequest, the Board shall provide the Secretary of Revenue on an annual basisthe name, address, and tax identification number of every nonresidentindividual and foreign entity licensed by the Board. The information shall beprovided in the format required by the Secretary of Revenue.

(d)        Delinquents. – Ifthe Secretary of Revenue determines that any nonresident individual or foreigncorporation licensed by the Board, a member of any foreign limited liabilitycompany licensed by the Board, or a partner in any foreign partnership licensedby the Board, owes a delinquent income tax debt, the Secretary of Revenue maynotify the Board of these nonresident individuals and foreign entities andinstruct the Board not to renew their certificates of licensure. The Boardshall not renew the certificate of licensure of such a nonresident individualor foreign entity identified by the Secretary of Revenue unless the Boardreceives a written statement from the Secretary that the debt either has beenpaid or is being paid pursuant to an installment agreement. (1998‑162,ss. 7, 13.)