Section 105-129.17 - Tax election; cap(a) Tax Election. - The credit allowed in G.S. 105-129.16A is allowed against the franchise tax levied in Article 3 of this Chapter, the income taxes levied in Article 4 of this Chapter, or the gross premiums tax levied in Article 8B of this Chapter. All other credits allowed in this Article are allowed against the franchise tax levied in Article 3 of this Chapter or the income taxes levied in Article 4 of this Chapter. The taxpayer must elect the tax against which a credit will be claimed when filing the return on which the first installment of the credit is claimed. This election is binding. Any carryforwards of a credit must be claimed against the same tax.(b) Cap. - The credits allowed in this Article may not exceed fifty percent (50%) of the tax against which they are claimed for the taxable year, reduced by the sum of all other credits allowed against that tax, except tax payments made by or on behalf of the taxpayer. This limitation applies to the cumulative amount of credit, including carryforwards, claimed by the taxpayer under this Article against each tax for the taxable year. Any unused portion of the credits may be carried forward for the succeeding five years.N.C. Gen. Stat. § 105-129.17
Amended by 2009 N.C. Sess. Laws 548,s. 3, eff. 1/1/2009.Amended by 2002-87, s. 5, eff. 8/22/2002.Amended by 2001-431, s. 3, eff. 1/1/2001. 1996, 2nd Ex. Sess., c. 13, s. 3.12; 1997-277, s. 3; 1999-342, s. 2; 1999-360, ss. 1, 13; 2000-140, ss. 63(a), 88.1996, 2nd Ex. Sess., c. 13, s. 10.2(3), as amended by 1999-360, s. 1, and by 2000-173, s. 1.(a), states, "Article 3B of Chapter 105 of the General Statutes is repealed as provided in that Article."