Section 105-243.1 - Collection of tax debts(a) Definitions. - The following definitions apply in this section: (1)(effective until 8/1/2020) Overdue tax debt. - Any part of a tax debt that remains unpaid 90 days or more after it becomes collectible under G.S. 105-241.22. The term does not include a tax debt for which the taxpayer entered into an installment agreement for the tax debt under G.S. 105-237 within 90 days after the tax debt became collectible, if the taxpayer has not failed to make any payments due under the installment agreement.(1)(effective 8/1/2020) Overdue tax debt. - Any part of a tax debt that remains unpaid 60 days or more after it becomes collectible under G.S. 105-241.22. The term does not include a tax debt for which the taxpayer entered into an installment agreement for the tax debt under G.S. 105-237 within 60 days after the tax debt became collectible, if the taxpayer has not failed to make any payments due under the installment agreement. ...
(2) Tax debt. - The total amount of tax, penalty, and interest collectible under G.S. 105-241.22.(b) Outsourcing. - The Secretary may contract for the collection of tax debts owed by nonresidents and foreign entities. At least 30 days before the Department submits a tax debt to a contractor for collection, the Department must notify the taxpayer by mail that the debt may be submitted for collection if payment is not received within 30 days after the notice was mailed.(b1) [Outsourcing Limitation. -] In determining the liability of any person for a tax, the Secretary may not employ an agent who is compensated in whole or in part by the State for services rendered on a contingent basis or any other basis related to the amount of tax, interest, or penalty assessed against or collected from the person.(c) Secrecy. - A contract for the collection of tax debts is conditioned on compliance with G.S. 105-259. If a contractor violates G.S. 105-259, the contract is terminated, and the Secretary must notify the contractor of the termination. A contractor whose contract is terminated for violation of G.S. 105-259 is not eligible for an award of another contract under this section for a period of five years from the termination. These sanctions are in addition to the criminal penalties set out in G.S. 105-259.(d)(effective until 8/1/2020) Fee. - A collection assistance fee is imposed on an overdue tax debt that remains unpaid 30 days or more after the fee notice required by this subsection is mailed to the taxpayer. In order to impose a collection assistance fee on a tax debt, the Department must notify the taxpayer that the fee will be imposed if the tax debt is not paid in full within 30 days after the date the fee notice was mailed to the taxpayer. The Department may not mail the fee notice earlier than 60 days after the tax debt becomes collectible under G.S. 105 241.22. The fee is collectible as part of the debt. The Secretary may waive the fee pursuant to G.S. 105 237 to the same extent as if it were a penalty. The amount of the collection assistance fee is twenty percent (20%) of the amount of the overdue tax debt. If a taxpayer pays only part of an overdue tax debt, the payment is credited proportionally to fee revenue and tax revenue.
(d)(effective 8/1/2020) Fee. - A collection assistance fee is imposed on an overdue tax debt. In order to impose a collection assistance fee on a tax debt, the Department must notify the taxpayer that the fee will be imposed in accordance with this section at least 60 days prior to its imposition. The fee notice may be included on the notice of collection. The fee is collectible as part of the debt. The Secretary may waive the fee pursuant to G.S. 105-237 to the same extent as if it were a penalty. The amount of the collection assistance fee is twenty percent (20%) of the amount of the overdue tax debt. If a taxpayer pays only part of an overdue tax debt, the payment is credited proportionally to fee revenue and tax revenue.
(e) Use. - The fee is a receipt of the Department and may be expended only pursuant to appropriation by the General Assembly. (f) Reports. - The report of Department activities required by G.S. 105-256 contains information on the Department's efforts to collect tax debts and its use of the proceeds of the collection assistance fee.N.C. Gen. Stat. § 105-243.1
Amended by 2021 N.C. Sess. Laws 180,s. 34.1, eff. 7/1/2021.Amended by 2020 N.C. Sess. Laws 58,s. 6.4-a, eff. 8/1/2020.Amended by 2019 N.C. Sess. Laws 169,s. 5.1-a, eff. 1/1/2020, effective date changed to 8/1/2020 by 2020 N.C. Sess. Laws 58 § 6.4.(b).Amended by 2015 N.C. Sess. Laws 241,s. 28.2, eff. 7/1/2015.Amended by 2014 N.C. Sess. Laws 100,s. 26.1, eff. 7/1/2014.Amended by 2014 N.C. Sess. Laws 3,s. 10.1-d, eff. 5/29/2014.Amended by 2012 N.C. Sess. Laws 152,s. 1, eff. 7/1/2012.Amended by 2007 N.C. Sess. Laws 491,s. 33, eff. 1/1/2008.Amended by 2007 N.C. Sess. Laws 323,s. 6.9.(a), eff. 7/1/2007.Amended by 2006 N.C. Sess. Laws 66,ss. 19.3.(a), 19.2, eff. 7/1/2006.Amended by 2005 N.C. Sess. Laws 276, ss. 22.1.(a), 22.1.(b), eff. 7/1/2005.Amended by 2004 N.C. Sess. Laws 0170, s. 22.5, eff. 8/2/2004.Amended by 2004 N.C. Sess. Laws 0124, ss. 23.2.(a), 23.3.(c), eff. 7/1/2004.Amended by 2003 N.C. Sess. Laws 0349, s. 3, eff. 7/27/2003.Amended by 2002-126, s. 22.2, eff. 7/1/2002.Added by 2001-380, s. 2, eff. 8/20/2001.Amended by 2001-380, s. 8, eff. 10/1/2005.