2010 North Carolina Code
Chapter 105 Taxation.
Article 36C - Gasoline, Diesel, and Blends.
105-449.83. Liability for tax on imports.
105‑449.83. Liability for tax on imports.
(a) By System Transfer. The excise tax imposed by G.S. 105‑449.81(2) on motor fuel imported by a system transfer to a refinery is payable by the refiner. The excise tax imposed by that subdivision on motor fuel imported by a system transfer to a terminal is payable by the person importing the fuel and by the terminal operator, both of which are jointly and severally liable for payment of the tax due on the fuel.
(b) From Out‑of‑State Terminal. The excise tax imposed by G.S. 105‑449.81(3) on motor fuel that is removed from a terminal rack located in another state and has this State as its destination state is payable by the importer of the fuel as follows:
(1) If the importer of the fuel is a licensed supplier in this State and the fuel is removed for the supplier's own account for use in this State, the tax is payable by the supplier.
(2) If the supplier of the fuel is licensed in this State as an elective supplier or a permissive supplier, the tax is payable to the supplier as trustee.
(3) If no other subdivision of this subsection applies, the tax is payable by the importer when filing a return with the Secretary.
(c) From Out‑of‑State Bulk Plant. The excise tax imposed by G.S. 105‑449.81(3) on motor fuel that is removed from a bulk plant located in another state is payable by the person that imports the fuel. (1995, c. 390, s. 3.)
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