(a)        Certification. – The Secretary may certify a software program as a certified automated system if the Secretary determines that the program correctly determines all of the following and that the software can generate reports and returns required by the Secretary:

(1)        The applicable combined State and local sales and use tax rate for a sale, based on the sourcing principles in N.C. Gen. Stat. § 105-164.4B.

(2)        Whether or not an item is exempt from tax, based on a uniform product code or another method.

(3)        Repealed by Session Laws 2006-33, s. 12, effective June 1, 2006.

(4)        The amount of tax to be remitted for each taxpayer for a reporting period.

(5)        Any other issue necessary for the application or calculation of sales and use tax due.

(b)        Liability. – A seller may choose to use a certified automated system in performing its sales tax administration functions. A seller that uses a certified automated system is liable for sales and use taxes due on transactions it processes using the certified automated system except for underpayments of tax attributable to errors in the functioning of the system. A person that provides a certified automated system is responsible for the proper functioning of that system and is liable for underpayments of tax attributable to errors in the functioning of the system. (2000-120, s. 2; 2001-347, ss. 1.1, 1.3; 2005-276, s. 33.31; 2006-33, s. 12.)

Terms Used In North Carolina General Statutes 105-164.42H

  • following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
  • state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3