AG 2000 11 20 - Laserfiche WebLink

Home Browse Search

a_. A motor vehicle of the private passenger type, including., a passenger van, minivan, or sport utility vehicle.. b_.. A motor vehicle of the cargo type, ..including cargo van, pickup truck, or truck ..with. a gross vehicle weight of 26,000 p0und} or [ess used predominantly in the transportation of property for. other than commercia!_freight and that does not require, the opera[or to possess a commercial drivers license. c_. A trailer or semit, railer with a gross vehicle w.eight of 6.000 pounds or less. f21 Short-term lease or rental. -- Defined in O.S. 105-187.1(4). (f'} The penalties and remedies that apply to 10cal sales and use taxes levied under' Subchapte. r..ylII q.f this Chapter apply to a tax levied under..t, his section, .The county board of ...cpmmi~is. ioners may.. exercise any power the Secretary of R...evenue may .exercise in....c..ollecting local saI.e.~ and use taxes." Section 3. Chapter 160A of the General Statutes is amended by adding a new section to read: "§ 160A-2i5,1. Gross receipts tax on short-term leases or rentals, (a) AS a substitute for and in replacement of the ad' valorem t.ax, which is excluded .~.v Q.S. 105-275(4I), a city may levy a gross receipts tax on the gr0~qs receipts from the short-term lease 0r rental of vehicles at retail to the ge--ri, oral public. T~he tax rate shall.,not exceed one and one-half percent. (1.5%) of the gross receipts .from such short-term leases o~..rental$. ~....i~ tax on g. ross receipts is in ad...dition to the privilege takes authorized by G.S. 160A-2.1..1 (b)..If a city enacts the sub..stitute and replacement gross..receipts tax pursuant to [his sectio.n,.any entity required tO collect the tax shall include a provision in.each retail ~hort-term lease or renta.! agreement noting, that the percen.mge amount enacted l;>y the city of the total lease or. rental price, excluding' sales tax, is being charged as a lax on. gross receipts. For pu...rposes of this section, the transaction givinK rise to the tax shgll be deemed to have..0ccurred at the location of the entity from. w. hich the ,customer ~a.k..es detiverv of the vehicle. The tax shall...be collected at the .time of lease .or rental and placed in a ~egre..gated account until remitted to. the city. (c) The collection' and use_ of taxes under this section are not subiect to sales tax ~and are not included in the grqss receipts of the entity.. The proceeds collected u. nder this secti0n..b, etong to the city .a_nd are not s~bject ,to creditor 1.ions against the entity. (d) A tax levied under this section shall be collected by the city but otherwise administere_.d, in the same man.n...er as the tax levied under G.S. 105-164.4(a1(2). (e) The .following definitio.n..s apply in this section: ~1) .Vehicle. - Any of the following: a. A mo_tor vehicle of the privat~ passenger _ty'pe,..including a passenger van, minivan, or .Sport utili~;v vehicle. ~ ~ m.9..tor vehicle. of .the cargo t'vpe, including..cargo'van, pickup truck, or ~ruck with a gross vehicle weig..ht of 26.000 poun_ds or less us.e.d predominantly.in the transportation of proper~ for other than commercial freight and that does not require the qperator to possess a commercial drivers license. ~ A trailer or semitrailer with a ~oss..yehicle. weight of 6.000 oounds or less. (2~ .Short-(erm [.ease or rental. - Defined in G.S. 105-187.1, (f) The penalties and remedies, that apply to local sales and. use taxes levied under Subchapter. VIII of this Chapter app!y to a tax levied under this sect. ion. The. ~overnin~ body of the city m..a3r exerczse any power the Secreta.r3r' of Revenue mag .exercise in collecting local sales and use ta...x, es." Page 2 Senate Bill 1076