Agenda Package - 4-16-2012 Budget and Regular Meeting

Home Browse Search

Get a Document - by Citation - N.C. Gen. Stat. § 105 -472 n N.C. Gen. Stat. § 105 -472 General Statutes of North Carolina Copyright 2011 by Matthew Bender & Company, Inc. a member of the LexisNexis Group. All rights reserved * ** Statutes current through the 2011 Regular Session * ** * ** Annotations current through SEPTEMBER 9, 2011 * ** CHAPTER 105. TAXATION SUBCHAPTER 08 . LOCAL GOVERNMENT SALES AND USE TAX ARTICLE 39. FIRST ONE -CENT (1 /C) LOCAL GOVERNMENT SALES AND USE TAX Go to the North Carolina Code Archive Directory N.C. Gen. Stat. § 105 -472 (2012) § 105 -472. Disposition and distribution of taxes collected (a) County Allocation. -- The Secretary shall, on a monthly basis, allocate to each taxing county for which the Secretary collects the tax the net proceeds of the tax collected in that county under this Article. For the purpose of this section, "net proceeds" means the gross proceeds of the tax collected in each county under this Article less taxes refunded, the cost to the State of collecting and administering the tax in the county as determined by the Secretary, and other deductions that may be charged to the county. If the Secretary collects local sales or use taxes in a month and the taxes cannot be identified as being attributable to a particular taxing county, the Secretary shall allocate the taxes among the taxing counties in proportion to the amount of taxes collected in each county under this Article during that month and shall include them in the monthly distribution. Amounts collected by electronic funds transfer payments are included in the distribution for the month in which the return that applies to the payment is received. (b) Distribution Between Counties and Cities. -- The Secretary shall divide the amount allocated to each taxing county among the county and its municipalities in accordance with the method determined by the county. The board of county commissioners shall, by resolution, choose one of the following methods of distribution: (1) Per Capita Method. -- The net proceeds of the tax collected in a taxing county shall be distributed to that county and to the municipalities in the county on a per capita basis according to the total population of the taxing county, plus the total population of the municipalities in the county. In the case of a municipality located in more than one county, only that part of its population living in the taxing county is considered its "total population ". In order to make the distribution, the Secretary shall determine a per capita figure by dividing the amount allocated to each taxing county by the total population of that county plus the total population of all municipalities in the county. The Secretary shall then multiply this per capita figure by the population of the taxing county and by the population of each municipality in the county; each respective product shall be the amount to be distributed to the county and to each municipality in the county. To determine the population of each county and each municipality, the Secretary shall use the most recent annual estimate of population certified by the State Budget Officer. (2) Ad Valorem Method. -- The net proceeds of the tax collected in a taxing county shall be distributed to that county and the municipalities in the county in proportion to the total amount of ad valorem taxes levied by each on property having a tax situs in the taxing county during http: / /www.lexis.com /researcli /retrieve? m= 8ce8ced495ff86e27f82639c65e] I f4c& browse... 4/9/2012