(a) Authority. - The Secretary of Revenue may adopt rules needed to administer a tax collected by the Secretary or to fulfill another duty delegated to the Secretary. G.S. 150B-1 and Article 2A of Chapter 150B of the General Statutes set out the procedure for the adoption of rules by the Secretary.
(b) Repealed by Session Laws 2012-43, s. 1, effective June 20, 2012, and Session Laws 2012-79, s. 1.14(d), effective June 26, 2012.
(c) Fiscal Note. - The Secretary must ask the Office of State Budget and Management to prepare a fiscal note for a proposed new rule or a proposed change to a rule that has a substantial economic impact, as defined in G.S. 150B-21.4(b1). The Secretary shall not take final action on a proposed rule change that has a substantial economic impact until at least 60 days after the fiscal note has been prepared. (1939, c. 158, s. 931; 1955, c. 1350, s. 2; 1973, c. 476, s. 193; 1981, c. 859, s. 80; c. 1127, s. 53; 1991, c. 45, s. 28; c. 477, s. 7; 1995, c. 507, s. 27.8(p); 2000-140, s. 93.1(a); 2001-424, s. 12.2(b); 2007-491, s. 39; 2010-31, s. 31.10(f); 2012-43, s. 1; 2012-79, s. 1.14(d).)
Notes of Decisions
Wal-Mart Stores East, Inc. v. Hinton, 676 S.E.2d 634 (N.C. Ct. App. 2009).
· cites it 2× “” N.C. Gen. Stat. § 105-262 (2005). The APA defines “Rule” as “any agency regulation, standard, or statement of general applicability that implements or interprets an enactment of the General Assembly or Congress or a regulation adopted by a federal agency or that describes the…”
Campbell v. Currie, 111 S.E.2d 319 (N.C. 1959).
· cites it 3× “G.S. 105-262 authorizes the Commissioner of Revenue to “initiate and prepare such regulations, not inconsistent with law, as nbay be useful and necessary to implement the provisions of all the articles subchapter I (except 'article 8B) and article 36 of subchapter Y * * » » The…”
Sale v. Johnson, 129 S.E.2d 465 (N.C. 1963).
“But when we look beyond the mere words to the obvious intent we cannot -help seeing that the word ‘or’ must be taken conjunctively; and that the sense of the law is that both the circuit and the district courts shall -have jurisdiction ‘according to the amount’ and ‘in admiralty.”
Duke v. State ex rel. Shaw, 100 S.E.2d 506 (N.C. 1957).
“G.S. 105-262. Any interested citizen may procure copy of these regulations and apply the administrator’s interpretation of the law to the citizen’s tax situation.”
Oscar Miller Contractor, Inc. v. North Carolina Tax Review Bd., 301 S.E.2d 511 (N.C. Ct. App. 1983).
“Sales of mill machinery or mill machinery parts and accessories to manufacturing industries and plants The Secretary of Revenue pursuant to G.S. 105-262 has made a regulation which we quote in part: *728 “Sales and Use Tax Regulation 30 Section II — Specific Tangible Personal…”
In re Alamance Mem'l Park, Inc., 254 S.E.2d 671 (N.C. Ct. App. 1979).
“Pursuant to G.S. 105-262, the Commissioner of Revenue (now called Secretary of Revenue) implemented a regulation setting forth the method of determining the actual value of notes, bonds, and other evidences of debt.”
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