1947 session laws – Ch.501 Sec.2

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CHAPTER 501 AN ACT TO AMEND AND SUPPLEMENT THE REVE- NUE ACT, BEING SUBCHAPTER I OF CHAPTER 105 OF THE GENERAL STATUTES. The General Assembly of North Carolina do enact: TITLE AND PURPOSE OF ACT. SecTIon A. The title of this Act shall be The Act of 1947 Amending and Supplementing The Revenue Act, being Sub- chapter I of Chapter 105 of the General Statutes. Sec. B. The purpose of this Act is to amend and supplement The Revenue Act, being Subchapter I of Chapter 105 of the General Statutes, and to raise and provide revenue for the pur- poses therein set forth. That The Revenue Act, being Subchapter I of Chapter 105 of the General Statutes, be, and the same is hereby, amended and supplemented as hereinafter provided in this Act, that is to say:

Amendments to the License Tax Article, Article 2, Schedule B. Subsection (a). Rewrite Subsection (e) of Section 105-37 to read as follows: (e) Counties shall not levy any license tax on the business taxed under the foregoing portions of this Section. On the business described in the first paragraph of this Section, cities and towns may levy a license tax not in excess of the following: In cities or towns of less than 1,500 population ..0.000..00… $ 12.5 In cities or towns of 1,500 and less than 3,000 population 31.25 In cities or towns of 3,000 and less than 5,000 population 62.5 In cities or towns of 5,000 and less than 10,000 populaGLOW 37 Ferg edad eh ed eo ae RM A ceria aca ea Ja eet 87.5 In cities or towns of 10,000 and less than 15,000 populaRAEYT NM ete 11 Cee Det oy OAR eel on ar eee) aks eS 137.5 In cities or towns of 15,000 and less than 25,000 populaPLGSTL PRE N Eeeh ek tree Rn ne RIE NE ct Ar een Sti RA i 187.5 In cities or towns of 25,000 population or over… 212.5 On the business described in Subsection (a) of this Section, cities and towns may levy a license tax not in excess of one hundred dollars ($100.00); and on a business described in Subsection (b), (c) or (d) of this Section, cities and towns may levy a license tax not in excess of one-half of the tax authorized by the schedule set forth in this Subsection. Subsection (b). Rewrite Subsections (f) and (g) of Section 105-37 as a new Section to be numbered Section 105-37.1 and to read as follows: (a) Every person, firm or corporation engaged in the business of giving, offering or managing any form of entertainment or amusement not otherwise taxed or specifically exempted in this Article, for which an admission is charged, shall pay an annual license tax for each room, hall, tent or other place where such admission charges are made, graduated according to population, as follows: In cities or towns of less than 1,500 population… $10.00 In cities or towns of 1,500 and less than 3,000 population. 15 In cities or towns of 3,000 and less than 5,000 population. 20.09 In cities or towns of 5,000 and less than 10,000 population 25 In cities or towns of 10,000 and less than 15,000 population biieee Aeseee Sie dc oaee st WBC rey Sov. be hese es Ath sna ee 8, 30 In cities or towns of 15,000 and less than 25,000 population tie eet Mahe aed ori ie ee ces Seta CE Bea ae Ae eae . 40 In cities or towns of 25,000 population or over……………. 50 In addition to the license tax levied in the above schedule, Such person, firm, or corporation shall pay an additional tax upon the gross receipts of such business at the rate of tax levied in Article V, Schedule E, of this Act upon retail sales of merchandise. Reports shall be made to the Commissioner of Revenue, in such form as he may prescribe, within the first ten days of each month covering all such gross receipts for the previous month, and the additional tax herein levied shall be paid monthly at the time such reports are made. The annual license tax herein levied shall be treated as an advance payment of the tax upon gross receipts herein levied, and the annual license tax shall be applied as a credit upon or advance payment of the gross receipts tax. Every person, firm, or corporation giving, offering, or managing any dance or athletic contest of any kind, except high school and elementary school athletic contests, for which an admission fee in excess of fifty cents (50c) is charged, shall pay an annual license tax of five dollars ($5.00) for each location where such charges are made, and, in addition, a tax upon the gross receipts derived from admission charges in excess of fifty cents (50c) at the rate of tax levied in Article V, Schedule E, of this Act upon retail sales of merchandise. The additional tax upon gross receipts shall be levied and collected in accordance with such regulations as may be made by the Commissioner of Revenue. No tax shall be levied on admission fees for high school and elementary school contests. The tax levied in this last portion of this Section shall apply to all privately owned toll bridges, including all charges made for all vehicles, freight and passenger, and the minimum charge of fifty cents (50c) for admission shall not apply to bridge tolls. (b) Counties shall not levy any license tax on the business taxed under this Section, but cities and towns may levy a license tax not in excess of one-half the base tax levied herein. Subsection (c). Amend Section 105-39 by striking out the word fifteen in line five of the second paragraph of subdivision (b) and inserting in lieu thereof the word thirty. (d) Amend Section 105-41.1 by adding a new paragraph at the end of Said Section to read as follows: Persons, firms or corporations licensed hereunder who or which do not engage in any of the kinds of insurance business deseribed in Section 58-72 shall be exempt from being licensed or regulated by the Commissioner of Insurance. Subsection (e). Amend Section 105-56 by adding thereto a new Subsection to follow Subsection (a), to be numbered Subsection (b), and to read as follows: (b) If any person, firm, or corporation, required to be licensed under the provisions of this Section, engages in said business in two or more cities or towns, such person, firm or corporation shall procure a license based on the population of the largest city or town in which the business taxed under this Section is carried on. Subsection (f). Further amend Section 105-56 by striking out (b) at the beginning of the last sentence of said Section and inserting in lieu thereof (c). Subsection (g). Amend Section 105-64.1 by rewriting the first three lines thereof to read as follows: Every person, firm, or corporation who shall rent, maintain, or own a building wherein, or any premises on which, there is a bowling alley or alleys. Subsection (h). Section 105-81 is hereby repealed. Subsection (i). Further amend Section 105-89 by striking out the word three in line 2 of paragraph (d) of Subsection -8 and inserting in lieu thereof the word two. Subsection (j). Rewrite Subsection -2 of Section 105-89 as a new Section, to be numbered Section 105-89.1, and to read as follows: SECTION 105-89.1. Motorcycle Dedlers. Every person, firm, or corporation, foreign or domestic, engaged in the business of buying, selling, distributing, and/or exchanging motorcycles or motorcycle supplies or any of such commodities in this State shall apply for and obtain from the Commissioner of Revenue a State license for the privilege of engaging in such business in this State, and shall pay for such license an annual tax for each location where such business is carried on, as follows: In unincorporated communities and cities or towns of SEIS MMBE EECIAES 922 <5) (00 SVO PO UMA LR OLD og oc cetestcccdiscezctsctaerrsennstPossetteatpaosstesnnaandtons $10.00 In cities or towns of 2,500 and less than 5,000 population 15 In cities or towns of 5,000 and less than 10,000 population 20 In cities or towns of 10,000 and less than 20,000 populaPaO Hee kre ern ee eMedia. ee at Oe Ah 25 In cities or towns of 20,000 and less than 30,000 populaRRR Seren eS eta a RS OC eR in aladi dae eats . 30 BM CItIES OF TOWNS Of 30,000 OF MOTE... ccccscsescsseesssnesesssienennen 40 (a) A motorcycle dealer paying the license tax under this Section may buy, sell, and/or deal in bicycles and bicycle supplies without the payment of an additional license tax. (b) No additional license tax shall be levied upon or collected from any employee or salesman whose employer has paid the tax levied in this Section. (c) No motorcycle dealer shall be issued dealers tags until the license tax levied under this Section has been paid. (d) Counties, cities, and towns may levy a license tax on each place of business located therein, taxed under this Section, not in excess of one-fourth of that levied by the State; with the exception that the minimum tax may be as much as ten dollars ($10.00) . Subsection (k). Further amend Section 105-89 by renumbering Subsection -3 as Subsection (2). Subsection (1). Further amend Section 105-89 by rewriting | the last two lines of paragraph (a) of Subsection -4 to read as follows: to any license tax under Subsections -2 and -3 of this Section. ; Subsection (m). Further amend Section 105-89 by renumbering Subsection -4 as Subsection (3). Subsection (n). Repeal paragraph (c) of Subsection 4 of Section 105-89. Redesignate paragraphs (d) and (e) of Subsection 4 of Section 105-89 as paragraphs (c) and (d). Subsection (0). Section 105-94 is hereby repealed. Subsection (p). The Tax Research Department is hereby ordered and directed to undertake at its earliest convenience a | complete and thorough study of the entire Schedule B taxes | with the view toward equalizing and making uniform the taxes levied by this Schedule, dividing on a benefit, service or control | basis the objects of taxation as between the several levels of | government, and eliminating overlapping and discriminatory | taxes. The results of said study and recommendations for any | necessary revision of the Schedule B tax structure shall be reported to the Advisory Budget Commission on or before July 1st, | 1948, and to the 1949 Session of the General Assembly. Subsection (q). This Section shall be effective on and after June 1st, 1947

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