North Carolina General Statutes 105-256. Publications prepared by Secretary of Revenue; report on fraud prevention progress
(a) Publications. – The Secretary shall prepare and publish the following:
(1) At least every two years, statistics concerning taxes imposed by this Chapter, including amounts collected, classifications of taxpayers, geographic distribution of taxes, and other facts considered pertinent and valuable.
Terms Used In North Carolina General Statutes 105-256
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Escheat: Reversion of real or personal property to the state when 1) a person dies without leaving a will and has no heirs, or 2) when the property (such as a bank account) has been inactive for a certain period of time. Source: OCC
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- 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
- Fraud: Intentional deception resulting in injury to another.
- Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
- Oversight: Committee review of the activities of a Federal agency or program.
- 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
(2) At least every two years, a tax expenditure report that lists the tax expenditures made by a provision in this Chapter, other than a provision in Subchapter II, and gives an estimate of the amount by which revenue is reduced by each tax expenditure. A “tax expenditure” is an exemption, an exclusion, a deduction, an allowance, a credit, a refund, a preferential tax rate, or another device that reduces the amount of tax revenue that would otherwise be available to the State. An estimate of the amount by which revenue is reduced by a tax expenditure may be stated as ranging between two amounts if the Department does not have sufficient data to make a more specific estimate.
(2a) By May 1 of each year, an economic incentives report that contains information on tax credits and tax refunds, itemized by credit or refund and by taxpayer, for the previous calendar year.
(3) As often as required, a report that is not listed in this subsection but is required by another law.
(4) As often as the Secretary determines is needed, other reports concerning taxes imposed by this Chapter.
(5) At least once a year, a statement of the taxpayer’s bill of rights, which sets forth in simple and nontechnical terms the following:
a. The taxpayer’s right to have the taxpayer’s tax information kept confidential.
b. The rights of a taxpayer and the obligations of the Department during an audit.
c. The procedure for a taxpayer to appeal an adverse decision of the Department at each level of determination.
d. The procedure for a taxpayer to claim a refund for an alleged overpayment.
e. The procedure for a taxpayer to request information, assistance, and interpretations or to make complaints.
f. Penalties and interest that may apply and the basis for requesting waiver of a penalty.
g. The procedures the Department may use to enforce the collection of a tax, including assessment, jeopardy assessment, enforcement of liens, and garnishment and attachment.
(6) On an annual basis, a report on the quality of services provided to taxpayers through the Taxpayer Assistance Call Center, walk-in assistance, and taxpayer education. The report must be submitted to the Joint Legislative Commission on Governmental Operations and the Joint Legislative Oversight Committee on General Government.
(7) Repealed by Session Laws 2011-330, s. 35, effective June 27, 2011.
(8) By February 15 and August 15 of each year, a semiannual report on the Department’s activities listed in this subdivision. The report must be submitted to the Joint Legislative Commission on Governmental Operations, to the Joint Legislative Oversight Committee on General Government, and to the Revenue Laws Study Committee.
a. Its efforts to increase compliance with the tax laws. The report must describe the Department’s existing initiatives in this area as of July 1, 2006, and must estimate, by tax type and amount, the revenue expected in the fiscal year by the initiative. The report must describe any new initiative implemented since July 1, 2006, and estimate, by tax type and amount, the revenue expected in the fiscal year by the initiative.
b. Its efforts to identify and address fraud and other abuses of the voluntary tax compliance system that result in unreported and underreported tax. The report must describe the Department’s long-term plan for achieving greater voluntary compliance and must summarize the steps taken since the last report and their results.
c. Its efforts to collect tax debts. The report must include a breakdown of the amount and age of tax debts collected through warning letters and by other means, must itemize collections by type of tax, must describe the Department’s long-term collection plan, and must summarize the steps taken since the last report and their results.
d. Its use of the proceeds of the collection assistance fee imposed by N.C. Gen. Stat. § 105-243.1
(9) Repealed by Session Laws 2013-416, s. 18(a), effective August 23, 2013.
(a1) [Fraud Prevention Progress Reports. -] Beginning March 1, 2016, and every six months thereafter, the Department of Revenue and the Government Data Analytics Center must make written progress reports to the Revenue Laws Study Committee on the following:
(1) Prevention or reduction of the occurrence of stolen identities and refund fraud.
(2) Elimination of fraudulent returns.
(3) Tax compliance by business professionals and alcohol vendors.
(4) Coordination of efforts between the Department of Revenue and the Government Data Analytics Center to identify and integrate into the Department’s operations and procedures the most effective and accurate processes and scalable tools available to reduce refund fraud, payment of fraudulent returns, and business tax compliance.
(b) Information. – The Secretary may require a unit of State or local government to furnish the Secretary statistical information the Secretary needs to prepare a report under this section. Upon request of the Secretary, a unit of government shall submit statistical information on one or more forms provided by the Secretary.
(c) Distribution. – The Secretary shall distribute reports prepared by the Secretary as follows without charge:
(1) Five copies to the Division of State Library of the Department of Natural and Cultural Resources, as required by N.C. Gen. Stat. § 125-11.7
(2) Five copies to the Legislative Services Commission for the use of the General Assembly.
(3) Upon request, one copy to each entity and official to which a copy of the reports of the Appellate Division of the General Court of Justice is furnished under N.C. Gen. Stat. § 7A-343.1
(4) One copy of the tax expenditure report to each member of the General Assembly and, upon request, one copy of any other report to each member of the General Assembly.
(5) One copy of the taxpayer’s bill of rights to each taxpayer the Department contacts regarding determination or collection of a tax, other than by providing a tax form.
(6) Upon request, one copy of the taxpayer’s bill of rights to each taxpayer.
The Secretary may charge a person not listed in this subsection a fee for a report prepared by the Secretary in an amount that covers publication or copying costs and mailing costs.
(d) Other Requirements. – The following requirements apply to the Secretary:
(1) Repealed by Session Laws 2006-6, s. 10, effective July 1, 2007.
(2) Escheats. – N.C. Gen. Stat. § 116B-60(g) requires the Secretary to furnish information to the Escheat Fund on October 1 of each year.
(e) Repealed by Session Laws 2004-124, s. 23.3(b), effective July 1, 2004. (1939, c. 158, s. 926; 1955, c. 1350, s. 8; 1973, c. 476, s. 193; 1991, c. 10, s. 1; 1991 (Reg. Sess., 1992), c. 1007, s. 16; 1993, c. 433, s. 1; c. 532, s. 6; 2001-414, ss. 25, 26; 2002-87, s. 8; 2002-126, s. 22.5; 2004-124, s. 23.3(b); 2006-6, s. 10; 2006-66, s. 19.3(b); 2007-491, ss. 35, 36; 2010-166, s. 1.21; 2011-330, ss. 33(a), 35; 2013-414, s. 18(a); 2015-241, s. 14.30(s); 2015-259, s. 7.3(b); 2021-180, s. 37.10.)