North Carolina General Statutes Chapter 105 — Taxation

N.C. Gen. Stat. § 105-251

Information required of taxpayer and corrections based on information

# (a)

Scope of Information. - A taxpayer must give information to the Secretary when the Secretary requests the information. The Secretary may request a taxpayer to provide only the following kinds of information on a return, a report, or otherwise:

# (1)

Information that identifies the taxpayer.

# (2)

Information needed to determine the liability of the taxpayer for a tax.

# (3)

Information needed to determine whether an item is subject to a tax.

# (4)

Information that enables the Secretary to collect a tax. (4a) Financial or tax documentation required to determine the appropriate adjustment under G.S. 105-130.5A. If such information is not timely provided as required under G.S. 105-130.5A(a), the Secretary may propose any adjustment allowable under Part 1 of Article 4 of this Chapter.

# (5)

Other information the law requires a taxpayer to provide or the Secretary needs to perform a duty a law requires the Secretary to perform.

# (b)

Correction of Liability. - When a taxpayer provides information to the Secretary within the statute of limitations and the information establishes that an assessment against the taxpayer is incorrect or that the taxpayer is allowed a refund, the Secretary must adjust the assessment or issue the refund in accordance with the information. This action is a correction of an error by the Department or by the taxpayer and is not part of the process for the administrative or judicial review of a proposed assessment or a claim for refund. (1939, c. 158, s. 921; 1973, c. 476, s. 193; 1993 (Reg. Sess., 1994), c. 661, s. 2; 2008-134, s. 71; 2021-180, s. 42.13B(f).)

Last amended: 1939, c. 158, s. 921; 1973, c. 476, s. 193; 1993 (Reg. Sess., 1994), c. 661, s. 2; 2008-134, s. 71; 2021-180, s. 42.13B(f).

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