§ 160A-215.1. Gross receipts tax on short-term leases or rentals.
§ 160A‑215.1. Gross receipts tax on short‑termleases or rentals.
(a) As a substitute for and in replacement of the ad valoremtax, which is excluded by G.S. 105‑275(42), a city may levy a grossreceipts tax on the gross receipts from the short‑term lease or rental ofvehicles at retail to the general public. The tax rate shall not exceed one andone‑half percent (1.5%) of the gross receipts from such short‑termleases or rentals. This tax on gross receipts is in addition to the privilegetaxes authorized by G.S. 160A‑211.
(b) If a city enacts the substitute and replacement grossreceipts tax pursuant to this section, any entity required to collect the taxshall include a provision in each retail short‑term lease or rentalagreement noting that the percentage amount enacted by the city of the totallease or rental price, excluding highway use tax, is being charged as a tax ongross receipts. For purposes of this section, the transaction giving rise tothe tax shall be deemed to have occurred at the location of the entity fromwhich the customer takes delivery of the vehicle. The tax shall be collected atthe time of lease or rental and placed in a segregated account until remittedto the city.
(c) The collection and use of taxes under this section are notsubject to highway use tax and are not included in the gross receipts of theentity. The proceeds collected under this section belong to the city and arenot subject to creditor liens against the entity.
(d) A tax levied under this section shall be collected by thecity but otherwise administered in the same manner as the tax levied under G.S.105‑164.4(a)(2).
(e) The following definitions apply in this section:
(1) Short‑term lease or rental. Defined in G.S. 105‑187.1.
(2) Vehicle. Any of the following:
a. A motor vehicle of the passenger type, including a passengervan, minivan, or sport utility vehicle.
b. A motor vehicle of the cargo type, including cargo van,pickup truck, or truck with a gross vehicle weight rating of 26,000 pounds orless used predominantly in the transportation of property for other thancommercial freight and that does not require the operator to posses acommercial drivers license.
c. A trailer or semitrailer with a gross vehicle weight of6,000 pounds or less.
(f) The penalties and remedies that apply to local sales anduse taxes levied under Subchapter VIII of Chapter 105 of the General Statutesapply to a tax levied under this section. The governing body of the city mayexercise any power the Secretary of Revenue may exercise in collecting localsales and use taxes. (2000‑2, s. 3; 2000‑140,s. 75(c); 2001‑414, s. 51.)