Are you a North Carolina taxpayer? Today’s juicy bit…

Do you fit the definition of “taxpayer” within the law used to tax your pay?

You tell me:

“Chapter 105 – Taxation.

Article 4.

Income Tax.

Part 1.  Corporation Income Tax.

§ 105-130.  Short title.

This Part of the income tax Article shall be known and may be cited as the Corporation Income Tax Act. (1939, c. 158, s. 300; 1967, c. 1110, s. 3; 1998-98, ss. 42, 61, 68.)

§ 105-130.1.  Purpose.

The general purpose of this Part is to impose a tax for the use of the State government upon the net income of every domestic corporation and of every foreign corporation doing business in this State.

The tax imposed upon the net income of corporations in this Part is in addition to all other taxes imposed under this Subchapter. (1939, c. 158, s. 301; 1967, c. 1110, s. 3; 1998-98, s. 69.)

§ 105-130.2.  Definitions.

The following definitions apply in this Part:

(3)        Corporation. – A joint-stock company or association, an insurance company, a domestic corporation, a foreign corporation, or a limited liability company.

(9)        Gross income. – Defined in section 61 of the Code.

(12)      Parent. – A corporation is a parent of another corporation when, directly or indirectly, it controls the other corporation by stock ownership, interlocking directors, or by any other means whatsoever exercised by the same or associated financial interests, whether the control is direct or through one or more subsidiary, affiliated, or controlled corporations.

(18)      Taxpayer. – A corporation subject to the tax imposed by this Part.

§ 105-134.2.  Individual income tax imposed.

(a)        A tax is imposed upon the North Carolina taxable income of every individual. The tax shall be levied, collected, and paid annually and shall be computed at the following percentages of the taxpayer‘s North Carolina taxable income.”

§ 105-160.1.  Definitions.

The definitions provided in Part 2 of this Article shall apply in this Part except where the context clearly indicates a different meaning. “

And thus, it is left up to the reader to decide whether “taxpayer” in the “individual income tax imposed” section, clearly means something other than a corporation. Keep in mind, “Taxpayer. – A corporation subject to the tax imposed by this Part” is the definition for the whole Chapter 105 on Taxation.

The North Carolina General Assembly, businessmen all, have implemented rules to take your money.  If you let the presumption stand, and do not read the law, they can treat you (John Henry Doe) as a corporation, because you look and act like one.

I look forward to discussing this.

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