(A) Citation. This section shall be known and may be cited as the "Town of Columbus's Franchise Tax on Electric Power Ordinance."
(B) Definitions. Except as otherwise provided in this section, the definitions of words, terms and phrases as set forth and/or applied in G.S. Ch. 105, Art. 3 are hereby adopted by reference and made a part hereof. Reference to any provision or provisions in the General Statutes shall include the same as may be from time to time amended, modified, supplemented, revised or superceded. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
REVENUE ACT. G.S. Ch. 105, Subchapter 1.
SECRETARY OF REVENUE. The Secretary of Revenue of the State of North Carolina.
STATE FRANCHISE TAX. The franchise or privilege tax imposed on an electric power company engaged in the business of furnishing electricity, electric lights, current or power as provided in G.S. Ch. 105, Art. 3 entitled "Franchise Tax."
STATE FRANCHISE TAX ACT. G.S. Ch. 105, Art. 3.
TAX COLLECTOR. The department of the town government or the official agency of the state designated by law and authorized by law to administer the collection of the tax herein levied.
TAXPAYER(S). Any electric power company liable for the taxes imposed by this section.
TOWN FRANCHISE TAX. The franchise enacted by this section.
(C) Ratification of existing permits. All valid and subsisting permits to do business issued by the Secretary of Revenue pursuant to the Revenue Act, being G.S. Ch. 105, Subdivision 1, are for the purposes of this section, hereby ratified, confirmed and adopted in lieu of any requirement for an additional town permit for the same purpose.
(D) Levy of tax. A franchise tax is hereby levied and imposed for the period(s) designated in division (E) below upon the electric power companies engaged in the business of furnishing electricity, electric lights, current or power within the corporate limits of the town. The tax shall be 3.09% of the companies’ taxable gross receipts from the business of furnishing electricity, electric lights, current or power. It is intended that taxable gross receipts hereunder shall be the same as those taxable under the State Franchise Tax Act. It is recommended that the same tax rate of 3.09% provided in pertinent state law (the percentage distribution amount for cities) be inserted. It is the town’s opinion that the restrictions found in pertinent state law apply only when distributions are being made.
(E) Period for which tax due. When a distribution to the town as required under the State Franchise Tax Act shall not be made, the town franchise tax shall be levied for the periods herein described. A period for which the tax shall be due shall begin on the first day of the first calendar month following the month during which a distribution under the State Franchise Tax Act was due, but not made, to the town and shall continue from month to month until such time as a distribution as required under the State Franchise Tax Act shall be made. The town shall notify taxpayers within a reasonable time after a required distribution is or is not made by the Secretary of Revenue.
(F) Report and payment of tax. The tax shall be paid to the Tax Collector at the time and in the form and manner provided for the payment of sales and use taxes pursuant to and in accordance with G.S. § 105-164.16 as the same applies to a taxpayer who is consistently liable for more than $100 but less than $10,000 a month. As applicable to sales and use taxes, such a taxpayer must file a return and pay the taxes due on a monthly basis. The tax shall be due and payable when a return is required to be filed.
(G) Refunds. Upon the resumption of distributions by the Secretary of Revenue as required under the State Franchise Tax Act, a refund may be due to a taxpayer as specified in this division (G). A refund in the amount indicated herein below shall be due to a taxpayer within 30 days after presentation to the town by the taxpayer of a written certification made by the Secretary of Revenue stating that portion of the town's percentage distribution amount of the state franchise tax that was paid by the taxpayer and allocable to the calendar quarter for which the most recent distribution was made. The amount of a refund shall equal the portion of the percentage distribution amount designated by the Secretary of Revenue.
(H) Penalties and remedies. The provisions with respect to remedies and penalties applicable to the State Franchise Tax Act as contained in G.S. Ch. 105, Art. 9, Subchapter 1, shall be applicable in like manner to the tax authorized to be levied and collected under this section, to the extent that the same are not inconsistent with the provisions hereof. The governing body of the town may exercise any power the Secretary of Revenue may exercise in collecting the state franchise tax.
(I) Administration. In addition to the provisions herein and to the extent that the same are not inconsistent with the provisions of this section, the levy and collection of taxes herein imposed shall be otherwise administered in the same manner as the State Franchise Tax Act as contained in G.S. Ch. 105, Art. 9, Subchapter 1.
(J) Confidentiality of records. The confidential and privileged nature of the records and files concerning the administration of the town franchise tax is legislatively recognized and declared, and to protect the same the provision of G.S. Ch. 105 are adopted by reference and made fully effective and applicable to administration of the tax levied herein as if set forth in full.
(K) Section as cumulative. The provisions hereof shall be cumulative, and in addition to any and all other taxing provisions of town ordinances.
(L) Service upon electric power companies. The town shall serve a copy of this section upon the registered agent for any electric power companies affected hereby.
(Ord. passed - -2002)