The North Carolina Department of Revenue issued directive SD-18-6 on 8/7/18 to interpret the North Carolina sales and use tax law as a result of the United States Supreme Court decision in South Dakota v Wayfair.
Remote Sales Subject to Tax
The rules are effective prospectively to sales after October 31, 2018 by remote sellers that do not have a physical presence in North Carolina. This prospective treatment does not apply to sellers that have a physical presence or other obligation to collect and remit North Carolina sales and use tax.
Remote sellers having gross sales in excess of $100,000 sourced to North Carolina or 200 or more separate transactions in the previous or current calendar year are required to register, collect, and remit sales and use tax effective the later of November 1, 2018 or 60 days after the remote seller meets the threshold. Remote sellers that do not meet the threshold may voluntarily register with the NCDOR and collect and remit sales and use tax. Remote sellers may voluntarily begin collecting and remitting sales and use tax any time prior to November 1, 2018.
Engaged in business is defined, in part, as making a remote sale if one of the conditions in G,S, 105-164.8(b) is met, basically if they advertise or solicit business in NC in any way through the media, internet, or distribution of catalogs.
Remote sale is defined as “(a) sale of tangible personal property or digital property ordered by mail, by telephone, via the internet, or by another similar method to a purchaser who is in the State at the time the order is remitted, from a retailer who receives the order in another state and delivers the property or causes it to be delivered to a person in this state. It is presumed that a resident of this State who remits an order was in this State at the time the order was remitted.”
Remote sellers can register completing an online application through the Streamlined Sales Tax Registration System.