{"data":{"id":"us-nc/n.c.-gen.-stat.-105-164.12b","jurisdiction":"us-nc","citation":"N.C. Gen. Stat. § 105-164.12B","heading":"Tangible personal property sold below cost with conditional contract.","body":"(a)\tConditional Contract Defined. - A conditional contract is a contract in which all of the following conditions are met:\n(1)\tA seller transfers an item of tangible personal property to a consumer on the condition that the consumer enter into an agreement to purchase services on an ongoing basis for a minimum period of at least six months.\n(2)\tThe agreement requires the consumer to pay a cancellation fee to the seller if the consumer cancels the contract for services within the minimum period.\n(3)\tFor the item transferred, the seller charges the consumer a price that, after any price reduction the seller gives the consumer, is below the purchase price the seller paid for the item. The seller's purchase price is presumed to be no greater than the price the seller paid, as shown on the seller's purchase invoice, for the same item within 12 months before the seller entered into the conditional contract.\n(b)\tTax. - If a seller transfers an item of tangible personal property as part of a conditional contract, a sale has occurred. The sales price of the item is presumed to be the retail price at which the item would sell in the absence of the conditional contract. Sales tax at the general rate under G.S. 105-164.4(a) is due at the time of the transfer on the following:\n(1)\tAny part of the presumed sales price the consumer pays at that time, if the service in the contract is taxable at the combined general rate.\n(2)\tThe presumed sales price, if the service in the contract is not taxable at the combined general rate.\n(3)\tThe percentage of the presumed sales price that is equal to the percentage of the service in the contract that is not taxable at the combined general rate, if any part of the service in the contract is not taxable at the combined general rate.\n(c)-(f). Repealed by Session Laws 2007-244, s. 3, effective October 1, 2007. (1996, 2nd Ex. Sess., c. 13, s. 5.1; 2001-414, ss. 16, 17; 2006-151, s. 6; 2007-244, s. 3; 2016-5, s. 3.8(a).)","path":["","Article 5. Sales and Use Tax.","Part 2. Taxes Levied."],"source_url":"https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_105/GS_105-164.12B.html","current_through":"S.L. 2026-30","vintage":"","retrieved_at":"2026-08-27T18:15:52Z","sha256":"46749079ed9674100cde7a2c374f2453776c17752231834af98553b98c217427","source_id":"us-nc","stale":false,"prev":"us-nc/n.c.-gen.-stat.-105-164.12a","next":"us-nc/n.c.-gen.-stat.-105-164.12c"},"notice":"GroundRules: Original legal text. Not legal advice."}