GENERAL ASSEMBLY OF NORTH CAROLINA

1987 SESSION

 

 

CHAPTER 587

HOUSE BILL 995

 

AN ACT CONFIRMING THE RIGHT OF THE STATE, THE UNIVERSITY OF NORTH CAROLINA AND LOCAL GOVERNMENTAL UNITS AND ANY AGENCY OR INSTRUMENTALITY THEREOF TO ISSUE BONDS OR OTHER OBLIGATIONS THE INTEREST ON WHICH IS OR MAY BE SUBJECT TO FEDERAL INCOME TAXATION.

 

The General Assembly of North Carolina enacts:

 

Section 1.  It is hereby found, determined and declared that:

(1)       from time to time bills have been introduced in the United States Congress providing that the interest on all or certain state and municipal bonds or debt obligations, whether issued by or on behalf of states or local governmental units, be subject to federal income taxation; and

(2)       the Tax Reform Act of 1986 requires, in certain circumstances, the inclusion in the gross income of the recipient thereof of interest on bonds or obligations issued by or on behalf of certain state or local governmental units for purposes of federal income tax which heretofore would have been exempt from federal income taxation.

Sec. 2.  Nothing in any act, general, special or private, shall be deemed to limit or restrict the right of the State or any agency or instrumentality thereof, or The University of North Carolina or any agency or instrumentality thereof, or any county, city, town, special district, authority or other political subdivision or local governmental unit or any agency or instrumentality thereof, to issue, or have issued on its behalf, bonds or obligations the interest income on which is or may be subject to federal income taxation.

Sec. 3.  The interest on any such bonds or obligations shall maintain its existing exemption from State income taxation, or other taxation, if any, including, but not limited to, the tax on intangible personal property now imposed by the State, notwithstanding that such interest may be or become subject to federal income taxation as a result of legislative action by the federal government.

Sec. 4.  If the provisions of this act are inconsistent with the provisions of any other laws, the provisions of this act shall be controlling.

Sec. 5.  This act is effective upon ratification.

In the General Assembly read three times and ratified this the 9th day of July, 1987.