Nonprofit Fundraising Sales Tax Exemption.

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
S 1
SENATE BILL 860

Short Title: Nonprofit Fundraising Sales Tax Exemption. (Public)
Sponsors: Senators Burgin, Corbin, and McInnis (Primary Sponsors).
Referred to: Rules and Operations of the Senate
April 29, 2026
*S860-v-1*
A BILL TO BE ENTITLED 1
AN ACT TO PROVIDE A SALES TAX EXEMPTION FOR CERTAIN NONPROFI T 2
ENTITIES, TO EXEMPT CERTAIN FUNDRAISING EVENTS BY NONPROFITS FROM 3
SALES TAX, TO EXEMPT DIAPERS FROM SALES TAX, AND TO MODIFY T HE 4
OWNERSHIP REQUIREMENTS OF REAL AND PERSONAL PROPERTY US ED FOR 5
CHARITABLE PURPOSES. 6
The General Assembly of North Carolina enacts: 7
SECTION 1. G.S. 105-164.14(b) is repealed. 8
SECTION 2. G.S. 105-164.13 reads as rewritten: 9
"§ 105-164.13. Retail sales and use tax. 10
The sale at retail and the use, storage, or consumption in this State of the following tangible 11
personal property, digital property, and services are specifically exempted from the tax imposed 12
by this Article: 13
… 14
(13d) Sales of diapers or incontinence underpads on prescription by an enrolled 15
State Medicaid provider for use by beneficiaries of the State Medicaid 16
program when the provider is reimbursed by the State Medicaid program or a 17
Medicaid managed care organization, as defined in 42 U.S.C. § 18
1396b(m).underpads. 19
… 20
(52a) Tangible personal property, digital property, and services for use in carrying 21
on the work of the following entities, provided the entity is not owned or 22
controlled by the State: 23
a. Hospitals not operated for profit, including hospitals and medical 24
accommodations operated by an authority or other public hospital 25
described in Article 2 of Chapter 131E of the General Statutes. 26
b. An organization that is exempt from income tax under section 27
501(c)(3) of the Code and not classified in the National Taxonomy of 28
Exempt En tities major group areas of (i) Community Improvement 29
and Capacity Building, (ii) Public and Societal Benefit, or (iii) Mutual 30
and Membership Benefit. 31
c. Volunteer fire departments and volunteer emergency medical services 32
squads that are (i) exempt from in come tax under the Code, (ii) 33
financially accountable to a city, as defined in G.S. 160A-1, a county, 34
or a group of cities and counties, or (iii) both. 35
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d. An organization that is a single member LLC that is disregarded for 1
income tax purposes and satisfies all of the following conditions: 2
1. The owner of the LLC is an organization that is exempt from 3
income tax under section 501(c)(3) of the Code. 4
2. The LLC is a nonprofit entity that would be eligible for an 5
exemption under section 501(c)(3) of the Code if it were not 6
disregarded for income tax purposes. 7
3. The LLC is not an organization that would be properly 8
classified in any of the major group areas of the National 9
Taxonomy of Exempt Entities listed in sub -subdivision b. of 10
this subdivision. 11
e. Qualified retirement facilities whose property is excluded from 12
property tax under G.S. 105-278.6A. 13
f. A university-affiliated nonprofit organization that procures, designs, 14
constructs, or provides facilities to, or for use by, a constituent 15
institution of The University of North Carolina. For purposes of this 16
sub-subdivision, a nonprofit organization includes an entity exempt 17
from taxation as a disregarded entity of the nonprofit organization. 18
g. Over-the-counter drugs purchased for use in carrying out the work of 19
a hospital not listed in one of the sub-subdivisions of this subdivision. 20
The exemption provided in this subdivision includes indirect sales to a 21
nonprofit entity of digital property and tangible personal property purchased 22
by a real property contractor that becomes a part of or permanently installed 23
or applied to any building or structure that is owned or leased by the nonprofit 24
entity and is being erected, altered, or repaired for use by the nonprofit entity 25
for carrying on its nonprofit activities. A sale to fulfill a real property contract 26
with an entity that holds an exemption certificate is exempt to the same extent 27
as if purchased directly by the entity that holds the exemption certificate. A 28
real property contractor that purchases an item allowed an exemption under 29
this subdivision must provide (i) an exemption certificate to the retailer that 30
includes the name of the nonprofit entity holding the ex emption certificate, 31
(ii) the exemption certificate number issued to that holder , and (i ii) the 32
information required pursuant to G.S. 105-164.28. 33
The exemption provided in this subdivision does not apply to (i) purchases 34
of electricity, telecommunications service, ancillary service, piped natural gas, 35
video programming, a prepaid meal plan , aviation gasoline and jet fuel, and 36
spirituous liquor or (ii) sales and use tax liability indirectly paid by a nonprofit 37
entity through reimbursement to an authorized person of the entity for tax 38
incurred by the person on an item or transaction subject to tax under Article 5 39
of this Chapter. 40
The aggregate annual exemption amount allowed to an entity under this 41
subdivision for a fiscal year may not exceed thirty-one million seven hundred 42
thousand dollars ($31,700,000) in tax. A real property contractor who pays 43
local sales and use taxes on property qualifying for an exemption under this 44
subdivision on behalf of an entity shall give the entity for whose project the 45
property was purchased a signed statement containing (i) the date the property 46
was purchased, (ii) the type of property purchased, (iii) the project for which 47
the property was used , (iv) i f the property was purchased in this State, the 48
county in which it was purchased , and (v) if the property was not purchased 49
in this State, the county in which the property was used . If the property was 50
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Senate Bill 860-First Edition Page 3
purchased in this State, the real property contractor shall attach a copy of the 1
sales or purchase receipt to the statement. 2
…." 3
SECTION 3. Article 5 of Chapter 105 of the General Statutes is amended by adding 4
a new section to read: 5
"§ 105-164.29C. Nonprofit entity exemption process. 6
(a) Application. – To be eligible for the exemption provided in G.S. 105-164.13(52a), a 7
nonprofit entity must obtain from the Department a sales tax exemption number. The application 8
for exemption must be in the form required by the Secretary, be signed by a person with authority 9
to bind the entity , and contain any information required by the Secretary. The Secretary must 10
assign a sales tax exemption number to a nonprofit entity that submits a proper application. 11
(b) Liability. – A nonprofit entity that does not use the items purchased with its exemption 12
number must pay the tax that should have been paid on t he items purchased, plus interest 13
calculated from the date the tax would otherwise have been paid." 14
SECTION 4. G.S. 105-467(b) reads as rewritten: 15
"(b) Exemptions and Refunds. – The State exemptions and exclusions contained in Article 16
5 of Subchapter I of this Chapter, except for the exemption for food in G.S. 105-164.13B, apply 17
to the local sales and use tax authorized to be levied and imposed under this Article. The State 18
refund provisions contained in G.S. 105-164.14 and G.S. 105-164.14A apply to the lo cal sales 19
and use tax authorized to be levied and imposed under this Article. A refund of an excessive or 20
erroneous State sales tax collection allowed under G.S. 105-164.11 and a refund of State sales 21
tax paid on a rescinded sale or cancelled service contr act under G.S. 105-164.11A apply to the 22
local sales and use tax authorized to be levied and imposed under this Article. The aggregate 23
annual local refund exemption amount allowed an entity under G.S. 105-164.14(b) 24
G.S. 105-164.13(52a) for the State's fisca l year may not exceed thirteen million three hundred 25
thousand dollars ($13,300,000). 26
Except as provided in this subsection, a taxing county may not allow an exemption, exclusion, 27
or refund that is not allowed under the State sales and use tax. A local school administrative unit 28
and a joint agency created by interlocal agreement among local school administrative units 29
pursuant to G.S. 160A-462 to jointly purchase food service -related materials, supplies, and 30
equipment on their behalf is allowed an annual refund of sales and use taxes paid by it under this 31
Article on direct purchases of tangible personal property and services. Sales and use tax liability 32
indirectly incurred by the entity as part of a real property contract for real property that is owned 33
or leased by the entity and is a capital improvement for use by the entity is considered a sales or 34
use tax liability incurred on direct purchases by the entity for the purpose of this subsection. The 35
refund allowed under this subsection does not apply to purch ases of electricity, 36
telecommunications service, ancillary service, piped natural gas, video programming, or a 37
prepaid meal plan. A request for a refund is due in the same time and manner as provided in 38
G.S. 105-164.14(c). Refunds applied for more than three years after the due date are barred." 39
SECTION 5. G.S. 105-236(a)(5a) reads as rewritten: 40
"(5a) Misuse of Exemption Certificate or Affidavit of Capital Improvement. – For 41
misuse of an exemption certificate or affidavit of capital improvement by a 42
purchaser, the Secretary shall assess a penalty equal to two hundred fifty 43
dollars ($250.00). An exemption certificate is a certificate issued by the 44
Secretary that authorizes a retailer to sell an item to the holder of the certificate 45
and either collect tax at a preferential rate or not collect tax on the sale. 46
Examples of an exemption certificate include a certificate of exemption, a 47
direct pay certificate, and a conditional exemption certificate. Misuse under 48
this subdivision includes improper use of a certificate of exemption issued to 49
a nonprofit entity pursuant to G.S. 105-164.29C for direct and indirect 50
purchases by the entity or another person. An affidavit of capital improvement 51
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substantiates that a contract, or a portion of work to be performed to fulfill a 1
contract, is to be taxed for sales and use tax purposes as a real property 2
contract." 3
SECTION 6. G.S. 105-164.4G(e) reads as rewritten: 4
"(e) Exceptions. – The tax imposed by this section does not apply to the following: 5
… 6
(2) Tuition, registrati on fees, or charges to attend instructional seminars, 7
conferences, or workshops for educational purposes, notwithstanding that 8
entertainment activity may be offered as an ancillary purpose of an event listed 9
in this subdivision. 10
(2a) Events held by a nonpr ofit entity exempt from tax under Article 4 of this 11
Chapter solely for fundraising purposes for the entity, notwithstanding that 12
entertainment activity may be offered as an ancillary purpose of the event. 13
…." 14
SECTION 7. G.S. 105-278.6 reads as rewritten: 15
"§ 105-278.6. Real and personal property used for charitable purposes. 16
(a) Use. – Real and personal property owned by:by an entity not organized or operated 17
for profit and listed in this section is exempt from taxation if (i) as to real property, it is actually 18
and exclusively occupied and used by the owner for charitable purposes and (ii) as to personal 19
property, it is entirely and completely used by the owner for charitable purposes. 20
(1) A Young Men's Christian Association or similar organization;organization. 21
(2) A home for the aged, sick, or infirm;infirm. 22
(3) An orphanage or similar home;home. 23
(4) A Society for the Prevention of Cruelty to Animals;Animals. 24
(5) A reformatory or correctional institution;institution. 25
(6) A monastery, convent, or nunnery;nunnery. 26
(7) A nonprofit, life-saving, first aid, or rescue squad organization;organization. 27
(8) A nonprofit An organization providing housing for for, or respite care for, 28
individuals or families with low or moderate incomesincomes. 29
shall be exempted from taxation if: (i) As to real property, it is actually and exclusively occupied 30
and used, and as to personal property, it is entirely and completely used, by the owner for 31
charitable purposes; and (ii) the owner is not organized or operated for profit. 32
(b) Purpose. – A charitable purpose within the meaning of this section is one that has 33
humane and philanthropic objectives; it is an activity that benefits humanity or a significant rather 34
than limited segment of the community without expectation of pecuniary profit or reward. The 35
humane treatment of animals is also a charitable purpose. 36
(c) Incidental Patronage. – The fact that a building or facility is incidentally available to 37
and patronized by the general public, so long as there is no material am ount of business or 38
patronage with the general public, shall not defeat the exemption granted by this section. 39
(d) Partial Use. – Notwithstanding the exclusive-use requirements of this section, if part 40
of a property that otherwise meets the section's requi rements is used for a purpose that would 41
require exemption under subsection (a), above, if the entire property were so used, the valuation 42
of the part so used shall be exempted from taxation. 43
(e) Housing Exceptions. – Real property held by an organization described in subdivision 44
(a)(8) for a charitable purpose under this section qualifies for the benefit provided by this section 45
if one of the following is true: 46
(1) It is held as a future site for housing for individuals or families with low or 47
moderate incomes incomes. Real property may be classified under this section 48
subdivision for no more than 10 years. The taxes that would otherwise be due 49
on real property exempt under this subsection subdivision shall be a lien on 50
the property as provided in G.S. 105-355(a). The taxes shall be carried 51
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forward in the records of the taxing unit as deferred taxes. The deferred taxes 1
are due and payable in accordance with G.S. 105-277.1F when the property 2
loses its eligibility for deferral as a result of a disqualifying ev ent. A 3
disqualifying event occurs when the property was not used for low - or 4
moderate-income housing within 10 years from the first day of the fiscal year 5
the property was classified under this subsection. subdivision. In addition to 6
the provisions in G.S. 105-277.1F, all liens arising under this subdivision are 7
extinguished when the property is used for low- or moderate-income housing 8
within the time period allowed under this subsection.subdivision. 9
(2) The real property is leased, rather than owned, by the organization as a tenant 10
with the organization or owner providing a copy of the lease agreement and 11
certifying that the lease agreement requires the organization to use the real 12
property for housing that would otherwise qualify under this section if the 13
organization owned the real property." 14
SECTION 8. Sections 1 through 5 of this act become effective October 1, 2026, and 15
apply to sales and purchases made on or after that date. Section 6 of this act becomes effective 16
July 1, 2026, and applies to admission charges for entertainment activities held on or after that 17
date. Section 7 of this act is effective for taxes imposed for taxable years beginning on or after 18
July 1, 2026. The remainder of this act is effective when it becomes law. This act does not affect 19
the rights or liabilities of the State, a taxpayer, or another person arising under a statute amended 20
or repealed by this act before the effective date of its amendment or repeal, nor does it affect the 21
right to any refund or credit of a tax that accrued under the amended or repealed statute before 22
the effective date of its amendment or repeal. 23