17 NCAC 06B .4003          NONRESIDENT SHAREHOLDERS

(a)  A nonresident shareholder of an S corporation shall take into account only his or her share of the S corporation's income attributable to North Carolina in the numerator of the fraction in determining that portion of adjusted gross income that is taxable to North Carolina.  If an S corporation does business in North Carolina and one or more other states, the income attributable to North Carolina shall be determined under G.S. 105-130.4.

(b)  A nonresident shareholder in an S corporation may claim credit on the shareholder's North Carolina individual income tax return for the tax paid on his or her behalf by the S corporation to North Carolina on his or her share of the S corporation income.

(c)  A nonresident shareholder in an S corporation shall not be required to file a North Carolina individual income tax return when the only income from North Carolina sources is his or her share of S corporation income and the S corporation pays the tax on his or her behalf.

History Note:        Authority G.S. 105-130.4; 105‑131.1; 105‑131.5; 105‑131.7; 105-153.4(d); 105‑262;

Eff. June 1, 1990;

Amended Eff. June 1, 1993; October 1, 1991;

Readopted Eff. May 1, 2016.