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North Carolina bonds

North Carolina — Tobacco Products Other Than Cigarettes Bond

Use North Carolina's other-tobacco bond when Revenue requires security for your wholesale or retail tax account. Confirm the product class and required amount first; the cigarette bond and the other-tobacco form are separate.

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Recorded state
North Carolina
Bond type
Cigarette / Tobacco Tax Bond
Category
Business operations & taxes
Local scope
Authority
Identified authority / locality
North Carolina Department of Revenue

What this bond does

Current G.S. 105-113.39C allows the Secretary of Revenue to require a bond from a wholesale or retail dealer for taxes under the other-tobacco-products part of Article 2A. The posted B-A-29 form provides the corresponding continuing undertaking to the state.

Who needs it
Wholesale or retail dealers with a Revenue security requirement for tobacco products other than cigarettes. Match the notice to your actual product license and locations rather than assuming every tobacco retailer needs the same security.
Who it protects
B-A-29 binds principal and surety jointly and severally to North Carolina. It requires reports, payment of all taxes and compliance with applicable laws, rules and regulations for licensed other-tobacco sales, use and distribution, including liabilities under Articles 2A and 9 of Chapter 105. It protects the state's revenue and compliance interest, not the dealer's stock or receivables.

Your bond option

This is the option on record for this bond.

The bond amount describes the limit of the bond obligation, not the price. A listed amount does not establish what the requesting party requires. The premium is what you pay and must be confirmed for the actual option. An E&O limit, where listed, is separate errors and omissions insurance.

Details for North Carolina other-tobacco security

The current statute bases the sum on twice the dealer's average expected monthly tax liability under the other-tobacco part, as determined by the Secretary. It sets a $2,000 minimum and $2 million maximum. Revenue periodically reviews the amount and can increase or decrease it as anticipated liability changes.

The posted B-A-29 still cites former section 105-113.38. That section was repealed in 2022, but current section 105-113.39C preserves the other-tobacco bonding authority. Obtain Revenue's current request and accepted form instructions; the old citation does not establish that the bond obligation has ended.

B-A-29 is continuing for acts or omissions on or after its entered effective date. Its coverage of licensed places of business makes an accurate location list important. Confirm the current licenses and product classes with Revenue, including any separately licensed vapor or nicotine activity; do not treat this listing as the cigarette bond.

The model allows either principal or surety to give at least sixty days' written notice by certified mail to the Secretary at the designated cancellation address. A surety agent's notice must include a power of attorney. Liability accrued before release remains, even when discovered later, and a noncompliant attempted cancellation is void.

Follow the model's separate surety and principal execution requirements. It calls for the surety seal; the principal must use its seal or have its signature notarized when no principal seal is affixed. The completed-bond mailing direction and the cancellation-notice address are different, so use Revenue's current instruction for the document being sent.

Purchase Now opens Propeller's North Carolina other-tobacco application in a new tab. Match the legal dealer, account, required sum and effective date, then arrange delivery of the executed bond for Revenue's acceptance. Provider payment does not issue a license, file a return or complete the state's bond filing.

Sources

Have these ready

  1. Legal dealer name, Revenue account and current other-tobacco security request.
  2. Product license classes and all applicable business locations.
  3. Revenue's required amount and expected monthly tax liability.
  4. Required effective date and current accepted B-A-29 execution instructions.
  5. Surety seal, principal seal or notarization as applicable, and correct document-specific mailing directions.

Questions about this bond

Does the repeal of section 105-113.38 mean no bond can be required?

No. Current section 105-113.39C authorizes Revenue to require other-tobacco security. The posted form retains the older citation, so follow Revenue's current request and filing instructions.

Is $2,000 the standard amount for every dealer?

It is the statutory minimum. The amount is based on twice average expected monthly tax liability, as Revenue determines, with a $2 million maximum. Your required security may be higher than the minimum.

Must both signatures always be notarized?

The model uses separate execution fields. It requires a surety seal and provides principal notarization when the principal does not affix its seal. Follow those fields and Revenue's current instructions rather than assuming identical treatment for both signers.

Does the bond end when a license period ends?

B-A-29 states that the bond is continuing. Its release provision requires compliant certified-mail notice and preserves accrued liability. Confirm Revenue's release or replacement instructions rather than treating a license date as automatic cancellation.

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