House
Bill 559 (AS PASSED HOUSE AND SENATE)
By:
Representatives Smith of the
70th,
Ehrhart of the
36th,
Jones of the
46th,
Graves of the
12th,
and Fleming of the
117th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to
exemptions from state sales and use tax, so as to provide for an exemption from
state sales and use tax only with respect to certain sales of certain energy
efficient products for a limited period of time; to provide for a definition; to
provide for conditions and limitations; to provide an effective date; to repeal
conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Code
Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions
from state sales and use tax, is amended by striking "or" at the end of
paragraph (79), by striking the period at the end of paragraph (80) and
inserting in its place "; or", and by adding a new paragraph immediately
following paragraph (80) to be designated paragraph (81) to read as
follows:
"(81)(A)
Purchase of energy efficient products with a sales price of $1,500.00 or less
per product purchased for noncommercial home or personal use. The exemption
provided by this paragraph shall apply only to sales occurring during a period
commencing at 12:01 A.M. on October 6, 2005, and concluding at 12:00 Midnight on
October 9, 2005.
(B)
For the purposes of this exemption, an energy efficient product is any
dishwasher, clothes washer, air conditioner, ceiling fan, incandescent or
flourescent light bulb, dehumidifier, programmable thermostat, or refrigerator,
the energy efficiency of which has been designated by the United States
Environmental Protection Agency and the United States Department of Energy as
meeting or exceeding each such
agencýs
energy saving efficiency requirements or which have been designated as meeting
or exceeding such requirements under each such
agencýs
Energy Star program.
(C)
The exemption provided for in subparagraph (A) of this paragraph shall not apply
to purchases of energy efficient products purchased for trade, business, or
resale.
(D)(i)
For the purposes of this paragraph, the term 'local sales and use tax' shall
mean any sales tax, use tax, or local sales and use tax which is levied and
imposed in an area consisting of less than the entire state, however authorized,
including, but not limited to, such taxes authorized by or pursuant to
constitutional amendment; by or pursuant to Section 25 of an Act approved March
10, 1965 (Ga. L. 1965, p. 2243), as amended, the 'Metropolitan Atlanta Rapid
Transit Authority Act of 1965'; by or pursuant to Article 2 of this chapter; by
or pursuant to Article 2A of this chapter; by or pursuant to Part 1 of Article 3
of this chapter; by or pursuant to Part 2 of Article 3 of this chapter; by or
pursuant to Article 4 of this chapter.
(ii)
The exemption provided for in subparagraph (A) of this paragraph shall not apply
to any local sales and use tax levied or imposed at any time.
(E)
The commissioner shall promulgate any rules and regulations necessary to
implement and administer this
paragraph."
SECTION
2.
This
Act shall become effective July 1, 2005.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.