06 LC 18
5227S
House
Bill 1310 (COMMITTEE SUBSTITUTE)
By:
Representatives O`Neal of the
146th,
Knight of the
126th,
Cole of the
125th,
Smith of the
131st,
and Mosby of the
90th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Title 48 of the Official Code of Georgia Annotated, relating to revenue
and taxation, so as to provide for the comprehensive revision of provisions
regarding revenue and taxation; to define the terms "Internal Revenue Code" and
"Internal Revenue Code of 1986" and thereby incorporate certain provisions of
federal law into Georgia law; to change certain provisions relating to
confidential information; to change certain provisions regarding forms of
payment; to change certain provisions regarding extension of time for certain
returns; to change certain provisions regarding sales and use tax return
allowances; to provide effective dates; to provide for applicability; to repeal
conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Title
48 of the Official Code of Georgia Annotated, relating to revenue and taxation,
is amended by striking paragraph (14) of Code Section 48-1-2, relating to
definitions regarding revenue and taxation, and inserting in its place a new
paragraph (14) to read as follows:
"(14)
'Internal Revenue Code' or 'Internal Revenue Code of 1986' means for taxable
years beginning on or after January 1,
2005
2006,
the provisions of the United States Internal Revenue Code of 1986 provided for
in federal law enacted on or before January 1,
2005
2006,
except Section 168(k),
(but not
excepting Section 168(k)(2)(A)(i), Section 168(k)(2)(D)(i), and Section
168(k)(2)(E)), Section 199,
and
Section 1400L,
Section 1400N(d)(1), Section 1400N(j), and Section
1400N(k) of the Internal Revenue Code of
1986 shall be treated as if they were not in effect. In the event a reference
is made in this title to the Internal Revenue Code or the Internal Revenue Code
of 1954 as it existed on a specific date prior to January 1,
2005
2006,
the term means the provisions of the Internal Revenue Code or the Internal
Revenue Code of 1954 as it existed on the prior date. Unless otherwise provided
in this title, any term used in this title shall have the same meaning as when
used in a comparable provision or context in the Internal Revenue Code of 1986.
For taxable years beginning on or after January 1,
2005
2006, provisions of the Internal Revenue Code of 1986 which were as of January
1,
2005
2006,
enacted into law but not yet effective shall become effective for purposes of
Georgia taxation on the same dates upon which they become effective for federal
tax
purposes."
SECTION
2.
Said
title is further amended in Code Section 48-2-15, relating to confidential
information, by adding a new subsection (e) to read as follows:
"(e)
This Code section shall not be construed to prohibit persons or groups of
persons other than employees of the department from having access to tax
information when necessary to conduct research commissioned by the department
and when necessary for data processing operations and maintenance of data
processing equipment, provided the persons or groups of persons have obtained
prior written approval from the commissioner and are subject to the direct
security control of department personnel during all periods of access. Any
person who divulges or makes known any tax information obtained under this
subsection shall be subject to the same civil and criminal penalties as those
provided for divulgence of information by employees of the
department."
SECTION
3.
Said
title is further amended in subsection (f) of Code Section 48-2-32, relating to
forms of payment, by adding a new paragraph immediately following paragraph (2),
to be designated paragraph (2.1), to read as follows:
"(2.1)
The commissioner may require that any person or business owing more than
$5,000.00 in connection with any return, report, or other document pertaining to
sales tax, use tax, withholding tax, or motor fuel distributor tax required to
be filed with the department on or after July 1, 2006, shall pay any such sales
tax, use tax, withholding tax, or motor fuel distributor tax liability to the
state by electronic funds transfer so that the state receives collectable funds
on the date such payment is required to be made. In emergency situations, the
commissioner may authorize alternative means of payment in funds immediately
available to the state on the date of
payment."
SECTION
4.
Said
title is further amended by striking Code Section 48-2-36, relating to extension
of time for returns, and inserting in its place a new Code Section 48-2-36 to
read as follows:
"48-2-36.
(a)
The commissioner may grant, upon written request, a reasonable extension of time
for filing returns, declarations, or other documents required under state
revenue laws whenever, in the reasonable exercise of
his
such
commissioneŕs
judgment, a good cause for the extension exists. The commissioner shall keep a
record of every extension granted and the reason for the extension. No extension
or extensions, except as otherwise expressly provided by law, shall aggregate
more than six months, nor shall any extension of time for filing
returns,
except as otherwise expressly provided by
law, operate to delay the payment of a tax
unless a bond satisfactory to the commissioner is posted. In no event shall the
commissioner extend the time of filing returns which are required to be filed
with the tax receiver or tax commissioner.
(b)
Notwithstanding any other provision in the laws of this state, in the case of a
taxpayer determined by the commissioner to be affected by a presidentially
declared disaster, as defined in Internal Revenue Code Section 1033(h)(3), or a
terroristic or military action, as defined in Internal Revenue Code Section
692(c)(2), the commissioner may specify a period of up to one year that may be
disregarded in determining, under the laws of this state, in respect of any tax
liability, fee liability, or other liability of such taxpayer:
(1)
Whether any of the actions described in subsection (c) of this Code section were
performed within the time prescribed therefor, determined without regard to
extension under any other provision of the laws of this state for periods after
the date, as determined by the commissioner, of such disaster or
action;
(2)
The amount of any interest, penalty, or addition to the taxes, fees, or other
liability for periods after the date, as determined by the commissioner, of such
disaster or action; and
(3)
The amount of any refund.
(c)
Actions which may be extended:
(1)
Filing any return of taxes, fees, or other liability;
(2)
Payment of any taxes, fees, or other liability or any installment
thereof;
(3)
Filing a petition with the superior court or the office of state administrative
hearings as allowed under the laws of this state;
(4)
Allowance of a refund of any taxes, fees, or other liability;
(5)
Filing a claim for refund of any taxes, fees, or other liability;
(6)
Bringing suit upon any such claim for refund;
(7)
Assessment of any taxes, fees, or other liability;
(8)
Giving or making any notice, assessment, or demand for the payment of any taxes,
fees, or other liability;
(9)
Collection, by the commissioner, by tax execution, or otherwise, of the amount
of any liability of any taxes, fees, or other liability;
(10)
Bringing suit by the department, or any officer on its behalf, in respect of any
liability in respect of any taxes, fees, or other liability; and
(11)
Any other action required or permitted under the laws administered by the
commissioner."
SECTION
5.
Said
title is further amended by striking Code Section 48-8-58, relating to sales and
use tax return allowances, and inserting in its place a new Code Section 48-8-58
to read as follows:
"48-8-58.
(a)(1)
As used in this subsection, the term 'return allowance' means the amount of the
sales price or cost price refunded by the dealer to the purchaser in cash or
credit. No credit shall be allowed to the dealer under this subsection for taxes
collected by
him
such
dealer from the purchaser unless the taxes
collected have been returned by
him
the
dealer to the purchaser.
(2)
When property sold is subsequently returned by agreement to the dealer by the
purchaser, the dealer shall be entitled to credit for the tax imposed by this
article with respect to the return allowance, in the manner prescribed by the
commissioner, as follows:
(A)
If property
is returned within 90 days from the date of sale,
the
The
dealer in
his
the
original return for the taxable period in which the return of the property is
allowed by
him may deduct from
his
the
dealeŕs
gross sales the amount of the return allowance;
or
(B)
If property is returned more than 90 days from the date of sale, no credit shall
be allowed except upon application for a credit memorandum in the amount of the
tax imposed with respect to the return allowance. The application shall be made
and the credit memorandum issued in the manner prescribed by the commissioner.
The application shall be made within the time provided by law for the filing of
claims for refund. The credit memorandum shall be applied by the dealer to his
liability for each succeeding taxable period until exhausted; or
(B)(C)
When a dealer has retired from business and has filed a final return, a claim
for refund of the tax for which the dealer would be entitled to credit under
this subsection may be filed within the time and in the manner prescribed
by
law
under Code
Section 48-2-35.
(b)
The commissioner shall make available to dealers all necessary forms for filing
returns and instructions to ensure a full collection from dealers and an
accounting for the taxes due. Failure of any dealer to secure the
commissioneŕs
forms shall not relieve the dealer from the payment of the tax at the time and
in the manner provided in this article.
(c)
The commissioner shall promulgate any rules and regulations necessary to
implement this Code
section."
SECTION
6.
(a)
Except as otherwise provided in this section, this Act shall become effective
upon its approval by the Governor or upon its becoming law without such
approval.
(b) Section 1 of this Act shall become effective on its approval by the Governor or upon its becoming law without such approval and shall be applicable to all taxable years beginning on or after January 1, 2006. Provisions of the Internal Revenue Code of 1986 which were as of January 1, 2006, enacted into law but not yet effective shall become effective for purposes of Georgia taxation on the same dates upon which they become effective for federal tax purposes.
(b) Section 1 of this Act shall become effective on its approval by the Governor or upon its becoming law without such approval and shall be applicable to all taxable years beginning on or after January 1, 2006. Provisions of the Internal Revenue Code of 1986 which were as of January 1, 2006, enacted into law but not yet effective shall become effective for purposes of Georgia taxation on the same dates upon which they become effective for federal tax purposes.
SECTION
7.
All
laws and parts of laws in conflict with this Act are repealed.