05 LC 18
4157S
House
Bill 22 (COMMITTEE SUBSTITUTE)
By:
Representatives Hill of the
21st,
Scheid of the
22nd,
and Byrd of the
20th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 48-8-2 of the Official Code of Georgia Annotated, relating to
definitions regarding sales and use taxation, so as to change the tax situs of
certain motor vehicle transactions; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Code
Section 48-8-2 of the Official Code of Georgia Annotated, relating to
definitions regarding sales and use taxation, is amended by striking paragraph
(8) and inserting in its place a new paragraph (8) to read as
follows:
"(8)(A)
'Sale' means any transfer of title or possession, transfer of title and
possession, exchange, barter, lease, or rental, conditional or otherwise, in any
manner or by any means of any kind of tangible personal property for a
consideration
except as
otherwise provided in subparagraph (B) of this
paragraph and includes, but is not limited
to:
(A)(i)
The fabrication of tangible personal property for consumers who directly or
indirectly furnish the materials used in such fabrication;
(B)(ii)
The furnishing, repairing, or serving for a consideration of any tangible
personal property consumed on the premises of the person furnishing, repairing,
or serving the tangible personal property; or
(C)(iii)
A transaction by which the possession of property is transferred but the seller
retains title as security for the payment of the price.
(B)
Notwithstanding a
dealeŕs
physical presence, in the case of a motor vehicle retail sale or a motor vehicle
lease or rental when the lease or rental period exceeds 30 days and when the
purchaser or lessee is a resident of this state, the taxable situs of the
transaction for the purposes of collecting local sales and use taxes shall be
the county of motor vehicle registration of the purchaser or
lessee."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.