05 LC
18 4096
House
Bill 306
By:
Representatives Rice of the
51st,
Ehrhart of the
36th,
and Burkhalter of the
50th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 48-8-63 of the Official Code of Georgia Annotated, relating
to payment of sales and use tax by contractors, so as to change certain
provisions regarding payment of use tax with respect to certain tangible
personal property; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Code
Section 48-8-63 of the Official Code of Georgia Annotated, relating to payment
of sales and use tax by contractors, is amended by striking subsection (b) and
inserting in its place a new subsection (b) to read as follows:
"(b)(1)
Except as otherwise provided in paragraph (2) of this subsection,
each
Each
person who contracts to perform services in this state and who is furnished
tangible personal property for use under the contract by the person, or such
persońs
agent or representative, for whom the contract is to be performed, when a sales
or use tax has not been paid to this state by the person supplying the tangible
personal property, shall be deemed to be the consumer of the tangible personal
property so used and shall pay a use tax based on the fair market value of the
tangible personal property so used irrespective of whether any right, title, or
interest in the tangible personal property becomes vested in the
contractors.
(2)
No use tax shall be required under paragraph (1) of this subsection with respect
to tangible personal property purchased by a government or bona fide department
thereof which is exempt therefrom under paragraph (1) of Code Section 48-8-3,
which property is furnished to a contractor for incorporation into a
construction, renovation, or repair project conducted pursuant to a contract
with such government or bona fide department
thereof."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.