05 LC 9 1621
House
Bill 541
By:
Representatives Graves of the
137th,
Royal of the
171st,
and O`Neal of the
146th
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 clarify the sales and use tax
exemption for a qualified child-caring institution, child-placing agency, or
maternity home; 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 paragraph (41) of said Code
section and inserting in its place a new paragraph (41) to read as
follows:
"(41)(A)
Sales of tangible personal property and services to
or
by a child-caring institution as defined
in paragraph (1) of Code Section 49-5-3, as amended; a child-placing agency as
defined in paragraph (2) of Code Section 49-5-3, as amended; or a maternity home
as defined in paragraph (14) of Code Section 49-5-3, as amended, when such
institution, agency, or home is engaged primarily in providing child services
and is a nonprofit, tax-exempt organization under Section 501(c)(3) of the
Internal Revenue Code and obtains an exemption determination letter from the
commissioner;
and
(B)
Sales by an institution, agency, or home as described in subparagraph (A) of
this paragraph when:
(i)
The sale results from a specific charitable fund-raising activity;
(ii)
The number of days upon which the fund-raising activity occurs does not exceed
30 in any calendar year;
(iii)
No part of the gross sales or net profits from the sales inures to the benefit
of any private person; and
(iv)
The gross sales or net profits from the sales are used purely for charitable
purposes in providing child
services;".
SECTION
2.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.