07 LC 18
6084
House
Bill 165
By:
Representatives Scott of the
2nd
and Graves of the
12th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 48-8-49 of the Official Code of Georgia Annotated, relating
to dealers´ sales and use tax returns, so as to change certain provisions
regarding estimated tax liability; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Code
Section 48-8-49 of the Official Code of Georgia Annotated, relating to
dealers´ sales and use tax returns, is amended by revising subsection (b)
as follows:
"(b)(1)
As used in this subsection, the term 'estimated tax liability' means a
dealer´s tax liability, adjusted to account for any subsequent change in
the state sales and use tax rate, based on the dealer´s average monthly
payments for the last fiscal year.
(2)
If the
estimated tax liability of a dealer for any taxable period exceeds $5,000.00,
the
A
dealer shall
not be
required to file a return and remit to the
commissioner
not less
than 50 percent of the
any
estimated tax liability
for the
taxable period on or before the twentieth day of the period. The amount of the
payment of the estimated tax liability shall be credited against the amount to
be due on the return required under subsection (a) of this Code section. This
subsection shall not apply to any dealer unless during the previous fiscal year
the dealer´s monthly payments exceeded $5,000.00 per month for three
consecutive months or more nor shall this subsection apply to any dealer whose
primary business is the sale of motor fuels who is remitting prepaid state tax
under paragraph (2) of subsection (b) of Code Section 48-9-14. No local sales
taxes shall be included in determining any estimated tax
liability."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.