07
LC 18 6092
House
Bill 272
By:
Representatives Lewis of the
15th,
Stephens of the
164th,
Martin of the
47th,
Ralston of the
7th,
Williams of the
4th,
and others
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 sales and use taxes, so as to provide for a phased-in exemption
with respect to state sales and use tax for the sale of natural or artificial
gas, electricity, or any other energy used directly or indirectly in the
manufacture or processing of tangible personal property; to repeal conflicting
laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Code
Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions
from sales and use taxes, is amended by adding a new paragraph to read as
follows:
"(70.1)(A)(i)
The sale of natural or artificial gas, electricity, or any other energy used
directly or indirectly in the production or processing of tangible personal
property as specified in division (ii) of this subparagraph:
(ii)(I)
At the rate of 25 percent of the total sale or use as described in division (i)
of this subparagraph for the calendar year beginning January 1,
2008;
(II)
At the rate of 50 percent of the total sale or use as described in division (i)
of this subparagraph for the calendar year beginning January 1,
2009;
(III)
At the rate of 75 percent of the total sale or use as described in division (i)
of this subparagraph for the calendar year beginning January 1, 2010;
and
(IV)
At the rate of 100 percent of the total sale or use as described in division (i)
of this subparagraph for the calendar year beginning January 1, 2011, and for
each calendar year thereafter.
(B)
For the purposes of this paragraph, the term 'local sales and use tax' shall
mean any sales tax, use tax, or local sales and use tax which is levied and
imposed in an area consisting of less than the entire state, however authorized,
including, but not limited to, such taxes authorized by or pursuant to
constitutional amendment; by or pursuant to Section 25 of an Act approved March
10, 1965 (Ga. L. 1965, p. 2243), as amended, the 'Metropolitan Atlanta Rapid
Transit Authority Act of 1965'; by or pursuant to Article 2, 2A, 3, or 4 of this
chapter.
(C)
The exemption provided for in subparagraph (A) of this paragraph shall not apply
to any local sales and use tax levied or imposed at any time.
(D)
The commissioner shall adopt rules and regulations to carry out the provisions
of this paragraph;".
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.