07 HB413/SCSFA/1
SENATE
SUBSTITUTE TO HB 413
AS
PASSED SENATE
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
sales and use tax exemptions, so as to provide for an exemption for a limited
period of time with respect to sales of personal property to or used in the
construction or expansion of a nature center or performing arts amphitheater
facility owned or operated by an organization that is exempt from taxation under
Section 501(c)(3) of the Internal Revenue Code and the construction or expansion
of certain tourist attraction facilities; to provide for conditions and
limitations; to provide for related matters; 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 sales and
use tax exemptions, is amended by replacing "; or" with a semicolon at the end
of paragraph (84), replacing the period at the end of paragraph (85) with ";
or", and by adding a new paragraph to read as follows:
"(86)(A)
Notwithstanding any provision of Code Section 48-8-63 to the contrary, from the
period commencing on April 1, 2007, and ending on June 30, 2009, sales of
tangible personal property to, or used in the construction or expansion
of:
(i)
A nature center owned or operated by an organization which is exempt from
taxation under Section 501(c)(3) of the Internal Revenue Code if:
(I)
Such nature center is constructed on or after the effective date of this
paragraph;
(II)
Such nature center is located on a parcel of at least 120 acres but not more
than 150 acres; and
(III)
The aggregate construction costs of such nature center is $8 million or
more;
(ii)
Any tourist attraction facility constructed on or after the effective date of
this paragraph dedicated to representing history through sculpture and art which
costs in excess of $8 million to construct, is greater than 10,000 square feet,
and is owned and operated by a nonprofit organization; or
(iii)
A performing arts amphitheater facility owned or operated by an organization
which is exempt from taxation under Section 501(c)(3) of the Internal Revenue
Code; is constructed after the effective date of this paragraph; has costs in
excess of $30 million; has more than 60,000 square feet of space; and has
associated facilities, including, but not limited to, parking.
(B)
The total amount of the exemption allowed under division (i) of subparagraph (A)
of this paragraph shall not exceed $350,000.00 in the aggregate.
(C)
Any person making a sale of tangible personal property for a purpose specified
in this paragraph shall collect the tax imposed on the sale unless the purchaser
provides an exemption determination letter issued by the commissioner certifying
that the purchaser is entitled to purchase the tangible personal property
without paying the tax."
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.