08 LC
18 7571TS
The
Senate Finance Committee offered the following substitute to HB
931:
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 an exemption for a
limited period of time with respect to sales of certain tangible personal
property used in direct connection with the construction of a performing arts
amphitheater facility; to provide for a definition; to provide for procedures,
conditions, and limitations; 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 sales and use taxes, is amended by deleting "or" at the end of paragraph
(85), by replacing the period at the end of paragraph (86) with "; or", and by
adding a new paragraph to read as follows:
"(87)(A)
Notwithstanding any provision of Code Section 48-8-63 to the contrary, from July
1, 2007, until June 30, 2008, sales of tangible personal property to, or used in
direct connection with the construction of, a performing arts amphitheater
facility.
(B)
As used in this paragraph, the term 'performing arts amphitheater facility'
means 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.
(C)
Any person making a sale of tangible personal property for the purpose specified
in this paragraph shall collect the tax imposed on this sale unless the
purchaser furnishes such person with an exemption determination letter issued by
the commissioner certifying that the purchaser is entitled to purchase the
tangible personal property without paying the tax.
(D)
Any refund of sales and use tax granted pursuant to this paragraph for the
period commencing July 1, 2007, until the effective date of this paragraph shall
not include interest under Code Section 48-2-35."
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laws and parts of laws in conflict with this Act are repealed.