HB54.html

Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxes, is amended by striking Code Section 48-8-2, relating to definitions regarding such taxes, and inserting in its place a new Code Section 48-8-2 to read as follows:
“48-8-2.
As used in this article, the term:
(1) 'Business' means any activity engaged in by any person or caused to be engaged in by any person with the object of direct or indirect gain, benefit, or advantage.
(2) 'Cost price' means the actual cost of articles of tangible personal property without any deductions for the cost of materials used, labor costs, service costs, transportation charges, or any other expenses of any kind.
(3) 'Dealer' means every person who:
(A) Has sold at retail, used, consumed, distributed, or stored for use or consumption in this state tangible personal property and who cannot prove that the tax levied by this article has been paid on the sale at retail or on the use, consumption, distribution, or storage of the tangible personal property;
(B) Imports or causes to be imported tangible personal property from any state or foreign country for sale at retail, or for use, consumption, distribution, or storage for use or consumption in this state;
(C) Is the lessee or renter of tangible personal property and who pays to the owner of the property a consideration for the use or possession of the property without acquiring title to the property;
(D) Leases or rents tangible personal property for a consideration, permitting the use or possession of the property without transferring title to the property;
(E) Maintains or has within this state, indirectly or by a subsidiary, an office, distributing house, salesroom, or house, warehouse, or other place of business;
(F) Manufactures or produces tangible personal property for sale at retail or for use, consumption, distribution, or storage for use or consumption in this state;
(G) Sells at retail, offers for sale at retail, or has in his possession for sale at retail, or for use, consumption, distribution, or storage for use or consumption in this state tangible personal property;
(H) Solicits business by representatives or engages in the regular or systematic solicitation of a consumer market in this state by the distribution of catalogs, periodicals, advertising fliers, or other advertising, or by means of print, radio, or television media, by telegraphy, telephone, computer data base, cable optic, microwave, or other communication system. Each dealer as defined in this subparagraph shall collect the tax imposed by this article from the purchaser, lessee, or renter, as applicable, and no action seeking either legal or equitable relief on a sale, lease, rental, or other transaction may be had in this state by the dealer unless it is affirmatively shown that this article has been fully complied with; or
(I) Notwithstanding any of the provisions contained in this paragraph, with respect to a person that is not a resident or domiciliary of Georgia, that does not engage in any other business or activity in Georgia, and that has contracted with a commercial printer for printing to be conducted in Georgia, such person shall not be deemed a 'dealer' in Georgia merely because such person:
(i) Owns tangible or intangible property which is located at the Georgia premises of a commercial printer for use by such printer in performing services for the owner;
(ii) Makes sales and distributions of printed material produced at and shipped or distributed from the Georgia premises of the commercial printer;
(iii) Performs activities of any kind at the Georgia premises of the commercial printer which are directly related to the services provided by the commercial printer; or
(iv) Has printing, including any printing related activities, and distribution related activities performed by the commercial printer in Georgia for or on its behalf,
nor shall such person, absent any contact with Georgia other than with or through the use of the commercial printer or the use of the U.S. Postal Service or a common carrier, have an obligation to collect sales or use tax from any of its customers located in Georgia based upon the activities described in divisions (i) through (iv) of this subparagraph. In no event described in this subparagraph shall such person be considered to have a fixed place of business in Georgia at either the commercial printer´s premises or at any place where the commercial printer performs services on behalf of that person.
(4) 'Gross sales' means the:
(A) Sum total of all retail sales of tangible personal property or services without any deduction of any kind other than as provided in this article; or
(B) Charges, when applied to sales of telephone service, made for local exchange telephone service, except local messages which are paid for by inserting coins in coin operated telephones, but including the total amount of the guaranteed charge for semipublic coin box telephone services.
(5) 'Lease or rental' means the leasing or renting of tangible personal property and the possession or use of the property by the lessee or renter for a consideration without transfer of the title to the property.
(6) 'Retail sale' or a 'sale at retail' means:
(A) A sale to a consumer or to any person for any purpose other than for resale of tangible personal property or services taxable under this article including, but not limited to, any such transactions which the commissioner upon investigation finds to be in lieu of sales. Sales for resale must be made in strict compliance with the commissioner´s rules and regulations. Any dealer making a sale for resale which is not in strict compliance with the commissioner´s rules and regulations shall himself be liable for and shall pay the tax;
(B)(i) Except as otherwise provided in division (ii) of this subparagraph, the sale of natural or artificial gas, oil, electricity, solid fuel, transportation, local telephone services, beverages, and tobacco products, when made to any purchaser for purposes other than resale.
(ii) The sale of electricity used directly in the manufacture of a product shall not constitute a retail sale for purposes of this article if the direct cost of such electricity exceeds 50 percent of the cost of all materials, including electricity, used directly in the product and shall be exempt from taxation under this article. Such exemption shall be applied to manufacturers located in this state as follows:
(I) For calendar years beginning on or after January 1, 1995, and prior to January 1, 1996, 20 percent of the direct cost of such electricity shall be exempt;
(II) For calendar years beginning on or after January 1, 1996, and prior to January 1, 1997, 40 percent of the direct cost of such electricity shall be exempt;
(III) For calendar years beginning on or after January 1, 1997, and prior to January 1, 1998, 60 percent of the direct cost of such electricity shall be exempt;
(IV) For calendar years beginning on or after January 1, 1998, and prior to January 1, 1999, 80 percent of the direct cost of such electricity shall be exempt; and
(V) For calendar years beginning on or after January 1, 1999, 100 percent of the direct cost of such electricity shall be exempt;
(C) The sale or charges for any room, lodging, or accommodation furnished to transients by any hotel, inn, tourist camp, tourist cabin, or any other place in which rooms, lodgings, or accommodations are regularly furnished to transients for a consideration. This tax shall not apply to rooms, lodgings, or accommodations supplied for a period of 90 continuous days or more;
(D) Sales of tickets, fees, or charges made for admission to, or voluntary contributions made to places of, amusement, sports, or entertainment including, but not limited to:
(i) Billiard and pool rooms;
(ii) Bowling alleys;
(iii) Amusement devices;
(iv) Musical devices;
(v) Theaters;
(vi) Opera houses;
(vii) Moving picture shows;
(viii) Vaudeville;
(ix) Amusement parks;
(x) Athletic contests including, but not limited to, wrestling matches, prize fights, boxing and wrestling exhibitions, football games, and baseball games;
(xi) kating rinks;
(xii) Race tracks;
(xiii) Public bathing places;
(xiv) Public dance halls; and
(xv) Any other place at which any exhibition, display, amusement, or entertainment is offered to the public or any other place where an admission fee is charged;
(E) Reserved;
(F) Charges made for participation in games and amusement activities; or
(G) Sales of tangible personal property to persons for resale when there is a likelihood that the state will lose tax funds due to the difficulty of policing the business operations because:
(i) Of the operation of the business;
(ii) Of the very nature of the business;
(iii) Of the turnover of so-called independent contractors;
(iv) Of the lack of a place of business in which to display a certificate of registration;
(v) Of the lack of a place of business in which to keep records;
(vi) Of the lack of adequate records;
(vii) The persons are minors or transients;
(viii) The persons are engaged in essentially service businesses; or
(ix) Of any other reasonable reason.
The commissioner may promulgate rules and regulations requiring vendors of persons described in this subparagraph to collect the tax imposed by this article on the retail price of the tangible personal property. The commissioner shall refuse to issue certificates of registration and may revoke certificates of registration issued in violation of his rules and regulations.
(7) 'Retailer' means every person making sales at retail or for distribution, use, consumption, or storage for use or consumption in this state.
(8) 'Sale' means any transfer of title or possession, transfer of title and possession, exchange, barter, lease, or rental, conditional or otherwise, in any manner or by any means of any kind of tangible personal property for a consideration and includes, but is not limited to:
(A) The fabrication of tangible personal property for consumers who directly or indirectly furnish the materials used in such fabrication;
(B) The furnishing, repairing, or serving for a consideration of any tangible personal property consumed on the premises of the person furnishing, repairing, or serving the tangible personal property; or
(C) A transaction by which the possession of property is transferred but the seller retains title as security for the payment of the price.
(9)(A) 'Sales price' means the total amount valued in money, whether paid in money or otherwise, for which tangible personal property or services are sold including, but not limited to, any services that are a part of the sale and any amount for which credit is given to the purchaser by the seller without any deduction from the total amount for the cost of the property sold, the cost of materials used, labor or service costs, losses, or any other expenses of any kind.
(B) 'Sales price' does not include:
(i) Cash discounts allowed and taken on sales;
(ii) The amount charged for labor or services rendered in installing, applying, remodeling, or repairing property sold; or
(iii) Finance charges, carrying charges, service charges, or interest from credit extended on sales of tangible personal property under conditional sale contracts or other conditional contracts providing for deferred payments of the purchase price.
(10) 'Storage' means any keeping or retention in this state of tangible personal property for use or consumption in this state or for any purpose other than sale at retail in the regular course of business.
(11) 'Tangible personal property' means personal property which may be seen, weighed, measured, felt, or touched or is in any other manner perceptible to the senses. 'Tangible personal property' does not mean stocks, bonds, notes, insurance, or other obligations or securities.
(12) 'Use' means the exercise of any right or power over tangible personal property incident to the ownership of the property including, but not limited to, the sale at retail of the property in the regular course of business.
(13) 'Use tax' includes the use, consumption, distribution, and storage of tangible personal property as defined in this article.”