05 HB 487/AP
House
Bill 487 (AS PASSED HOUSE AND SENATE)
By:
Representatives Roberts of the
154th,
McCall of the
30th,
Floyd of the
147th,
Royal of the
171st,
Ray of the
136th,
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 state sales and use tax, so as to clarify the sales and use tax
exemption for a qualified child-caring institution, child-placing agency, or
maternity home; to change the exemption regarding electricity sales for
irrigation of certain crops; 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 state sales and use tax, is amended by striking paragraph (41) of said Code
section and inserting in its place a new paragraph (41) to read as
follows:
"(41)(A)
Sales of tangible personal property and services to
or
by a child-caring institution as defined
in paragraph (1) of Code Section 49-5-3, as amended; a child-placing agency as
defined in paragraph (2) of Code Section 49-5-3, as amended; or a maternity home
as defined in paragraph (14) of Code Section 49-5-3, as amended, when such
institution, agency, or home is engaged primarily in providing child services
and is a nonprofit, tax-exempt organization under Section 501(c)(3) of the
Internal Revenue Code and obtains an exemption determination letter from the
commissioner;
and
(B)
Sales by an institution, agency, or home as described in subparagraph (A) of
this paragraph when:
(i)
The sale results from a specific charitable fund-raising activity;
(ii)
The number of days upon which the fund-raising activity occurs does not exceed
30 in any calendar year;
(iii)
No part of the gross sales or net profits from the sales inures to the benefit
of any private person; and
(iv)
The gross sales or net profits from the sales are used purely for charitable
purposes in providing child
services;".
SECTION
2.
Said
Code section is further amended by striking paragraph (64) and inserting in its
place a new paragraph (64) to read as follows:
"(64)
The sale of electricity
or other
fuel for the operation of an irrigation
system which is used on a farm exclusively for the irrigation of
farm
crops;".
SECTION
3.
This
Act shall become effective on July 1, 2005.
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.