09 LC 18
7666
House
Bill 347
By:
Representatives England of the
108th,
Roberts of the
154th,
May of the
111th,
Knight of the
126th,
Shaw of the
176th,
and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 48-8-2 of the Official Code of Georgia Annotated, relating to
definitions regarding sales and use taxes, so as to change the definition of
sales price for purposes of such tax; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Code
Section 48-8-2 of the Official Code of Georgia Annotated, relating to
definitions regarding sales and use taxes, is amended by revising paragraph (9)
as follows:
"(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;
or
(iv)
An amount for the reimbursement of ad valorem taxes on leased equipment that are
paid by the lessor but charged to the lessee. Such amount shall not be deemed
to be part of the total gross lease or rental proceeds upon which sales and use
tax would be due and
payable."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.