| 1 | 1 | | 25 LC 47 3532 |
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| 2 | 2 | | House Bill 731 |
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| 3 | 3 | | By: Representatives Ballinger of the 23 |
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| 4 | 4 | | rd |
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| 5 | 5 | | , Ridley of the 22 |
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| 6 | 6 | | nd |
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| 7 | 7 | | , Byrd of the 20 |
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| 8 | 8 | | th |
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| 9 | 9 | | , Thomas of the |
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| 10 | 10 | | 21 |
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| 11 | 11 | | st |
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| 12 | 12 | | , Scoggins of the 14 |
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| 13 | 13 | | th |
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| 14 | 14 | | , and others |
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| 15 | 15 | | A BILL TO BE ENTITLED |
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| 16 | 16 | | AN ACT |
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| 17 | 17 | | To amend Article 2A of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, |
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| 18 | 18 | | 1 |
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| 19 | 19 | | relating to homestead option sales and use tax, so as to provide for an alternative homestead2 |
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| 20 | 20 | | option sales tax; to provide for a distribution of the proceeds from the levy of an alternative3 |
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| 21 | 21 | | homestead option sales and use tax; to provide for the levy of a special purpose local option4 |
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| 22 | 22 | | sales and use tax in certain counties; to provide for a referendum; to provide for procedures,5 |
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| 23 | 23 | | conditions, and limitations; to provide for a short title; to provide for definitions; to provide6 |
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| 24 | 24 | | for related matters; to provide for related matters; to repeal conflicting laws; and for other7 |
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| 25 | 25 | | purposes.8 |
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| 26 | 26 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:9 |
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| 27 | 27 | | SECTION 1.10 |
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| 28 | 28 | | Article 2A of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to11 |
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| 29 | 29 | | homestead option sales and use tax, is amended by adding a new part to read as follows:12 |
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| 30 | 30 | | H. B. 731 |
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| 31 | 31 | | - 1 - 25 LC 47 3532 |
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| 32 | 32 | | "Part 413 |
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| 33 | 33 | | 48-8-109.25.14 |
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| 34 | 34 | | (a) This part shall be known and may be cited as the 'Alternative Homestead Option Sales15 |
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| 35 | 35 | | and Use Tax Act of 2025.'16 |
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| 36 | 36 | | (b) As used in this part, the term:17 |
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| 37 | 37 | | (1) 'Existing municipality' means a municipality created prior to January 1, 2026, lying18 |
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| 38 | 38 | | wholly within or partially within a county.19 |
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| 39 | 39 | | (2) 'Homestead' means homestead as defined and qualified in Code Section 48-5-40, with20 |
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| 40 | 40 | | the additional qualification that it shall include only the primary residence and not more21 |
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| 41 | 41 | | than five contiguous acres of land immediately surrounding such residence.22 |
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| 42 | 42 | | (3) 'Qualified municipality' means a municipality created on or after January 1, 2026,23 |
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| 43 | 43 | | lying wholly within or partially within a county.24 |
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| 44 | 44 | | (c) It is the intent of the General Assembly that the proceeds of the alternative homestead25 |
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| 45 | 45 | | option sales and use tax be distributed equitably to the counties and qualified municipalities26 |
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| 46 | 46 | | such that the residents of a new incorporated municipality will continue to receive a benefit27 |
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| 47 | 47 | | from that tax substantially equal to the benefit they would have received if the area covered28 |
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| 48 | 48 | | by the municipality had not incorporated. The provisions of this part shall be liberally29 |
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| 49 | 49 | | construed to effectuate such intent.30 |
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| 50 | 50 | | 48-8-109.26.31 |
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| 51 | 51 | | (a) Pursuant to the authority granted by Article IX, Section II, Paragraph VI of the32 |
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| 52 | 52 | | Constitution of this state, there are created within this state 159 special districts. The33 |
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| 53 | 53 | | geographical boundary of each county shall correspond with and shall be conterminous34 |
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| 54 | 54 | | with the geographical boundary of one of the 159 special districts.35 |
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| 55 | 55 | | (b)(1) When the imposition of a local sales and use tax is authorized according to the36 |
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| 56 | 56 | | procedures provided in this part within a special district, the county whose geographical37 |
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| 57 | 57 | | H. B. 731 |
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| 58 | 58 | | - 2 - 25 LC 47 3532 |
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| 59 | 59 | | boundary is conterminous with that of the special district shall levy a local sales and use38 |
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| 60 | 60 | | tax at the rate of 1 percent, except as provided in paragraph (2) of this subsection. Except39 |
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| 61 | 61 | | as to rate, the local sales and use tax shall correspond to the tax imposed and administered40 |
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| 62 | 62 | | by Article 1 of this chapter. No item or transaction which is not subject to taxation by41 |
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| 63 | 63 | | Article 1 of this chapter shall be subject to the sales and use tax levied pursuant to this42 |
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| 64 | 64 | | part, except that the sales and use tax provided in this part shall be applicable to sales of43 |
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| 65 | 65 | | motor fuels as prepaid local tax as such term is defined in Code Section 48-8-2 and shall44 |
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| 66 | 66 | | be applicable to the sale of food and food ingredients and alcoholic beverages only to the45 |
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| 67 | 67 | | extent provided for in paragraph (57) of Code Section 48-8-3.46 |
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| 68 | 68 | | (2) Such sales and use tax levied on sales of motor fuels as defined in Code47 |
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| 69 | 69 | | Section 48-9-2 shall be at the rate of 1 percent of the retail sales price of the motor fuel48 |
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| 70 | 70 | | which is not more than $3.00 per gallon.49 |
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| 71 | 71 | | (c) The proceeds of the sales and use tax levied and collected under this part shall be used50 |
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| 72 | 72 | | only for the purposes of funding capital outlay projects and of funding services within a51 |
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| 73 | 73 | | special district equal to the revenue lost to the homestead exemption as provided in Code52 |
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| 74 | 74 | | Section 48-8-109.27 and, in the event excess funds remain following the expenditure for53 |
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| 75 | 75 | | such purposes, such excess funds shall be expended as provided in subparagraph (c)(2)(C)54 |
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| 76 | 76 | | of Code Section 48-8-109.27.55 |
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| 77 | 77 | | (d)(1) Such sales and use tax shall only be levied in a special district following the56 |
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| 78 | 78 | | enactment of a local Act which provides for a homestead exemption of an amount to be57 |
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| 79 | 79 | | determined from the amount of sales and use tax collected under this part. Such58 |
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| 80 | 80 | | exemption shall commence with taxable years beginning on or after January 1 of the year59 |
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| 81 | 81 | | immediately following the first complete calendar year in which the sales and use tax60 |
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| 82 | 82 | | under this part is levied. Any such local Act shall incorporate by reference the terms and61 |
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| 83 | 83 | | conditions specified under this part. Any such local Act shall not be subject to the62 |
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| 84 | 84 | | provisions of Code Section 1-3-4.1. Any such homestead exemption under this part shall63 |
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| 85 | 85 | | be in addition to and not in lieu of any other homestead exemption applicable to county64 |
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| 86 | 86 | | H. B. 731 |
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| 87 | 87 | | - 3 - 25 LC 47 3532 |
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| 88 | 88 | | taxes for county purposes within the special district. Notwithstanding any provision of65 |
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| 89 | 89 | | such local Act to the contrary, the referendum which shall otherwise be required to be66 |
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| 90 | 90 | | conducted under such local Act shall only be conducted if the resolution required under67 |
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| 91 | 91 | | this part is adopted prior to the issuance of the call for the referendum under the local Act68 |
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| 92 | 92 | | by the election superintendent. If such ordinance is not adopted by that date, the69 |
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| 93 | 93 | | referendum otherwise required to be conducted under the local Act shall not be70 |
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| 94 | 94 | | conducted.71 |
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| 95 | 95 | | (2) Such sales and use tax and the associated homestead exemption shall terminate ten72 |
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| 96 | 96 | | years after the date such sales and use tax is first collected; provided, however, that73 |
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| 97 | 97 | | nothing in this subsection shall prevent subsequent sales and use taxes or homestead74 |
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| 98 | 98 | | exemptions from being adopted pursuant to this part in the same manner as provided in75 |
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| 99 | 99 | | this part for the initial adoption of such sales and use tax and homestead exemption.76 |
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| 100 | 100 | | (3) No sales and use tax shall be levied in a special district under this part in which a tax77 |
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| 101 | 101 | | is levied and collected under Article 2 of this chapter.78 |
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| 102 | 102 | | (e) Whenever the governing authority of any county whose geographical boundary is79 |
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| 103 | 103 | | conterminous with that of the special district wishes to submit to the electors of the special80 |
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| 104 | 104 | | district the question of whether the sales and use tax authorized by this part shall be81 |
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| 105 | 105 | | imposed, any such governing authority shall notify the election superintendent of the82 |
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| 106 | 106 | | county whose geographical boundary is conterminous with that of the special district by83 |
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| 107 | 107 | | forwarding to the superintendent a copy of a resolution of the governing authority calling84 |
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| 108 | 108 | | for a referendum election. Upon receipt of the resolution, it shall be the duty of the election85 |
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| 109 | 109 | | superintendent to issue the call for an election for the purpose of submitting the question86 |
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| 110 | 110 | | of the imposition of the sales and use tax to the voters of the special district for approval87 |
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| 111 | 111 | | or rejection. The election superintendent shall issue the call and shall conduct the election88 |
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| 112 | 112 | | on a date and in the manner authorized under Code Section 21-2-540. Such election shall89 |
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| 113 | 113 | | only be conducted on the date of and in conjunction with a referendum provided for by90 |
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| 114 | 114 | | local Act on the question of whether to impose a homestead exemption within such county91 |
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| 115 | 115 | | H. B. 731 |
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| 116 | 116 | | - 4 - 25 LC 47 3532 |
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| 117 | 117 | | and based on the amount of proceeds from the sales and use tax levied and collected92 |
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| 118 | 118 | | pursuant to this part. The election superintendent shall cause the date and purpose of the93 |
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| 119 | 119 | | election to be published once a week for two weeks immediately preceding the date of the94 |
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| 120 | 120 | | election in the official organ of such county. The ballot shall have written or printed95 |
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| 121 | 121 | | thereon the following statement which shall precede the ballot question specified in this96 |
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| 122 | 122 | | subsection and the ballot question specified by the required local Act:97 |
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| 123 | 123 | | 'NOTICE TO ELECTORS: Unless BOTH the alternative homestead exemption AND98 |
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| 124 | 124 | | the retail homestead option sales and use tax are approved, then neither the exemption nor99 |
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| 125 | 125 | | the sales and use tax shall become effective.'100 |
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| 126 | 126 | | Such statement shall be followed by the following:101 |
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| 127 | 127 | | '( ) YES102 |
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| 128 | 128 | | 103 |
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| 129 | 129 | | ( ) NO104 |
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| 130 | 130 | | 105 |
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| 131 | 131 | | 106 |
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| 132 | 132 | | 107 |
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| 133 | 133 | | Shall a retail homestead option sales and use tax of 1 percent be levied |
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| 134 | 134 | | within the special district within _____________ County for the |
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| 135 | 135 | | purposes of funding capital outlay projects and of funding services to |
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| 136 | 136 | | replace revenue lost to an additional homestead exemption of up to 100 |
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| 137 | 137 | | percent of the assessed value of homesteads from county taxes for |
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| 138 | 138 | | county purposes?' |
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| 139 | 139 | | Notwithstanding any other provision of law to the contrary, the statement, ballot question,108 |
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| 140 | 140 | | and local Act ballot question referred to in this subsection shall precede any and all other109 |
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| 141 | 141 | | ballot questions calling for the levy or imposition of any other sales and use tax which are110 |
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| 142 | 142 | | to appear on the same ballot.111 |
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| 143 | 143 | | (f) All persons desiring to vote in favor of levying the sales and use tax shall vote 'Yes,'112 |
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| 144 | 144 | | and those persons opposed to levying the tax shall vote 'No.' If more than one-half of the113 |
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| 145 | 145 | | votes cast are in favor of levying the tax and approving the local Act providing such114 |
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| 146 | 146 | | homestead exemption, then the tax shall be levied in accordance with this part; otherwise,115 |
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| 147 | 147 | | the sales and use tax may not be levied, and the question of the imposition of the sales and116 |
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| 148 | 148 | | use tax may not again be submitted to the voters of the special district until after 24 months117 |
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| 149 | 149 | | immediately following the month in which the election was held. It shall be the duty of the118 |
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| 150 | 150 | | H. B. 731 |
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| 151 | 151 | | - 5 - 25 LC 47 3532 |
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| 152 | 152 | | election superintendent to hold and conduct such elections under the same rules and119 |
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| 153 | 153 | | regulations as govern special elections. It shall be the superintendent's further duty to120 |
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| 154 | 154 | | canvass the returns, declare the result of the election, and certify the result to the Secretary121 |
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| 155 | 155 | | of State and to the commissioner. The expense of the election shall be borne by the county122 |
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| 156 | 156 | | whose geographical boundary is conterminous with that of the special district holding the123 |
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| 157 | 157 | | election.124 |
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| 158 | 158 | | (g) If the imposition of the sales and use tax provided in this part is approved in a125 |
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| 159 | 159 | | referendum election as provided by subsections (e) and (f) of this Code section, the126 |
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| 160 | 160 | | governing authority of the county whose geographical boundary is conterminous with that127 |
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| 161 | 161 | | of the special district shall adopt a resolution within 30 days after the certification of the128 |
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| 162 | 162 | | result of the election imposing the sales and use tax authorized by this part on behalf of the129 |
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| 163 | 163 | | county whose geographical boundary is conterminous with that of the special district. The130 |
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| 164 | 164 | | resolution shall be effective on the first day of the next succeeding calendar quarter which131 |
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| 165 | 165 | | begins more than 50 days after the adoption of the resolution. With respect to services132 |
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| 166 | 166 | | which are billed on a regular monthly basis, however, the resolution shall become effective133 |
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| 167 | 167 | | with the first regular billing period coinciding with or following the otherwise effective134 |
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| 168 | 168 | | date of the resolution. A certified copy of the resolution shall be forwarded to the135 |
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| 169 | 169 | | commissioner so that it will be received within five days after its adoption.136 |
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| 170 | 170 | | (h) Within 30 days of the conclusion of a year in which the sale and use tax provided in137 |
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| 171 | 171 | | this part is collected, the county shall post a report in a prominent place on its website138 |
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| 172 | 172 | | detailing how much money was collected in the past year by such sale and use tax, the139 |
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| 173 | 173 | | value of homesteads reduced by such sales and use tax collections, and any other140 |
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| 174 | 174 | | information that may be required by the commissioner in rules adopted pursuant to141 |
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| 175 | 175 | | subsection (d) of Code Section 48-8-109.28. The county shall also deliver a copy of this142 |
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| 176 | 176 | | report to each member of the General Assembly whose district includes any part of the143 |
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| 177 | 177 | | county.144 |
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| 178 | 178 | | H. B. 731 |
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| 179 | 179 | | - 6 - 25 LC 47 3532 |
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| 180 | 180 | | 48-8-109.27.145 |
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| 181 | 181 | | (a) The sales and use tax levied pursuant to this part shall be exclusively administered and146 |
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| 182 | 182 | | collected by the commissioner for the use and benefit of each county whose geographical147 |
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| 183 | 183 | | boundary is conterminous with that of a special district. Such administration and collection148 |
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| 184 | 184 | | shall be accomplished in the same manner and subject to the same applicable provisions,149 |
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| 185 | 185 | | procedures, and penalties provided in Article 1 of this chapter except that the sales and use150 |
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| 186 | 186 | | tax provided in this part shall be applicable to sales of motor fuels as prepaid local tax as151 |
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| 187 | 187 | | such term is defined in Code Section 48-8-2; provided, however, that all moneys collected152 |
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| 188 | 188 | | from each taxpayer by the commissioner shall be applied first to such taxpayer's liability153 |
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| 189 | 189 | | for taxes owed the state. Dealers shall be allowed a percentage of the amount of the sales154 |
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| 190 | 190 | | and use tax due and accounted for and shall be reimbursed in the form of a deduction in155 |
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| 191 | 191 | | submitting, reporting, and paying the amount due if such amount is not delinquent at the156 |
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| 192 | 192 | | time of payment. The deduction shall be at the rate and subject to the requirements157 |
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| 193 | 193 | | specified under subsections (b) through (f) of Code Section 48-8-50.158 |
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| 194 | 194 | | (b) Each sales and use tax return remitting sales and use taxes collected under this part159 |
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| 195 | 195 | | shall separately identify the location of each retail establishment at which any of the sales160 |
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| 196 | 196 | | and use taxes remitted were collected and shall specify the amount of sales and the amount161 |
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| 197 | 197 | | of taxes collected at each establishment for the period covered by the return in order to162 |
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| 198 | 198 | | facilitate the determination by the commissioner that all sales and use taxes imposed by this163 |
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| 199 | 199 | | part are collected and distributed according to situs of sale.164 |
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| 200 | 200 | | (c) The proceeds of the sales and use tax collected by the commissioner in each special165 |
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| 201 | 201 | | district under this part shall be disbursed as soon as practicable after collection as follows:166 |
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| 202 | 202 | | (1) One percent of the amount collected shall be paid into the general fund of the state167 |
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| 203 | 203 | | treasury in order to defray the costs of administration; and168 |
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| 204 | 204 | | (2) Except for the percentage provided in paragraph (1) of this subsection, the remaining169 |
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| 205 | 205 | | proceeds of the sales and use tax shall be distributed to the governing authority of the170 |
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| 206 | 206 | | county whose geographical boundary is conterminous with that of the special district. As171 |
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| 207 | 207 | | H. B. 731 |
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| 208 | 208 | | - 7 - 25 LC 47 3532 |
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| 209 | 209 | | a condition precedent for the authority to levy the sales and use tax or to collect any172 |
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| 210 | 210 | | proceeds from the tax authorized by this part for the year following the first complete173 |
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| 211 | 211 | | calendar year in which it is levied and for all subsequent years except the year following174 |
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| 212 | 212 | | the year in which the year in which the sales and use tax is terminated, the county whose175 |
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| 213 | 213 | | geographical boundary is conterminous with that of the special district shall, except as176 |
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| 214 | 214 | | otherwise provided in subsection (c) of Code Section 48-8-109.26, expend such proceeds177 |
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| 215 | 215 | | as follows:178 |
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| 216 | 216 | | (A) A portion of such proceeds shall be expended for the purpose of funding capital179 |
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| 217 | 217 | | outlay projects as follows:180 |
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| 218 | 218 | | (i) Prior to the beginning of each calendar year, the governing authority of the county181 |
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| 219 | 219 | | whose geographical boundary is conterminous with that of the special district shall182 |
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| 220 | 220 | | establish the capital factor which shall not exceed .250;183 |
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| 221 | 221 | | (ii) Capital outlay projects shall be funded in an amount equal to the product of the184 |
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| 222 | 222 | | capital factor multiplied by the net amount of the sales and use tax proceeds collected185 |
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| 223 | 223 | | under this part during the previous calendar year, and this amount shall be referred to186 |
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| 224 | 224 | | as capital outlay proceeds;187 |
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| 225 | 225 | | (iii) The total portion, if any, to be paid to existing municipalities from the capital188 |
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| 226 | 226 | | outlay proceeds shall be determined as follows:189 |
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| 227 | 227 | | (I) If the sales and use tax provided for in Part 1 of Article 3 of this chapter is190 |
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| 228 | 228 | | currently levied and collected within such county, such portions shall be determined191 |
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| 229 | 229 | | for each existing municipality by applying the percentage used for that192 |
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| 230 | 230 | | municipality's portion of the proceeds of such sales and use tax received by such193 |
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| 231 | 231 | | county from the commissioner in each month to the capital outlay portion of the194 |
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| 232 | 232 | | proceeds of the sales and use tax provided for by this article received from the195 |
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| 233 | 233 | | commissioner in the same month;196 |
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| 234 | 234 | | (II) If a new municipality is incorporated within the county, such newly197 |
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| 235 | 235 | | incorporated municipality shall receive a portion of each month's capital outlay198 |
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| 236 | 236 | | H. B. 731 |
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| 237 | 237 | | - 8 - 25 LC 47 3532 |
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| 238 | 238 | | proceeds that is equal to the population of such municipality within such county as199 |
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| 239 | 239 | | a percentage of the total population of the county, as such populations are200 |
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| 240 | 240 | | determined based upon the most recently published decennial United States Census,201 |
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| 241 | 241 | | and the portion of such capital outlay proceeds received by the county and the202 |
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| 242 | 242 | | existing municipalities shall be reduced in proportion to their populations within203 |
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| 243 | 243 | | such county; or204 |
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| 244 | 244 | | (III) If the sales and use tax provided for in Part 1 of Article 3 of this chapter is not205 |
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| 245 | 245 | | levied or collected within such county, the capital outlay portion of the sales and use206 |
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| 246 | 246 | | tax provided for in this article shall be distributed to the municipalities located207 |
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| 247 | 247 | | wholly or partially within the county based upon the populations of such208 |
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| 248 | 248 | | municipalities that are located within the county as a percentage of the total209 |
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| 249 | 249 | | population of such county, as such populations are determined based upon the most210 |
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| 250 | 250 | | recently published decennial United States Census; and211 |
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| 251 | 251 | | (iv) Capital outlay projects funded by this part undertaken by the county shall be212 |
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| 252 | 252 | | limited to road improvement projects; provided, however, that nothing in this division213 |
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| 253 | 253 | | shall limit the scope of capital outlay projects undertaken by a qualified municipality;214 |
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| 254 | 254 | | and215 |
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| 255 | 255 | | (B) A portion of such proceeds shall be expended for the purpose of funding services216 |
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| 256 | 256 | | within the special district equal to the revenue lost to the homestead exemption as217 |
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| 257 | 257 | | provided in this Code section as follows:218 |
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| 258 | 258 | | (i) Within 30 days of the end of the calendar year, the governing authority of such219 |
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| 259 | 259 | | county shall calculate the homestead factor for that period by multiplying the quantity220 |
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| 260 | 260 | | 1.000 minus the capital factor for that period, and then dividing by the taxes to be221 |
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| 261 | 261 | | levied in the current tax year for county maintenance and operations on only that222 |
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| 262 | 262 | | portion of the county's tax digest levied for maintenance and operations that223 |
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| 263 | 263 | | represents net assessments on qualified homestead property after all other homestead224 |
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| 264 | 264 | | exemptions have been applied, rounding the result to three decimal places;225 |
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| 265 | 265 | | H. B. 731 |
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| 266 | 266 | | - 9 - 25 LC 47 3532 |
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| 267 | 267 | | (ii) If the homestead factor is less than or equal to 1.000, the amount of homestead226 |
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| 268 | 268 | | exemption created for the current tax year under this part on qualified homestead227 |
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| 269 | 269 | | property shall be equal to the product of the homestead factor multiplied times the net228 |
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| 270 | 270 | | assessment of each qualified homestead remaining after all other homestead229 |
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| 271 | 271 | | exemptions have been applied; and230 |
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| 272 | 272 | | (iii) If the homestead factor is greater than 1.000, the homestead exemption created231 |
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| 273 | 273 | | for the current tax year by this part on qualified homestead property shall be equal to232 |
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| 274 | 274 | | the net assessment of each homestead remaining after all other homestead exemptions233 |
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| 275 | 275 | | have been applied; and234 |
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| 276 | 276 | | (C) If any of such proceeds remain following the distribution provided for in235 |
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| 277 | 277 | | subparagraphs (A) and (B) of this paragraph:236 |
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| 278 | 278 | | (i) The millage rate levied for county maintenance and operation purposes shall be237 |
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| 279 | 279 | | rolled back in an amount equal to such excess divided by the net taxable digest for238 |
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| 280 | 280 | | county purposes after deducting all homestead exemptions including the exemption239 |
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| 281 | 281 | | under this part; and240 |
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| 282 | 282 | | (ii) In the event the rollback created by division (i) of this subparagraph exceeds the241 |
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| 283 | 283 | | millage rate for county maintenance and operation purposes, the governing authority242 |
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| 284 | 284 | | of the county whose boundary is conterminous with the special district shall be243 |
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| 285 | 285 | | authorized to expend the surplus funds for funding all or any portion of those services244 |
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| 286 | 286 | | which are to be provided by such governing authorities pursuant to and in accordance245 |
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| 287 | 287 | | with Article IX, Section II, Paragraph III of the Constitution of this state.246 |
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| 288 | 288 | | (d) For illustration purposes, a hypothetical example of the calculation is provided below.247 |
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| 289 | 289 | | First, calculate the homestead factor in accordance with248 |
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| 290 | 290 | | division (c)(2)(B)(i) of this Code section as follows:249 |
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| 291 | 291 | | (A) Capital factor certified by county as required by250 |
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| 292 | 292 | | subsection (c) of this Code section251 |
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| 293 | 293 | | 0.150 |
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| 294 | 294 | | H. B. 731 |
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| 295 | 295 | | - 10 - 25 LC 47 3532 |
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| 296 | 296 | | (B) Net amount of sales and use tax collected in the252 |
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| 297 | 297 | | special district pursuant to this part for the previous253 |
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| 298 | 298 | | calendar year254 |
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| 299 | 299 | | $ 50 million |
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| 300 | 300 | | (C) Taxes levied for county purposes on only that portion255 |
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| 301 | 301 | | of the county tax digest that represents net assessments on256 |
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| 302 | 302 | | qualified homestead property after all other homestead257 |
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| 303 | 303 | | exemptions have been applied258 |
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| 304 | 304 | | $100 million |
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| 305 | 305 | | (D) Calculation of homestead factor using figures above259 |
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| 306 | 306 | | = [(1-.0150)($50 million/$100 million)]260 |
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| 307 | 307 | | .425 |
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| 308 | 308 | | 48-8-109.28.261 |
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| 309 | 309 | | (a) Where a local sales or use tax has been paid with respect to tangible personal property262 |
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| 310 | 310 | | by the purchaser either in another local tax jurisdiction within this state or in a tax263 |
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| 311 | 311 | | jurisdiction outside this state, the sales and use tax may be credited against the sales and264 |
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| 312 | 312 | | use tax authorized to be imposed by this part upon the same property. If the amount of265 |
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| 313 | 313 | | sales or use tax so paid is less than the amount of the use tax due under this part, the266 |
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| 314 | 314 | | purchaser shall pay an amount equal to the difference between the amount paid in the other267 |
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| 315 | 315 | | tax jurisdiction and the amount due under this part. The commissioner may require such268 |
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| 316 | 316 | | proof of payment in another local tax jurisdiction as the commissioner deems necessary and269 |
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| 317 | 317 | | proper. No credit shall be granted, however, against the sales and use tax imposed under270 |
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| 318 | 318 | | this part for tax paid in another jurisdiction if the sales and use tax paid in such other271 |
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| 319 | 319 | | jurisdiction is used to obtain a credit against any other local sales and use tax levied in the272 |
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| 320 | 320 | | special district or in the county which is conterminous with the special district; and sales273 |
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| 321 | 321 | | and use taxes so paid in another jurisdiction shall be credited first against the sales and use274 |
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| 322 | 322 | | tax levied under this part and then against the sales and use tax levied under Article 3 of275 |
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| 323 | 323 | | this chapter, if applicable.276 |
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| 324 | 324 | | H. B. 731 |
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| 325 | 325 | | - 11 - 25 LC 47 3532 |
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| 326 | 326 | | (b) No sales and use tax provided for in Code Section 48-8-109.26 shall be imposed upon277 |
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| 327 | 327 | | the sale of tangible personal property which is ordered by and delivered to the purchaser278 |
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| 328 | 328 | | at a point outside the geographical area of the special district in which the sales and use tax279 |
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| 329 | 329 | | is imposed under this part regardless of the point at which title passes, if the delivery is280 |
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| 330 | 330 | | made by the seller's vehicle, United States mail, or common carrier or by private or contract281 |
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| 331 | 331 | | carrier licensed by the Federal Motor Carrier Safety Administration or the Georgia282 |
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| 332 | 332 | | Department of Public Safety.283 |
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| 333 | 333 | | (c)(1) As used in this subsection, the term 'building and construction materials' means284 |
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| 334 | 334 | | all building and construction materials, supplies, fixtures, or equipment, any combination285 |
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| 335 | 335 | | of such items, and any other leased or purchased articles when the materials, supplies,286 |
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| 336 | 336 | | fixtures, equipment, or articles are to be utilized or consumed during construction or are287 |
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| 337 | 337 | | to be incorporated into construction work pursuant to a bona fide written construction288 |
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| 338 | 338 | | contract.289 |
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| 339 | 339 | | (2) No sales and use tax provided for in Code Section 48-8-109.26 shall be imposed in290 |
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| 340 | 340 | | a special district upon the sale or use of building and construction materials when the291 |
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| 341 | 341 | | contract pursuant to which the materials are purchased or used was advertised for bid292 |
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| 342 | 342 | | prior to approval of the levy of the sales and use tax by the county whose geographical293 |
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| 343 | 343 | | boundary is conterminous with that of the special district and the contract was entered294 |
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| 344 | 344 | | into as a result of a bid actually submitted in response to the advertisement prior to295 |
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| 345 | 345 | | approval of the levy of the sales and use tax.296 |
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| 346 | 346 | | (d) The commissioner shall have the power and authority to promulgate such rules and297 |
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| 347 | 347 | | regulations as shall be necessary for the effective and efficient administration and298 |
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| 348 | 348 | | enforcement of the collection of the sales and use tax authorized to be imposed by this299 |
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| 349 | 349 | | part."300 |
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| 350 | 350 | | SECTION 2.301 |
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| 351 | 351 | | All laws and parts of laws in conflict with this Act are repealed.302 |
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| 352 | 352 | | H. B. 731 |
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| 353 | 353 | | - 12 - |
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