Bill Text: GA HB1024 | 2009-2010 | Regular Session | Introduced

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Bill Title: Jobs, Opportunity, and Business Success Refund Act of 2010; enact

Spectrum: Partisan Bill (Republican 6-0)

Status: (Introduced - Dead) 2010-02-02 - House Second Readers [HB1024 Detail]

Download: Georgia-2009-HB1024-Introduced.html

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10 LC 18 8708

House Bill 1024

By: Representatives Scott of the 2nd, Graves of the 12th, Everson of the 106th, Peake of the 137th, Lindsey of the 54th, and others

A BILL TO BE ENTITLED
AN ACT

To enact the Jobs, Opportunity, and Business Success Refund Act of 2010; to amend and enact provisions intended to provide for tax relief and encourage employment opportunities and business stimulation; to amend Title 48 of the Official Code of Georgia Annotated, the "Georgia Public Revenue Code," so as to eliminate the requirement for dealers to make returns and remittances with respect to estimated sales and use tax liability; to provide for other related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

(a) This Act shall be known and may be cited as the "Jobs, Opportunity, and Business Success Refund Act of 2010."
(b) The General Assembly intends through the enactment of this Act to provide for tax relief and encourage employment opportunities and business stimulation.

SECTION 2.

Title 48 of the Official Code of Georgia Annotated, the "Georgia Public Revenue Code," is amended in Code Section 48-8-49, relating to dealers' sales and use tax returns, by revising subsection (b) as follows:

"(b)(1) As used in this subsection, the term 'estimated tax liability' means a dealer's tax liability, adjusted to account for any subsequent change in the state sales and use tax rate, based on the dealer's average monthly payments for the last fiscal year.

(2)(A) If the estimated tax liability of a dealer for any taxable period prior to January 1, 2011, exceeds $5,000.00, the dealer shall file a return and remit to the commissioner not less than 50 percent of the estimated tax liability for the taxable period on or before the twentieth day of the period. The amount of the payment of the estimated tax liability shall be credited against the amount to be due on the return required under subsection (a) of this Code section. This subsection subparagraph shall not apply to any dealer unless during the previous fiscal year the dealer's monthly payments exceeded $5,000.00 per month for three consecutive months or more nor shall this subsection subparagraph apply to any dealer whose primary business is the sale of motor fuels who is remitting prepaid state tax under paragraph (2) of subsection (b) of Code Section 48-9-14. No local sales taxes shall be included in determining any estimated tax liability.

(B) If the estimated tax liability of a dealer for any taxable period on or after January 1, 2011, and prior to January 1, 2012, exceeds $10,000.00, the dealer shall file a return and remit to the commissioner not less than 50 percent of the estimated tax liability for the taxable period on or before the twentieth day of the period. The amount of the payment of the estimated tax liability shall be credited against the amount to be due on the return required under subsection (a) of this Code section. This subparagraph shall not apply to any dealer unless during the previous calendar year the dealer's monthly payments exceeded $10,000.00 per month for three consecutive months or more nor shall this subparagraph apply to any dealer whose primary business is the sale of motor fuels who is remitting prepaid state tax under paragraph (2) of subsection (b) of Code Section 48-9-14. This paragraph shall cease to apply to a dealer if such dealer falls below the threshold specified in this subparagraph. No local sales taxes shall be included in determining any estimated tax liability.

(C) If the estimated tax liability of a dealer for any taxable period on or after January 1, 2012, and prior to January 1, 2013, exceeds $20,000.00, the dealer shall file a return and remit to the commissioner not less than 50 percent of the estimated tax liability for the taxable period on or before the twentieth day of the period. The amount of the payment of the estimated tax liability shall be credited against the amount to be due on the return required under subsection (a) of this Code section. This subparagraph shall not apply to any dealer unless during the previous calendar year the dealer's monthly payments exceeded $20,000.00 per month for three consecutive months or more nor shall this subparagraph apply to any dealer whose primary business is the sale of motor fuels who is remitting prepaid state tax under paragraph (2) of subsection (b) of Code Section 48-9-14. This paragraph shall cease to apply to a dealer if such dealer falls below the threshold specified in this subparagraph. No local sales taxes shall be included in determining any estimated tax liability.

(D) If the estimated tax liability of a dealer for any taxable period on or after January 1, 2013, and prior to January 1, 2014, exceeds $40,000.00, the dealer shall file a return and remit to the commissioner not less than 50 percent of the estimated tax liability for the taxable period on or before the twentieth day of the period. The amount of the payment of the estimated tax liability shall be credited against the amount to be due on the return required under subsection (a) of this Code section. This subparagraph shall not apply to any dealer unless during the previous calendar year the dealer's monthly payments exceeded $40,000.00 per month for three consecutive months or more nor shall this subparagraph apply to any dealer whose primary business is the sale of motor fuels who is remitting prepaid state tax under paragraph (2) of subsection (b) of Code Section 48-9-14. This paragraph shall cease to apply to a dealer if such dealer falls below the threshold specified in this subparagraph. No local sales taxes shall be included in determining any estimated tax liability.

(E) For any taxable period on or after January 1, 2014, a dealer shall not be required to file a return and remit to the commissioner any estimated tax liability and shall be issued a refund check by the commissioner for the amount of any estimated tax liability which has been remitted and has not been credited against the amount due on the dealer's return under subsection (a) of this Code section.

(3) A dealer who in any month does not meet the applicable threshold under subparagraph (A), (B), (C), or (D) of paragraph (2) of this subsection shall be issued a refund check by the commissioner for the amount of any estimated tax liability which has been remitted and has not been credited against the amount due on the dealer's return under subsection (a) of this Code section within 30 days of the determination that such dealer is below such threshold. Prior to or in conjunction with the mailing of such refund check, the commissioner shall mail the dealer the following notice:

'Dear Georgia business owner,

This is a refund of your sales tax deposit, which is returned to you in compliance with the Jobs, Opportunity, and Business Success Refund Act of 2010 (J.O.B.S).

The Georgia State House and State Senate passed and the Governor signed the J.O.B.S. Refund Act (O.C.G.A. 48-8-49) believing that entrepreneurs and business owners, not government, are best equipped to create jobs and sustainable economic growth for Georgia.

We appreciate your efforts to create true economic stimulus for our great state.

Thank you!

Georgia General Assembly'"

SECTION 3.

This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 4.

All laws and parts of laws in conflict with this Act are repealed.