Bill Text: GA HB360 | 2009-2010 | Regular Session | Introduced

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Bill Title: Sales and use tax; credit card issuers; certain gas or fuel sales; authorize refunds

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2009-02-11 - House Second Readers [HB360 Detail]

Download: Georgia-2009-HB360-Introduced.html

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09 LC 18 7792ER

House Bill 360

By: Representative Stephens of the 164th

A BILL TO BE ENTITLED
AN ACT

To amend Part 2 of Article 1 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, collection, and assessment of sales and use taxes, so as to authorize refunds to credit card issuers for certain gasoline or fuel sales to tax-exempt entities; to provide for procedures, conditions, and limitations; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Part 2 of Article 1 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, collection, and assessment of sales and use taxes, is amended by adding a new Code section to read as follows:

"48-8-68.

(a) As used in this Code section, the term 'credit card issuer' means the party that extends credit to the qualified tax-exempt entity that purchased gasoline or diesel fuel.

(b) In the event that a sale of gasoline or diesel fuel is made to a qualified tax-exempt entity in accordance with Code Section 48-8-3 or other applicable code in the State of Georgia, and such sale is made with the use of a credit card, then the credit card issuer may invoice such qualified tax-exempt entity the net amount of the applicable taxes and obtain a refund for the taxes paid on such purchases.

(c) In order to claim a refund for such tax-exempt sales, the credit card issuer shall have paid the merchant or retail location that made the sales in full with all applicable taxes included."

SECTION 2.

All laws and parts of laws in conflict with this Act are repealed.