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Official Code of Georgia Annotated

Title 48. REVENUE AND TAXATION · Chapter 8. SALES AND USE TAXES · Article 1. STATE SALES AND USE TAX · Part 2. IMPOSITION, RATE, COLLECTION, AND ASSESSMENT

48-8-75. Purchaser’s immunity from liability for failure to pay correct sales tax under certain circumstances.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

  1. (a)

    A purchaser shall be relieved from liability for penalty for having failed to pay the correct amount of sales or use tax if:#

    1. (1)

      A purchaser’s seller or certified service provider relied on erroneous data provided by this state on tax rates, boundaries, taxing jurisdiction assignments, or in the taxability matrix completed by this state;#

    2. (2)

      A purchaser holding a direct pay permit relied on erroneous data provided by this state on tax rates, boundaries, taxing jurisdiction assignments, or in the taxability matrix completed by this state;#

    3. (3)

      A purchaser relied on erroneous data provided by this state in the taxability matrix completed by this state; or#

    4. (4)

      A purchaser using data bases provided by this state relied on erroneous data provided by this state on tax rates, boundaries, or taxing jurisdiction assignments.#

  2. (b)

    A purchaser shall be relieved from liability for tax and interest for having failed to pay the correct amount of sales or use tax in the circumstances described in subsection (a) of this Code section provided that, with respect to reliance on the taxability matrix completed by this state, such relief is limited to the state’s erroneous classification in the taxability matrix of terms included in the Library of Definitions as “taxable” or “exempt,” “included in sales price,” or “excluded from sales price” or “included in the definition” or “excluded from the definition.”#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Code 1981, § 48-8-75, enacted by Ga. L. 2010, p. 662, § 18/HB 1221; Ga. L. 2014, p. 866, § 48/SB 340.

Code Commission notes

Pursuant to Code Section 28-9-5, in 2012, “in” was inserted following “described” in subsection (b).

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t48-ch7-8-(v37)-2024-pdf.pdf, Volume V37, 2024 edition, pages 885 to 886; merge action: carried; file SHA-256 94ae5e1b204a.