The Georgia Department of Revenue issued a policy bulletin clarifying the correct application of sales and use tax to charges for any room, lodging or accommodation in the state.  The bulletin specifically addresses how to appropriately apply tax to charges for rooms, lodging, or accommodations furnished to transients by hotels, inns, tourist camps, tourist cabins,…

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The Georgia Department of Revenue issued a guidance on remote sellers’ impending sales tax obligations beginning January 1, 2019.  Similar to several states, following the Supreme Court’s Wayfair ruling, Georgia has enacted economic nexus provisions applicable to certain remote sellers.  Effective January 1, 2019, certain remote sellers must either remit Georgia sales tax on their…

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Georgia has enacted an exemption, effective July 1, 2018, that applies to 50% of the sales price of manufactured homes. A manufactured home is defined as a home built on a permanent chassis; designed for use as a dwelling; transportable in one or more sections; containing plumbing, heating, air-conditioning, and electrical systems; designed to have…

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Georgia has enacted legislation that amends provisions concerning municipal water and sewer projects and costs taxes.  The amendments become effective on July 1, 2018.  Specifically, a municipality cannot hold proceedings to re-impose the tax more than six times.  Additionally, the tax cannot be re-imposed after being renewed six times.   This is a stark contrast from…

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Georgia has issued a guidance addressing whether a Taxpayer is selling tangible personal property or performing under a real property contract. In addition, the guidance also addresses whether the Taxpayer must collect sales tax on sales for resale. The Taxpayer at issue in the guidance sells custom storage products for both new and preexisting homes.…

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Georgia has enacted a temporary and refundable exemption applying to the purchases of construction materials by qualifying museums. The exemption starts on July 1, 2018 and sunsets on December 31, 2020. This exemption applies to both state and local sales and use taxes. This exemption is refundable and has a cap on state and local…

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The Georgia Department of Revenue has issued a ruling addressing whether software-based online training products to serve as communications tools for organizations are taxable. The Taxpayer addressed in the guidance sells licenses to its online educational courses and online course hosting services on its learning management system. Purchases include a course license or hosting as…

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The Georgia Department of Revenue issued a guidance addressing whether a Taxpayer is required to collect sales tax on adjustable beds or mattresses  when sold to a customer with a prescription from a licensed practitioner. The Taxpayer requesting the advisement is in the business of selling mattresses and specialty bedding. Some of Taxpayer’s sales include…

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Georgia has amended its existing state and local sales and use tax exemption to include purchases of construction and renovation materials by aquariums that are a qualifying §501(c)(3). The exemption is valid until January 1, 2022, or up to a total state sales and use tax refund amount of $4.5 million. Every year by June…

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