Title 40, Chapter 2, Section 23
( 40-2-23)
(a) The tax collectors of the various counties of this state and the
tax commissioners of those counties in which the duties of the tax
collector are performed by a tax commissioner shall be designated as
tag agents of the commissioner for the purpose of accepting
applications for the registration of vehicles. The commissioner is
authorized to promulgate rules and regulations for the purpose of
delegating to such tag agents the custodial responsibility for
properly receiving, processing, issuing, and storing motor vehicle
titles or registrations, or both. (b) The state revenue commissioner is authorized to further
designate each such tag agent as a sales tax agent for the purpose
of collecting sales and use tax with respect to the casual sale or
casual use of a motor vehicle. For purposes of this Code section,
"casual sale" or "casual use" means the sale of a motor vehicle by a
person who is not regularly or systematically engaged in making
retail sales of motor vehicles and the first use, consumption,
distribution, or storage for use or consumption of such motor
vehicle purchased through a casual sale. As personal compensation
for services rendered to the Department of Revenue with respect to
the collection of such sales and use tax, each such designated tag
agent shall be authorized to retain from such collection a fee of
$200.00 per month. In any month in which an insufficient amount of
such tax is collected to pay such fee, the amount of any such unpaid
fee may be deferred until such month as sufficient collections are
made. Such compensation shall be in addition to any other
compensation to which such tax collector or tax commissioner is
entitled. (c) The duties and responsibilities of agents of the commissioner
designated under this Code section shall be a part of the official
duties and responsibilities of the county tax collectors and tax
commissioners. |