Title 48, Chapter 11, Section 2
( 48-11-2)
(a) An excise tax, in addition to all other taxes of every kind
imposed by law, is imposed upon the sale, receipt, purchase,
possession, consumption, handling, distribution, or use of cigars
and cigarettes in this state at the following rates: (1) Little cigars weighing not more than three pounds per
thousand: two mills each; (2) All other cigars: 13 percent of the wholesale cost price,
exclusive of any trade, cash, or other discounts or any promotion,
advertising, display, or similar allowances; (3) Cigarettes: 12¢ per pack of 20 cigarettes and a like rate,
pro rata, for other size packages. (b) When the retail selling price is referred to in this chapter as
the basis for computing the tax, it is intended to mean the ordinary
retail selling price of the article to the consumer before adding
the amount of the tax. (c) The taxes imposed by this chapter are levied with respect to the
purchase or use of cigars or cigarettes by the state or any
department, institution, or agency of the state and by the political
subdivisions of the state and their departments, institutions, and
agencies. The taxes imposed by this chapter are not imposed with
respect to cigars or cigarettes purchased exclusively for use by the
patients at the Georgia War Veterans Home and the Georgia War
Veterans Nursing Home. (d) The taxes imposed by this chapter are not levied with respect to
cigars or cigarettes the purchase or use of which this state is
prohibited from taxing under the Constitution or statutes of the
United States. (e) The taxes imposed by this chapter shall be advanced and paid by
the distributor to the commissioner for deposit and distribution as
provided in this chapter upon the first taxable transaction within
the state, whether or not the transaction involves the ultimate
purchaser or consumer. The seller or distributor shall collect the
tax from the purchaser or consumer and the purchaser or consumer
shall pay the tax to the seller or distributor. The seller or
distributor shall be responsible for the collection of the tax and
the payment of the tax to the commissioner. Whenever cigars or
cigarettes are shipped from outside the state to anyone other than a
distributor, the person receiving the cigars or cigarettes shall be
deemed to be a distributor and shall be responsible for the tax on
the cigars or cigarettes and the payment of the tax to the
commissioner. (f) The amount of taxes advanced and paid to the state as provided
in this Code section shall be added to and collected as a part of
the sales price of the cigars or cigarettes sold or distributed. The
amount of the tax shall be stated separately from the price of the
cigars or cigarettes. (g) The cigar and cigarette tax imposed shall be collected only once
upon the same cigarettes, cigars, or little cigars. |