Title 48, Chapter 13, Section 10
( 48-13-10)
(a) In determining the amount of occupation tax to be levied on an
individual business or practitioner, local governments shall
classify all businesses or practitioners by the same criterion or
combination of criteria. To assure uniformity, each and every
business and practitioner shall be classified by the same criterion
or combination of criteria. The criteria used for classification
shall be one or more than one of the following criteria: (1) The number of employees of the business or practitioner as
computed on a full-time position basis or full-time position
equivalent basis, provided that for the purposes of this
computation an employee who works 40 hours or more weekly shall be
considered a full-time employee and that the average weekly hours
of employees who work less than 40 hours weekly shall be added and
such sum shall be divided by 40 to produce full-time position
equivalents; (2) Profitability ratio for the type of business, profession, or
occupation as measured by nation-wide averages derived from
statistics, classifications, or other information published by the
United States Office of Management and Budget, the United States
Internal Revenue Service, or successor agencies of the United
States; (3) Gross receipts of the business or practitioner in combination
with the profitability ratio for the type of business, profession,
or occupation as measured by nation-wide averages derived from
statistics, classifications, or other information published by the
United States Office of Management and Budget, the United States
Internal Revenue Service, or successor agencies of the United
States; or (4) A flat fee classification which is applied uniformly to all
businesses and practitioners of professions and occupations, so
that each business or practitioner pays the same amount of tax for
each office or location. (b) Local governments which classify businesses and practitioners by
the criterion described in paragraph (3) of subsection (a) of this
Code section are authorized but not required to limit the geographic
area in which gross receipts shall be taxed to that local
government's jurisdiction. (c) Local governments which classify by the criteria described in
paragraph (2) or (3) of subsection (a) of this Code section shall
rank the businesses and practitioners according to the profitability
ratio described in paragraph (2) of subsection (a) of this Code
section. After such ranking, the local government shall establish
profitability classifications which do not overlap before setting
one or more rates of taxation for each classification. Such local
governments are not authorized to apply to any classification a rate
of taxation greater than the rate applied to another classification
which includes a business or practitioner with a higher
profitability ratio, except that local governments are authorized
but not required to apply different rates of taxation within the
same profitability classification by dollar range of gross receipts.
Local governments using such different rates of taxation within the
same profitability classification shall use the same dollar ranges
of gross receipts for each profitability classification and shall
not apply to any business or practitioner a rate of taxation greater
than the rate applied to the same dollar range of gross receipts in
another classification which includes a business or practitioner
with a higher profitability ratio. (d) Local governments which classify by the criterion described in
paragraph (1) of subsection (a) of this Code section are authorized
but not required to adopt more than one rate of taxation per
employee. (e) The occupation tax may include an administrative fee. (f)(1) Notwithstanding any other provision of this article, local
governments may by ordinance or resolution provide for an
exemption or reduction in occupation tax or a credit against
occupation tax owed to one or more types of businesses or
practitioners of occupations or professions as part of a plan for
economic development or attracting, encouraging, or maintaining
selected types of businesses or practitioners of selected
occupations or professions. Such exemptions or reductions in
occupation tax shall not be arbitrary or capricious. (2) Exemptions or reductions in occupation tax pursuant to
paragraph (1) of this subsection may include but shall not be
limited to the following: (A) Absolute dollar amount limitations on the total amount of
tax, either by criterion or combination of criteria used for
classification or for businesses and practitioners, provided
that a jurisdiction which provides an absolute dollar amount
limitation on the total amount of tax shall levy and collect
such maximum tax only once on each business entity or
practitioner even if a business or practitioner has more than
one office or location within the jurisdiction; (B) Tax credits for the retention or creation of jobs, or for
jobs of a specific description, including but not limited to
entry level jobs or jobs with compensation of a specified range; (C) Tax credits for other taxes paid to the local government,
including but not limited to ad valorem taxes; (D) A tax exemption or a lower rate of taxation for sales to
customers outside the jurisdiction of the local government; (E) A credit or rebate to businesses or practitioners who paid
occupation taxes in the previous year; (F) A limitation on the dollar or percentage amount of increase
in tax from a base year to a subsequent year, provided that the
limitation is made applicable to new businesses or practitioners
by imputing the gross receipts, profitability ratio, or number
of employees of the subsequent year to the base year in
calculating tax for the base year, tax for the subsequent year,
and the increase in tax; and (G) A credit or reduction as an adjustment for seasonal
fluctuations in the number of employees, other fluctuations in
the number of employees, increases or decreases in the number of
employees, or temporary employees. (g) Practitioners of professions and occupations who are listed in paragraphs (1) through (18) of subsection (c) of Code Section 48-13-9 shall elect as their entire occupation tax one of the following: (1) The occupation tax resulting from application of the other
provisions of this article; or (2) A fee to be set by the local government, not to exceed $400.00
per practitioner who is licensed to provide the service, such tax
to be paid at that practitioner's office or location; provided,
however, that a practitioner paying according to this paragraph
shall not be required to provide information to the local
government relating to the gross receipts of the business or
practitioner. (h) Notwithstanding any other provision in this article, any local
government levying an occupation tax is authorized to request
payment of such occupation tax from and accept payment from a
partnership, corporation, or other business entity composed of
practitioners subject to the election set out in subsection (g) of
this Code section for each such practitioner. |