Title 48, Chapter 5, Section 16
( 48-5-16)
(a) Any person who conducts a business enterprise upon real
property, which is not taxable in the county in which the person
resides or in which the person's office is located, shall return for
taxation the tangible personal property of the business enterprise
to the tax commissioner or tax receiver of the county in which is
taxable the real property upon which the business enterprise is
located or conducted. (b) When the agent in this state of any person who is a resident of another state has on hand and for sale, storage, or otherwise merchandise or other tangible property, he shall return the property for taxation as provided in Code Section 48-5-12. (c) This Code section shall not apply to public utilities and other
companies required to make returns of their properties and
franchises to the commissioner under Articles 9, 11, and 12 of this
chapter. (d)(1) As used in this subsection, the term: (A) "Boat" means every description of watercraft used or capable
of being used as a means of transportation on the water. (B) "Functionally located" means located in a county in this
state for 184 days or more during the immediately preceding
calendar year. The 184 days or more requirement of this
subsection shall mean the cumulative total number of days during
such calendar year, which days may, but shall not be required to
be, consecutive. (2) Any person who owns tangible personal property in the form of a boat which is functionally located for recreational or convenience purposes in a county in this state other than the county in which such person maintains a permanent legal residence shall return such property for taxation to the tax commissioner or tax receiver of the county in which such property is functionally located. Tangible personal property of a person which does not meet the 184 days or more requirement provided for in this subsection shall be returned for taxation in the manner provided for in Code Section 48-5-11. (e)(1) As used in this subsection, the term: (A) "Aircraft" means any contrivance used or designed for
navigation through the air; provided, however, that such term
does not include commercial airliners. (B) "Primary home base" means an airport where an aircraft is
principally hangared or tied down and out of which its flights
normally originate. (2) Any person who owns tangible personal property in the form of an aircraft which has its primary home base in a county in this state other than the county in which such person maintains a permanent legal residence shall return such property for taxation to the tax commissioner or tax receiver of the county in which such primary home base is located. Such aircraft which does not have a primary home base in a county of this state other than the county in which the owner maintains a permanent legal residence shall be returned for taxation in the manner provided for in Code Section 48-5-11. |