Title 48, Chapter 5, Section 48.2
( 48-5-48.2)
(a) As used in this Code section, the term: (1) "Destined for shipment to a final destination outside this
state" includes that portion or percentage of an inventory of
finished goods which the taxpayer can establish, through a
historical sales or shipment analysis, either of which utilizes
information from the preceding calendar year, or other reasonable,
documented method, is reasonably anticipated to be shipped to a
final destination outside this state. Such other reasonable,
documented method may only be utilized in the case of a new
business, in the case of a substantial change in scope of an
existing business, or in other unusual situations where a
historical sales or shipment analysis does not adequately reflect
future anticipated shipments to a final destination outside this
state. It is not necessary that the actual final destination be
known as of January 1 in order to qualify for the exemption. (2) "Finished goods" shall mean goods, wares, and merchandise of
every character and kind but shall not include unrecovered,
unextracted, or unsevered natural resources or raw materials or
goods in the process of manufacture or production or the stock in
trade of a retailer. (3) "Raw materials" shall mean any material, whether crude or
processed, that can be converted by manufacture, processing, or a
combination thereof into a new and useful product but shall not
include unrecovered, unextracted, or unsevered natural resources. (4) "Stock in trade of a retailer" means finished goods held by
one in the business of making sales of such goods at retail in
this state, within the meaning of Chapter 8 of this title, when
such goods are held or stored at a business location from which
such retail sales are regularly made. Goods stored in a warehouse,
dock, or wharf, including a warehouse or distribution center which
is part of or adjoins a place of business from which retail sales
are regularly made, shall not be considered stock in trade of a
retailer to the extent that the taxpayer can establish, through a
historical sales or shipment analysis, either of which utilizes
information from the preceding calendar year, or other reasonable,
documented method, the portion or percentage of such goods which
is reasonably anticipated to be shipped outside this state for
resale purposes. (b) The governing authority of any county or municipality may,
subject to the approval of the electors of such political
subdivision, exempt from ad valorem taxation, including all such
taxes levied for educational purposes and for state purposes, all or
any combination of the following types of tangible personal
property: (1) Inventory of goods in the process of manufacture or production
which shall include all partly finished goods and raw materials
held for direct use or consumption in the ordinary course of the
taxpayer's manufacturing or production business in this state.
The exemption provided for in this paragraph shall apply only to
tangible personal property which is substantially modified,
altered, or changed in the ordinary course of the taxpayer's
manufacturing, processing, or production operations in this state.
For purposes of this paragraph, the cleaning, drying, pest control
treatment, or segregation by grade of grain, peanuts or other oil
seeds, or cotton shall constitute substantial modification in the
course of processing or production operations. For purposes of
this paragraph, remanufacture of aircraft engines or aircraft
engine parts or components shall constitute manufacturing
operations in this state. Remanufacture of aircraft engines or
aircraft engine parts or components means the substantial
overhauling or rebuilding of aircraft engines or aircraft engine
parts or components; (2) Inventory of finished goods manufactured or produced within
this state in the ordinary course of the taxpayer's manufacturing
or production business when held by the original manufacturer or
producer of such finished goods. The exemption provided for in
this paragraph shall be for a period not exceeding 12 months from
the date such property is produced or manufactured; or (3) Inventory of finished goods which, on January 1, are stored in
a warehouse, dock, or wharf, whether public or private, and which
are destined for shipment to a final destination outside this
state and inventory of finished goods which are shipped into this
state from outside this state and stored for transshipment to a
final destination outside this state. The exemption provided for
in this paragraph shall be for a period not exceeding 12 months
from the date such property is stored in this state. Such period
shall be determined based on application of a first-in, first-out
method of accounting for the inventory. The official books and
records of the warehouse, dock, or wharf where such property is
being stored shall contain a full, true, and accurate inventory of
all such property, including the date of the receipt of the
property, the date of the withdrawal of the property, the point of
origin of the property, and the point of final destination of the
same, if known. The official books and records of any such
warehouse, dock, or wharf, whether public or private, pertaining
to any such property for which a freeport exemption has been
claimed shall be at all times open to the inspection of all taxing
authorities of this state and of any political subdivision of this
state. (c) Whenever the governing authority of any county or municipality wishes to exempt such tangible property from ad valorem taxation, as provided in this Code section, the governing authority thereof shall notify the election superintendent of such political subdivision, and it shall be the duty of said election superintendent to issue the call for an election for the purpose of submitting to the electors of the political subdivision the question of whether such exemption shall be granted. The referendum ballot shall specify as separate questions the type or types of property as defined in this Code section which are being proposed to be exempted from taxation. The election superintendent shall issue the call and shall conduct the election on a date and in the manner authorized under Code Section 21-2-540. (d) The governing authority of any county or municipality wherein an
exemption has been approved by the voters as provided in this Code
section may, by appropriate resolution, a copy of which shall be
immediately transmitted to the state revenue commissioner, exempt
from taxation 20 percent, 40 percent, 60 percent, 80 percent or all
of the value of such tangible personal property as defined in this
Code section; provided, however, that once an exemption has been
granted, no reduction in the percent of the value of such property
to be exempted may be made until and unless such exemption is
revoked or repealed as provided in this Code section. An increase
in the percent of the value of the property to be exempted may be
accomplished by appropriate resolution of the governing authority of
such county or municipality, and a copy thereof shall be immediately
transmitted to the state revenue commissioner, provided that such
increase shall be in increments of 20 percent, 40 percent, 60
percent, or 80 percent of the value of such tangible personal
property as defined in this Code section, within the discretion of
such governing authority. (e)(1) If more than one-half of the votes cast on such question
are in favor of such exemption, then such exemption may be granted
by the governing authority commencing on the first day of any
ensuing calendar year; otherwise such exemption may not be
granted. This paragraph is intended to clearly provide that
following approval of such exemption in such referendum, such
exemption may be granted on the first day of any calendar year
following the year in which such referendum was conducted. This
paragraph shall not be construed to imply that the granting of
such exemption could not previously be delayed to any such
calendar year. (2) Exemptions may only be revoked by a referendum election called
and conducted as provided in this Code section, provided that the
call for such referendum shall not be issued within five years
from the date such exemptions were first granted and, if the
results of said election are in favor of the revocation of such
exemptions, then such revocation shall be effective only at the
end of a five-year period from the date of such referendum. (f) The commissioner shall by regulation adopt uniform procedures
and forms for the use of local officials in the administration of
this Code section. |