Title 48, Chapter 5, Section 507
( 48-5-507)
(a) Except as provided in subsections (b) and (c) of this Code
section, every heavy-duty equipment motor vehicle owned in this
state by a natural person or other entity is subject to ad valorem
taxation by the various tax jurisdictions authorized to impose an ad
valorem tax on property only if owned by such natural person or
entity on the first day of January of any taxable year. Taxes shall
be charged against the owner of the property, if known, and, if
unknown, against the specific property itself. The owner shall
return the heavy-duty equipment motor vehicle for taxation as
provided in Article 1 of this chapter. (b)(1) Any and all purchases of heavy-duty equipment motor
vehicles by dealers for the purpose of resale shall be exempt from
ad valorem tax at the time of the purchase by the dealer. (2) Any person or entity which purchases a heavy-duty equipment
motor vehicle from a dealer shall, for the taxable year in which
the heavy-duty equipment motor vehicle is purchased only, return
such heavy-duty equipment motor vehicle for ad valorem taxation
purposes, within 30 days of the end of the month in which such
purchase is made, to the appropriate county and shall pay a tax
for such taxable year. Upon receipt of such return, the tax
commissioner shall within five days prepare and bill the purchaser
for the ad valorem tax. Such tax shall be equal to 33 1/3 percent
of the amount derived by multiplying the amount of ad valorem tax
which would otherwise be due on the heavy-duty equipment motor
vehicle and shall be based on the selling price to the end user
times 40 percent, thus deriving the taxable assessment, times the
tax rate imposed by the tax authority for the preceding tax year,
by a fraction the numerator of which is the number of months
remaining in the calendar year not counting the month of purchase
and the denominator of which is 12. In no event shall the ad
valorem tax due be less than $100.00 for the year of purchase.
The taxes levied under this subsection shall be due 60 days after
the billing therefor. (3) Any ad valorem tax due shall be based on the selling price of
the heavy-duty equipment motor vehicle purchased. (4) In the event that any heavy-duty equipment motor vehicle is
purchased other than for resale by a person or entity not
domiciled in this state, at the time of the sale the dealer shall
collect the ad valorem tax which would be applicable for the
county where the heavy-duty equipment motor vehicle was held in
inventory at the time of the sale. Each dealer, on or before the
last day of the month following a sale to such person or entity,
shall transmit returns and remit the ad valorem taxes collected to
the tax commissioner of the county where the heavy-duty equipment
motor vehicle was held in inventory at the time of the sale. Such
returns shall show all sales and purchases taxable under this
article during the preceding calendar month. The returns required
by this subsection shall be made upon forms prescribed, prepared,
and furnished by the state revenue commissioner. If any dealer
liable for any tax, interest, or penalty imposed by this article
sells out his or her business's heavy-duty equipment motor
vehicles or quits the business, he or she shall make a final
return and payment within 30 days after the date of selling or
quitting the business. Any dealer who does not collect tax as
required under this paragraph or who fails to properly remit taxes
collected under this paragraph shall be liable for the tax and the
tax commissioner shall collect such tax, penalty, and interest in
the same manner that other taxes are collected. (c) Except as otherwise provided in this subsection, heavy-duty
equipment motor vehicles which are owned by a dealer are not
included within the distinct subclassification of tangible property
made by this article for all other heavy-duty equipment motor
vehicles. The procedures prescribed in this article for returning
heavy-duty equipment motor vehicles for ad valorem taxation,
determining the applicable rates for taxation, and collecting the ad
valorem taxes imposed on heavy-duty equipment motor vehicles do not
apply to heavy-duty equipment motor vehicles which are owned by a
dealer. Heavy-duty equipment motor vehicles which are owned by a
dealer shall not be returned for ad valorem taxation, shall not be
taxed, and no taxes shall be collected on such heavy-duty equipment
motor vehicles until they become subject to taxation as provided in
subsections (a) and (b) of this Code section. No heavy-duty
equipment motor vehicle held by a dealer in inventory for resale
shall be subject to ad valorem taxation unless such heavy-duty
equipment motor vehicle was in the dealer's inventory on January 1
of the taxable year and continued to remain in such dealer's
inventory on December 20 of such taxable year, in which case the
dealer shall be required to return the heavy-duty equipment motor
vehicle for ad valorem taxation on December 21 of that taxable year.
The assessed value of each heavy-duty equipment motor vehicle owned
by a dealer shall be 40 percent of the fair market value of the
heavy-duty equipment motor vehicle on January 1 of that taxable
year. The tax commissioner shall prepare and mail a tax bill within
five days of receipt of such dealer's return. The taxes levied
under this subsection shall be due 60 days after the billing
therefor. (d) Within 30 days of the last day of a month during which there is
a sale of any heavy-duty equipment motor vehicle other than for
resale, the dealer shall mail to the tax commissioner of the county
where the purchaser is domiciled a statement notifying the tax
commissioner of the sale which shall include information such as the
date of the sale, the selling price, and the name and address of the
purchaser. Such statement shall be upon forms prescribed, prepared,
and furnished by the state revenue commissioner. (e) The failure of any person or entity to return property as required by this Code section shall subject such person or entity to penalties as provided in Code Section 48-5-299. The failure of any person or entity to pay the taxes as required by this Code section shall subject such person or entity to penalties and interest as provided by Code Section 48-2-44. |