Title 48, Chapter 8, Section 30
( 48-8-30)
(a) There is levied and imposed a tax on the retail purchase, retail
sale, rental, storage, use, or consumption of tangible personal
property and on the services described in this article. (b)(1) Every purchaser of tangible personal property at retail in
this state shall be liable for a tax on the purchase at the rate
of 4 percent of the sales price of the purchase. The tax shall be
paid by the purchaser to the retailer making the sale, as provided
in this article. The retailer shall remit the tax to the
commissioner as provided in this article and, when received by the
commissioner, the tax shall be a credit against the tax imposed on
the retailer. Every person making a sale or sales of tangible
personal property at retail in this state shall be a retailer and
a dealer and shall be liable for a tax on the sale at the rate of
4 percent of the gross sale or gross sales, or the amount of taxes
collected by him from his purchaser or purchasers, whichever is
greater. (2) No retail sale shall be taxable to the retailer or dealer
which is not taxable to the purchaser at retail. (c)(1) Upon the first instance of use, consumption, distribution,
or storage within this state of tangible personal property
purchased at retail outside this state, the owner or user of the
property shall be a dealer and shall be liable for a tax at the
rate of 4 percent of the cost price, except as provided in
paragraph (2) of this subsection. (2) Upon the first instance of use, consumption, distribution, or
storage within this state of tangible personal property purchased
at retail outside this state and used outside this state for more
than six months prior to its first use within this state, the
owner or user of the property shall be a dealer and shall be
liable for a tax at the rate of 4 percent of the cost price or
fair market value of the property, whichever is the lesser. (3) This subsection shall not be construed to require a
duplication in the payment of the tax. The tax imposed by this
subsection shall be subject to the credit otherwise granted by
this article for like taxes previously paid in another state. (c.1)(1) Every purchaser of tangible personal property at retail outside this state from a dealer, as defined in subparagraph (H) of paragraph (3) of Code Section 48-8-2, when such property is to be used, consumed, distributed, or stored within this state, shall be liable for a tax on the purchase at the rate of 4 percent of the sales price of the purchase. It shall be prima-facie evidence that such property is to be used, consumed, distributed, or stored within this state if that property is delivered in this state to the purchaser or agent thereof. The tax shall be paid by the purchaser to the retailer making the sale, as provided in this article. The retailer shall remit the tax to the commissioner as provided in this article and, when received by the commissioner, the tax shall be a credit against the tax imposed on the retailer. Every person who is a dealer, as defined in subparagraph (H) of paragraph (3) of Code Section 48-8-2 and who makes any sale of tangible personal property at retail outside this state which property is to be delivered in this state to a purchaser or purchaser's agent shall be a retailer and a dealer for purposes of this article and shall be liable for a tax on the sale at the rate of 4 percent of such gross sales or the amount of tax as collected by that person from purchasers having their purchases delivered in this state, whichever is greater. (2) No retail sale shall be taxable to the retailer or dealer
which is not taxable to the purchaser at retail. The tax imposed
by this subsection shall be subject to the credit otherwise
granted by this article for like taxes previously paid in another
state. This subsection shall not be construed to require a
duplication in the payment of the tax. (d)(1) Every person to whom tangible personal property in the
state is leased or rented shall be liable for a tax on the lease
or rental at the rate of 4 percent of the gross lease or rental
charge. The tax shall be paid to the person who leases or rents
the property by the person to whom the property is leased or
rented. A person who leases or rents property to others as a
dealer under this article shall remit the tax to the commissioner
as provided in this article. When received by the commissioner,
the tax shall be a credit against the tax imposed on the person
who leases or rents the property to others. Every person who
leases or rents tangible personal property in this state to others
shall be a dealer and shall be liable for a tax on the lease or
rental at the rate of 4 percent of the gross lease or rental
proceeds, or the amount of taxes collected by him from persons to
whom he leases or rents tangible personal property, whichever is
greater. (2) No lease or rental shall be taxable to the person who leases
or rents tangible property to another which is not taxable to the
person to whom the property is leased or rented. (3) The lessee of both taxable and exempt property in this state
under a single lease agreement containing a lease period of ten
years or more shall have the option to discharge in full all sales
and use taxes imposed by this article relating to the tangible
personal property by paying in a lump sum 4 percent of the fair
market value of the tangible personal property at the date of
inception of the lease agreement in the same manner and under the
same conditions applicable to sales of the tangible personal
property. (e) Upon the first instance of use within this state of tangible
personal property leased or rented outside this state, the person to
whom the property is leased or rented shall be a dealer and shall be
liable for a tax at the rate of 4 percent of the rental charge paid
to the person who leased or rented the property, subject to the
credit authorized for like taxes previously paid in another state. (e.1)(1) Every person who leases, as lessor, or rents tangible personal property outside this state for use within this state shall be liable for a tax at the rate of 4 percent of the rental charge paid for that lease or rental if that person is a dealer, as defined in subparagraph (H) of paragraph (3) of Code Section 48-8-2 and title to that property remains in that person. It shall be prima-facie evidence that such property is to be used within this state if that property is delivered in this state to the lessee or renter of such property, or to the agent of either. The tax shall be paid by the lessee or renter and payment of the tax shall be made to the lessor or person receiving rental payments for that property, which person shall be the dealer for purposes of this article. The dealer shall remit the tax to the commissioner as provided in this article and, when received by the commissioner, the tax shall be a credit against the tax imposed on the dealer. Every person who is a dealer, as defined in subparagraph (H) of paragraph (3) of Code Section 48-8-2 and who leases or rents tangible personal property outside this state to be delivered in this state to the lessee, renter, or agent of either shall be a dealer and shall be liable as such for a tax on the lease or rental at the rate of 4 percent of the gross proceeds from such leases or rentals or the amount of taxes collected by that dealer for leases or rentals of tangible personal property delivered in this state, whichever is greater. (2) No lease or rental shall be taxable to the dealer which is not
taxable to the lessee or renter. The tax imposed by this
subsection shall be subject to the credit granted by this article
for like taxes previously paid in another state. This subsection
shall not be construed to require a duplication in the payment of
the tax. (f)(1) Every person purchasing or receiving any service within
this state, the purchase of which is a retail sale, shall be
liable for tax on the purchase at the rate of 4 percent of the
gross charge or charges made for the purchase. The tax shall be
paid by the person purchasing or receiving the service to the
person furnishing the service. The person furnishing the service,
as a dealer under this article, shall remit the tax to the
commissioner as provided in this article; and, when received by
the commissioner, the tax shall be a credit against the tax
imposed on the person furnishing the service. Every person
furnishing a service, the purchase of which is a retail sale,
shall be a dealer and shall be liable for a tax on the sale at the
rate of 4 percent of the gross charge or charges made for
furnishing the service, or the amount of taxes collected by him
from the person to whom the service is furnished, whichever is
greater. (2) No sale of services shall be taxable to the person furnishing
the service which is not taxable to the purchaser of the service. (g) Whenever a purchaser of tangible personal property under
subsection (b) or (c.1) of this Code section, a lessee or renter of
the property under subsection (d) or (e.1) of this Code section, or
a purchaser of taxable services under subsection (f) of this Code
section does not pay the tax imposed upon him or her to the
retailer, lessor, or dealer who is involved in the taxable
transaction, the purchaser, lessee, or renter shall be a dealer
himself or herself and the commissioner, whenever he or she has
reason to believe that a purchaser or lessee has not so paid the
tax, may assess and collect the tax directly against and from the
purchaser, lessee, or renter, unless the purchaser, lessee, or
renter shows that the retailer, lessor, or dealer who is involved in
the transaction has nevertheless remitted to the commissioner the
tax imposed on the transaction. If payment is received directly
from the purchaser, it shall not be collected a second time from the
retailer, lessor, or dealer who is involved.
(h) The tax imposed by this Code section shall be collected from the
dealer and paid at the time and in the manner provided in this
article. Any person engaging or continuing in business as a
retailer and wholesaler or jobber shall pay the tax imposed on the
gross proceeds of retail sales of the business at the rate specified
when proper books are kept showing separately the gross proceeds of
sales for each business. If the records are not kept separately,
the tax shall be paid as a retailer or dealer on the gross sales of
the business. For the purpose of this Code section, all sales
through any one vending machine shall be treated as a single sale.
The gross proceeds for reporting vending sales shall be treated as
if the tax is included in the sale and the taxable proceeds shall be
net of the tax included in the sale. (i) The tax levied by this Code section is in addition to all other
taxes, whether levied in the form of excise, license, or privilege
taxes, and shall be in addition to all other fees and taxes levied. |