Title 48, Chapter 8, Section 49
( 48-8-49)
(a) Each dealer, on or before the twentieth day of each month, shall
transmit returns to the commissioner showing the gross sales and
purchases arising from all sales and purchases taxable under this
article during the preceding calendar month. The commissioner may
provide by regulation for quarterly or annual returns or, upon
application, may permit a dealer to file a return on a quarterly or
annual basis if deemed advisable by the commissioner. The returns
required by this subsection shall be made upon forms prescribed,
prepared, and furnished by the commissioner. (b) As used in this subsection, the term "estimated tax liability"
means a dealer's tax liability, adjusted to account for any
subsequent change in the state sales and use tax rate, based on his
average monthly payments for the last fiscal year. If the estimated
tax liability of a dealer for any taxable period exceeds $2,500.00,
the dealer shall file a return and remit to the commissioner not
less than 50 percent of the estimated tax liability for the taxable
period on or before the twentieth day of the period. The amount of
the payment of the estimated tax liability shall be credited against
the amount to be due on the return required under subsection (a) of
this Code section. This subsection shall not apply to any dealer
unless during the previous fiscal year the dealer's monthly payments
exceeded $2,500.00 per month for three consecutive months or more.
No local sales taxes shall be included in determining any estimated
tax liability. (c) Gross proceeds from rentals or leases of tangible personal
property shall be reported and the tax shall be paid with respect to
the gross proceeds in accordance with the rules and regulations
prescribed by the commissioner. (d)(1) The commissioner, in his discretion, may grant extensions,
upon written application, to the end of the calendar month in
which any tax return is due under this Code section. (2) No extension granted pursuant to paragraph (1) of this
subsection shall be valid unless granted in writing and only for a
period of not more than 12 consecutive months. (3) Upon the grant of any extension authorized by this subsection,
the taxpayer shall remit to the commissioner on or before the date
the tax would otherwise become due without the grant of the
extension an amount which, when added to the amount previously
remitted for the period pursuant to subsection (b) of this Code
section, equals not less than 100 percent of the dealer's payment
for the corresponding period of the preceding tax year. (4) No interest or penalty shall be charged, assessed, or
collected by reason of the granting of an extension pursuant to
this subsection. (5) This subsection shall apply to all extensions granted pursuant
to this subsection on or after July 1, 1980, and to all extensions
granted pursuant to this subsection and in effect on July 1, 1980. |