Title 48, Chapter 8, Section 50
( 48-8-50)
(a) As used in this Code section, the term "affiliated entity" means
with respect to any corporation, sole proprietorship, partnership,
limited partnership, enterprise, franchise, association, trust,
joint venture, or other entity, any other corporation, sole
proprietorship, partnership, limited partnership, enterprise,
franchise, association, trust, joint venture, or other entity
related thereto: (1) As a parent, subsidiary, sister, or daughter corporation, sole
proprietorship, partnership, limited partnership, enterprise,
franchise, association, trust, joint venture, or other entity; (2) By control of one corporation, sole proprietorship,
partnership, limited partnership, enterprise, franchise,
association, trust, joint venture, or other entity by the other;
or (3) By any other common ownership or control. (b) Each dealer required to file a return under this article shall
include such dealer's certificate of registration number or numbers
for each sales location or affiliated entity of such dealer on such
return. In reporting and paying the amount of tax due under this
article, each dealer shall be allowed the following deduction, but
only if the amount due was not delinquent at the time of payment;
and that deduction shall be subject to the provisions of subsection
(f) of this Code section pertaining to calculation of the deduction
when more than one tax is reported on the same return: (1) With respect to each certificate of registration number on
such return, a deduction of 3 percent of the first $3,000.00 of
the combined total amount of all sales and use taxes reported due
on such return for each location other than the taxes specified in
paragraph (3) of this subsection; (2) With respect to each certificate of registration number on
such return, a deduction of one-half of 1 percent of that portion
exceeding $3,000.00 of the combined total amount of all sales and
use taxes reported due on such return for each location other than
the taxes specified in paragraph (3) of this subsection; and (3) With respect to each certificate of registration number on such return, a deduction of 3 percent of the combined total amount due of all sales and use taxes on motor fuel as defined under paragraph (9) of Code Section 48-9-2, which are imposed under any provision of this title, including, but not limited to, Code Section 48-9-14 and sales and use taxes on motor fuel imposed under any of the provisions described in subsection (f) of this Code section. (c) The department shall compile and maintain a master registry of
the certificate of registration numbers filed on such returns with
respect to all the affiliated business entities and multiple
locations of each dealer and shall assign a master number to each
dealer. Each dealer required to file a return under this article
shall also include such dealer's master number on such return if
such number has been assigned by the department under this
subsection.
(d) With respect to a dealer which consists of only a single sales
location or which consists of a group of fewer than four sales
locations or affiliated entities, or any combination thereof,
claiming such deduction, a separate return shall be filed for each
sales location and affiliated entity for each reporting period.
With respect to a dealer which consists of a group of four or more
sales locations or affiliated entities, or any combination thereof,
claiming such deduction, a single, consolidated return shall be
filed for such entire group. A consolidated return under this
subsection shall be used for the purpose of identifying the sales
locations or affiliated entities of a dealer and such consolidated
return shall identify separately the reporting and paying of the tax
due under this article for each sales location or affiliated entity
of such dealer. The deduction requirements of subsection (b) of
this Code section shall apply separately to each certificate of
registration number on such return. (e) No deduction shall be allowed under this Code section unless all
of the requirements of subsections (b), (c), and (d) of this Code
section have been satisfied. (f) The deduction authorized under this Code section shall be combined with and calculated with the deductions authorized under Code Section 48-8-87, Code Section 48-8-113, Section 25 of an Act approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," and any other sales tax, use tax, or sales and use tax which is levied and imposed in an area consisting of less than the entire state, however authorized, by applying the deduction rate specified in this Code section against the combined total of all such taxes reported due on the same return. (g) The reimbursement deduction authorized under Section 25 of an
Act approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, the
"Metropolitan Atlanta Rapid Transit Authority Act of 1965," shall be
at the rate and subject to the requirements specified under
subsections (b) through (f) of this Code section. |