Title 50, Chapter 17, Section 29
( 50-17-29)
(a) Full faith and credit. The full faith, credit, and taxing powers
of the state are pledged to the payment of all public debt, and the
interest thereon, incurred under this article; and all such debt and
the interest thereon shall be exempt from taxation. (b) Negotiability. Every evidence of indebtedness issued under this
article shall be, and the same is held to have all the rights and
incidences of, negotiable instruments, anything in law to the
contrary notwithstanding. (c) Legal investments; securities for deposit. General obligation
debt and guaranteed revenue debt herein authorized are made
securities in which all public officers and bodies of this state;
all municipalities and all municipal subdivisions; all insurance
companies and associations and other persons carrying on an
insurance business; all banks, bankers, trust companies, savings
banks, and savings associations, including savings and loan
associations, building and loan associations, investment companies,
and other persons carrying on a banking business; all
administrators, guardians, executors, trustees, and other
fiduciaries; and all other persons whatsoever who are authorized to
invest in bonds or other obligations of the state may properly and
legally invest funds including capital in their control or belonging
to them. Such debt is further made securities which may be deposited
with and shall be received by all public officers and bodies of this
state and all municipalities and municipal subdivisions for any
purpose for which the deposit of the bonds or other obligations of
this state may be authorized. (d) State employees. Notwithstanding the provisions of any other
law, employees of the state are authorized to hold, purchase, and
own bonds representing general obligation debt or guaranteed revenue
debt issued under this article. (e) Exemption from taxation. (1) Except as otherwise provided in paragraph (2) of this
subsection, no city, county, municipality, or other political
subdivision of this state shall impose any tax, assessment, levy,
license fee, or other fee upon any contractors or subcontractors
as a condition to or result of the performance of a contract,
work, or services by such contractors or subcontractors in
connection with any project being constructed, repaired,
remodeled, enlarged, serviced, or destroyed for, or on behalf of,
the state or any of its agencies, boards, bureaus, commissions,
and authorities; nor shall any city, county, municipality, or
other political subdivision of this state include the contract
price of or value of such contract, work, or services performed on
such projects in computing the amount of any tax, assessment,
levy, license fee, or other fee authorized to be imposed on any
contractors or subcontractors. (2) The exemption provided for in paragraph (1) of this subsection
shall not apply to any local sales tax, local use tax, or local
sales and use tax which is levied and imposed in an area
consisting of less than the entire state, however authorized,
including, but not limited to, such taxes authorized by or
pursuant to constitutional amendment; by or pursuant to 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"; by or pursuant to Article 2 of Chapter 8 of Title 48; or by
or pursuant to Article 3 of Chapter 8 of Title 48. (3)(A) As used in this paragraph, the term: (i) "Building and construction materials" means all building
and construction materials, supplies, fixtures, or equipment,
any combination of such items, and any other leased or
purchased articles when the materials, supplies, fixtures,
equipment, or articles are to be utilized or consumed during
construction or are to be incorporated into construction work
pursuant to a bona fide written construction contract. (ii) "Local sales and use tax" means any local sales tax,
local use tax, or local sales and use tax which is levied and
imposed in an area consisting of less than the entire state,
however authorized, including, but not limited to, such taxes
authorized by or pursuant to constitutional amendment; by or
pursuant to 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"; by or pursuant to Article 2 of
Chapter 8 of Title 48; or by or pursuant to Article 3 of
Chapter 8 of Title 48. (B) No local sales and use tax which became applicable
subsequent to the time of entering into a contract as described
in this subparagraph shall be collected by a county or
municipality upon the sale or use of building and construction
materials when the contract pursuant to which the materials are
purchased or used was entered into on December 19, 1994, and a
prior claim for a refund of such sales and use taxes was filed
with the department on or before January 22, 1998. (C)(i) Notwithstanding any other provision of this title or
any other title to the contrary, the provisions of this
subparagraph shall provide the exclusive remedy and procedure
for seeking and obtaining any and all refunds for local sales
and use taxes paid on the sale or use of building and
construction materials. No refund shall be allowed for any
such taxes or payments unless expressly authorized by this
subparagraph. (ii) The commissioner shall issue refunds for local sales and
use taxes paid or due with respect to a contract specified
under subparagraph (B) of this paragraph when it is shown to
the satisfaction of the commissioner that local sales and use
taxes were paid pursuant to paragraph (2) of this subsection. (D) No person shall receive a refund for local sales and use
taxes paid in any case where an amount equal to the amount of
taxes paid has been charged to or paid by any purchaser of the
person seeking a refund. When a claimant is issued a refund for
taxes paid, in every case where an amount equal to the amount of
taxes paid has been charged to or paid by any purchaser of the
claimant, the claimant shall refund to the purchaser or customer
an amount equal to the refund allowed by the commissioner. (E) No refund for taxes paid shall be allowed unless a refund
claim is filed with the commissioner pursuant to subparagraph
(F) of this paragraph. If, in the opinion of the commissioner,
a refund claim of taxes paid pursuant to this subsection
contains a false statement, the claim shall be denied. In no
event shall interest be allowed on any refund under this
paragraph. (F) Each refund claim shall be filed in writing with the
commissioner in the form and containing such information as the
commissioner may require. The commissioner shall consider
information contained in the refund claim, together with such
other information as may be available, and shall approve or
disapprove the refund claim and notify the claimant of such
action. Any claimant whose claim is denied by the commissioner
or whose claim is not decided by the commissioner within one
year from the date of filing the claim shall have the right to
bring an action for a refund in the superior court of such
county. No action or proceeding for the recovery of a refund
shall be commenced before the expiration of one year from the
date of filing the refund claim unless the commissioner renders
a decision on the refund claim within that time, nor shall any
action or proceeding be commenced after the occurrence of the
earlier of (i) the expiration of one year from the date the
claim is denied, or (ii) the expiration of two years from the
date the refund claim was filed. The time for filing an action
for the recovery of a refund may be extended for such period as
may be agreed upon in writing between the claimant and the
commissioner during the period authorized for bringing an action
or any extension thereof. In the event any refund claim is
approved and the taxpayer has not paid other state taxes which
have become due, as determined by the commissioner, the
commissioner may set off the unpaid taxes against the refund.
When the setoff authorized in this Code section is exercised,
the refund shall be deemed granted and the amount of the setoff
shall be considered for all purposes as a payment toward the
particular tax debt which is being set off. Any excess refund
properly allowable under this paragraph which remains after the
setoff has been applied may be refunded to the taxpayer. |