O.C.G.A. § 48-13-118 — Separate revenue schedule required

As a part of the audit report required under Code Section 36-81-7, the auditor shall include, in a separate schedule, a report of the revenues pertaining to the excise tax under this article. History. Code 1981, § 48-13-118, enacted by Ga. L. 2012, p. 257, § 5-4/HB 386. 48-13-119. Transmittal of returns and remission of taxes due; form of returns; estimated tax liability. (a) Each dealer, on or before the twentieth day of each month, shall transmit returns and remit taxes due to any applicable governing authority imposing a tax authorized under this article showing the gross charges for energy taxable under the ordinance enacted pursuant to this article during the preceding calendar month. The governing authority imposing the tax may provide by resolution or ordinance for quarterly or annual returns. The returns required by this subsection shall be made upon forms prescribed, prepared, and furnished by the governing authority imposing the tax. (b) As used in this subsection, the term “estimated tax liability” means a dealer’s tax liability under the ordinance enacted pursuant to this article, adjusted to account for any subsequent change in the rate of tax authorized to be imposed under this article. 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 governing authority imposing the tax 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 256 48-13-119 SPECIFIC, BUSINESS, & OCCUPATION TAXES 48-13-120 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. History. Code 1981, § 48-13-119, enacted by Ga. L. 2013, p. 787, § 7/HB 250. 48-13-120. Extension of time for making returns; penalties and interest; failure to make return. (a)(1) The governing authority imposing a tax authorized under this article may, for good cause, extend the time for making any returns required under this article for not more than 30 days. (2) No extension granted pursuant to paragraph (1) of this subsection shall be valid unless granted in writing upon written application, and then the extension shall only be valid for a period, as appropriate, of not more than 12 consecutive months or four consecutive calendar quarters. (3) Upon the granting of any extension authorized by this subsection, the dealer shall remit to the governing authority imposing a tax authorized under this article on or before the date the tax would otherwise become due without the extension an amount which 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 by reason of the granting of an extension pursuant to this subsection during the ﬁrst ten days of each extension period. Thereafter, interest shall be collected upon the unpaid balance of the dealer’s liability at the rate speciﬁed in Code Section 48-2-40. (b) In the event any dealer fails to make a return and pay the tax as provided by this article or makes a grossly incorrect return or a return that is false or fraudulent, the governing authority imposing a tax authorized under this article shall make an estimate for the taxable period of taxable charges of the dealer. Based upon its estimate, the governing authority shall assess and collect the taxes, interest, and penalties, as accrued, on the basis of the assessments against the dealer and such assessment may be assessed against the dealer at any time. History. Code 1981, § 48-13-120, enacted by Ga. L. 2013, p. 787, § 7/HB 250. 257 48-13-122 48-13-121. Keeping and preservation of records, exemption certiﬁcates, and books of account; records to be open to examination; audits and examinations. (a) Each dealer required to make a return and collect and remit any tax authorized under this article shall keep and preserve: (1) Suitable records of the energy charges taxable under this article; (2) Any exemption certiﬁcates received by the dealer; and (3) Other books of account which are necessary to determine the amount of tax due. (b) All books, invoices, exemption certiﬁcates, and other records required by this Code section to be kept shall be open to examination at all reasonable hours by the governing authority imposing a tax authorized under this article. (c) Any audit or examination by a governing authority imposing a tax authorized under this article of the books and records of a dealer for the purpose of ascertaining the proper amount of tax due shall be based primarily upon any sales tax audit report of the dealer, any other tax audit report of the dealer, or any return created pursuant to Code Section 48-13-119 within the time periods described in subsection (b) of Code Section 48-13-117 or of subsection (b) of Code Section 48-13-120. Any information secured by the local governing authority incident to any such audit or examination shall be conﬁdential and privileged to the same extent as provided in Code Section 48-2-15 for tax information secured by the commissioner. History. Code 1981, § 48-13-121, enacted by Ga. L. 2013, p. 787, § 7/HB 250. 48-13-122. Authority to waive penalties.