Transportation Special Purpose Local Option Sales and Use Tax

  1. Law
  2. Georgia Code
  3. Revenue and Taxation
  4. Sales and Use Taxes
  5. Special District Mass Transportation Sales and Use Tax
  6. Metropolitan Municipality Special Districts
  7. Transportation Special Purpose Local Option Sales and Use Tax

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  1. After July 1, 2016, any metropolitan municipality special district may, by following the procedures required by this part, impose for a limited period of time within such metropolitan municipality special district a transportation special purpose local option sales and use tax, the proceeds of which shall be used only for transportation purposes.
    1. Prior to the issuance of the call for the referendum required by Code Section 48-8-269.24, the governing authority of the metropolitan municipality special district that desires to levy a tax under this part shall by a majority vote on a resolution offered for such purpose approve the submission of a list of transportation purposes and the question of whether the tax should be approved to the governing authority of the county in which the metropolitan municipality special district is located. In the event a metropolitan municipality special district is located in more than one county, such resolution shall be forwarded to the governing authority of the county which contains the highest percentage of the geographic area of the metropolitan municipality special district. The governing authority of the county, unless there is a vote against the resolution by a majority plus one of the members of such governing authority of the county, shall sign a resolution offered for such purpose and shall notify the county election superintendent by forwarding to the superintendent a copy of such resolution calling for the imposition of the tax and for the proposal to be presented to the qualified voters in the metropolitan municipality special district at the next scheduled election. Such resolution, or a digest thereof, shall be available during regular business hours in the office of the county clerk and in the offices of the metropolitan municipality special district calling for the election.
    2. The resolution authorized by paragraph (1) of this subsection shall describe:
      1. The specific transportation purposes to be funded;
      2. The approximate cost of such transportation purposes, which shall also be the maximum amount of net proceeds to be raised by the tax;
      3. The maximum period of time, to be stated in calendar years, for which the tax may be imposed and the rate thereof. The maximum period of time for the imposition of the tax shall not exceed five years; and
      4. A list of the projects and purposes qualifying as transportation purposes proposed to be funded from the tax, including an expenditure of at least 30 percent of the estimated revenue from the tax on projects consistent with the state-wide strategic transportation plan as defined in paragraph (6) of subsection (a) of Code Section 32-2-22.

(Code 1981, §48-8-269.23, enacted by Ga. L. 2016, p. 105, § 2-1/SB 369.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 2016, this Code section, enacted as Code Section 48-8-269.995, was redesignated as Code Section 48-8-269.23, and in paragraph (b)(1), "Code Section 48-8-269.24" was substituted for "Code Section 48-8-269.996".


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