Tax Imposed

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  1. Except as to rate, a tax imposed under this part shall correspond to the tax imposed by Article 1 of this chapter. No item or transaction which is not subject to taxation under Article 1 of this chapter shall be subject to a tax imposed under this part, and a tax imposed under this part shall not apply to:
    1. The sale or use of any type of fuel used for off-road heavy-duty equipment, off-road farm or agricultural equipment, or locomotives;
    2. The sale or use of jet fuel as such term is defined in Code Section 48-8-2, except to the extent allowed pursuant to Code Section 48-8-3.5;
    3. The sale or use of fuel that is used for propulsion of motor vehicles on the public highways;
    4. The sale or use of energy used in the manufacturing or processing of tangible goods primarily for resale;
    5. The sale or use of motor fuel as defined under paragraph (9) of Code Section 48-9-2 for public mass transit; or
    6. The purchase or lease of any motor vehicle pursuant to Code Section 48-5C-1.
  2. Except as otherwise specifically provided in this part, the tax imposed pursuant to this part shall be subject to any sales and use tax exemption which is otherwise imposed by law; provided, however, that the tax levied by this part shall be applicable to the sale of food and food ingredients as provided for in paragraph (57) of Code Section 48-8-3.

(Code 1981, §48-8-269.30, enacted by Ga. L. 2016, p. 105, § 2-1/SB 369; Ga. L. 2018, Ex. Sess., p. ES7, § 3-9/HB 5EX.)

The 2018 Ex. Sess. amendment, effective December 1, 2018, in subsection (a), substituted "and a tax imposed" for "except that a tax imposed" near the end of the introductory paragraph, and rewrote paragraph (a)(2), which read: "The sale or use of jet fuel to or by a qualifying airline at a qualifying airport;".

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 2016, this Code section, enacted as Code Section 48-8-269.9993, was redesignated as Code Section 48-8-269.30.


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