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2018 Georgia Code 48-13-53.3 | Car Wreck Lawyer

TITLE 48 REVENUE AND TAXATION

Section 13. Specific, Business, and Occupation Taxes, 48-13-1 through 48-13-133.

ARTICLE 3 EXCISE TAX ON ROOMS, LODGINGS, AND ACCOMMODATIONS

48-13-53.3. Taxes; extensions and returns; failure of innkeeper to make return and pay required tax.

    1. The governing authority imposing a tax 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 grant of any extension authorized by this subsection, the innkeeper shall remit to the governing authority imposing a tax under this article on or before the date the tax would otherwise become due without the grant of the extension an amount which equals not less than 100 percent of the innkeeper'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 innkeeper's liability at the rate specified in Code Section 48-2-40.
  1. In the event any innkeeper 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 under this article shall make an estimate for the taxable period of taxable charges of the innkeeper. Based upon its estimate, the governing authority shall assess and collect the taxes, interest, and penalties, as accrued, on the basis of the assessments.

(Code 1981, §48-13-53.3, enacted by Ga. L. 2000, p. 1325, § 3.)

JUDICIAL DECISIONS

Necessity to follow procedures before filing suit to collect tax.

- Municipalities failed to exhaust administrative remedies prior to litigation to recover excise taxes from Internet travel agencies which arranged accommodation for their customers since the procedures of O.C.G.A. § 48-13-53.3(b) were not optional, and the municipalities were required to estimate, assess, and attempt to collect the excise taxes from the travel agencies before pursuing litigation. City of Rome v. Hotels.com, L.P., F. Supp. 2d (N.D. Ga. May 10, 2007).

Cases Citing Georgia Code 48-13-53.3 From Courtlistener.com

Total Results: 1

City of Atlanta v. Hotels.com, L.P.

Court: Supreme Court of Georgia | Date Filed: 2009-03-23

Citation: 674 S.E.2d 898, 285 Ga. 231, 9 Fulton County D. Rep. 1010, 2009 Ga. LEXIS 96

Snippet: accrued, on the basis of the assessments.” OCGA § 48-13-53.3 (b). The ordinance mandates that, to collect