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2018 Georgia Code 48-8-110 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 48-8-110 Case Law from Google Scholar Amendments to OCGA 48-8-110

TITLE 48 REVENUE AND TAXATION

Section 8. Sales and Use Taxes, 48-8-1 through 48-8-278.

ARTICLE 3 COUNTY SALES AND USE TAXES

48-8-110. Definitions.

As used in this part, the term:

  1. "Capital outlay project" means major, permanent, or long-lived improvements or betterments, such as land and structures, such as would be properly chargeable to a capital asset account and as distinguished from current expenditures and ordinary maintenance expenses. Such term shall include, but not be limited to, roads, streets, bridges, police cars, fire trucks, ambulances, garbage trucks, and other major equipment.
  2. "County-wide project" means a capital outlay project or projects as defined in paragraph (1) of this Code section of the county for the use or benefit of the citizens of the entire county and is further defined as follows:
    1. "Level one county-wide project" means a county-wide project or projects of the county to carry out functions on behalf of the state and is limited to a county courthouse; a county administrative building primarily for county constitutional officers or elected officials; a county or regional jail, correctional institution, or other detention facility; a county health department facility; or any combination of such projects; and
    2. "Level two county-wide project" means a county-wide project or projects of the county or one or more municipalities, other than a level one county-wide project, which project or projects are to be owned or operated or both either by the county, one or more municipalities, or any combination thereof.
  3. "Intergovernmental agreement" means a contract entered into pursuant to Article IX, Section III, Paragraph I of the Constitution between a county and one or more qualified municipalities located within the special district containing a combined total of no less than 50 percent of the aggregate municipal population located within the special district.
  4. "Qualified municipality" means only those incorporated municipalities which provide at least three of the following services, either directly or by contract:
    1. Law enforcement;
    2. Fire protection (which may be furnished by a volunteer fire force) and fire safety;
    3. Road and street construction or maintenance;
    4. Solid waste management;
    5. Water supply or distribution or both;
    6. Waste-water treatment;
    7. Storm-water collection and disposal;
    8. Electric or gas utility services;
    9. Enforcement of building, housing, plumbing, and electrical codes and other similar codes;
    10. Planning and zoning;
    11. Recreational facilities; or
    12. Library.

(Code 1981, §48-8-110, enacted by Ga. L. 2004, p. 69, § 8.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 2009, "Article IX" was substituted for "Article XI" in paragraph (3).

Editor's notes.

- Ga. L. 2004, p. 69, § 1, not codified by the General Assembly, provides that: "This Act shall be known and may be cited as the 'State and Local Taxation, Financing, and Service Delivery Revision Act of 2004.'"

Ga. L. 2004, p. 69, § 8, redesignated former Code Section 48-8-110 as present Code Section 48-8-110.1 concerning authorization for special county 1 percent sales and use tax.

Ga. L. 2004, p. 69, § 23(c), not codified by the General Assembly, provides that this Code section "shall apply with respect to taxes imposed or to be imposed under any resolution or ordinance adopted by a county or municipal governing authority on or after July 1, 2004; and, except as otherwise specifically provided in this Act, Sections 8 (this Code section), 9, 10, 11, 12, 13, 14, and 15 of this Act shall not apply with respect to taxes imposed or to be imposed under resolutions and ordinances adopted prior to July 1, 2004."

JUDICIAL DECISIONS

Cited in Turner County v. City of Ashburn, 293 Ga. 739, 749 S.E.2d 685 (2013).

OPINIONS OF THE ATTORNEY GENERAL

Borrowing from tax proceeds.

- County may not borrow from Special Purpose Local Option Sales Tax (SPLOST) proceeds to fund expenditures other than voter-approved capital projects authorized in the SPLOST statutes. 2007 Op. Att'y Gen. No. 2007-5.

Cases Citing Georgia Code 48-8-110 From Courtlistener.com

Total Results: 5

Turner County v. City of Ashburn

Court: Supreme Court of Georgia | Date Filed: 2013-10-07

Citation: 293 Ga. 739, 749 S.E.2d 685, 2013 Ga. LEXIS 856

Snippet: the county tax created by the SPLOST Act (OCGA § 48-8-110 et seq.) if an intergovernmental agreement for

Johnstone v. Thompson

Court: Supreme Court of Georgia | Date Filed: 2006-06-12

Citation: 631 S.E.2d 650, 280 Ga. 611, 6 Fulton County D. Rep. 1833, 2006 Ga. LEXIS 398

Snippet: same manner as the tax provided for by [OCGA § 48-8-110 et seq.].” See also OCGA § 48-8-141.2 By this

Jackson v. Shadix

Court: Supreme Court of Georgia | Date Filed: 2000-07-10

Citation: 533 S.E.2d 706, 272 Ga. 631, 2000 Fulton County D. Rep. 2574, 2000 Ga. LEXIS 551

Snippet: approval by referendum). See generally OCGA § 48-8-110 et seq. Ga. L. 1987, p. 1322, codified at OCGA

C. W. Matthews Contracting Co. v. Collins

Court: Supreme Court of Georgia | Date Filed: 1995-05-15

Citation: 265 Ga. 448, 457 S.E.2d 171

Snippet: encompassed in its decision language in OCGÁ § 48-8-110 (authorizing a special county one percent sales

Dickey v. Storey

Court: Supreme Court of Georgia | Date Filed: 1992-09-18

Citation: 423 S.E.2d 650, 262 Ga. 452, 92 Fulton County D. Rep. 2788, 1992 Ga. LEXIS 1006

Snippet: Option Sales Tax (SPLOST) as authorized by OCGA § 48-8-110 et seq. Public hearings were held and the SPLOST