Syfert Injury Law Firm

Your Trusted Partner in Personal Injury & Workers' Compensation

Call Now: 904-383-7448

2018 Georgia Code 48-8-52 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 48-8-52 Case Law from Google Scholar Amendments to OCGA 48-8-52

TITLE 48 REVENUE AND TAXATION

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

ARTICLE 1 STATE SALES AND USE TAX

48-8-52. Dealers' duty to keep records of sales, purchases, and invoices of goods; examination by commissioner; assessment and collection when no or incorrect invoice produced; presumption of correctness; fixing of actual consideration for lease or rental; collection.

    1. Each dealer required to make a return and pay any tax under this article shall keep and preserve:
      1. Suitable records of the sales and purchases taxable under this article;
      2. Other books of account which are necessary to determine the amount of tax due;
      3. Other information as required by the commissioner; and
      4. For a period of three years, all invoices and other records of goods, wares, merchandise, and other subjects of taxation under this article.
    2. All books, invoices, and other records required to be kept by this subsection shall be open to examination at all reasonable hours by the commissioner or any of his duly authorized agents.
  2. In the event the dealer has imported tangible personal property and fails to produce an invoice showing the purchase price of each article subject to tax or if the invoice does not reflect the true or actual purchase price, the commissioner shall ascertain in any manner feasible the true purchase price and shall assess and collect the tax with interest and penalties as accrued on the true purchase price as assessed by the commissioner. The assessment so made shall be considered prima facie correct and the burden to show the contrary shall rest upon the dealer.
  3. In the case of the lease or rental of tangible personal property when the consideration reported by the dealer does not, in the judgment of the commissioner, represent the true or actual consideration, the commissioner may fix the true or actual consideration and collect the tax on the consideration in the same manner as provided in Code Section 48-8-51, with interest and penalties as accrued.

(Ga. L. 1951, p. 360, § 16; Ga. L. 1953, Jan.-Feb. Sess., p. 200, § 1; Code 1933, § 91A-4525, enacted by Ga. L. 1978, p. 309, § 2; Ga. L. 2010, p. 662, § 15/HB 1221.)

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarity of the statutory provisions, decisions under Ga. L. 1951, p. 360, § 17, which was subsequently repealed but was succeeded by provisions in this Code section, are included in the annotations for this Code section.

Declaratory judgment as to taxability affords no relief from audit.

- Declaratory judgment as to taxability under Ga. L. 1951, p. 360 (see now O.C.G.A. Art. 2, Ch. 8, T. 48) will not relieve the taxpayer from audit of the taxpayer's books under Ga. L. 1951, p. 360, § 16 (see now O.C.G.A. § 48-8-49) or Ga. L. 1951, p. 360, § 17 or Ga. L. 1951, p. 360, § 18 (see now O.C.G.A. §§ 48-8-8,48-8-9, and 48-811). Undercofler v. Eastern Air Lines, 221 Ga. 824, 147 S.E.2d 436 (1966) (decided under Ga. L. 1951, p. 360, § 17).

Power of commissioner to rely on outside sources when taxpayer's records unavailable.

- Whole thrust of Ga. L. 1951, p. 360, § 18 (see now O.C.G.A. §§ 48-8-8,48-8-9, and 48-811) is to authorize the commissioner to make an assessment based upon whatever outside information the commissioner can locate when the commissioner does not have the benefit of the best source, the taxpayer's own records, because the taxpayer has refused to permit examination of the books or answer questions, first at the place of business, then after a formal notice. Anderson v. Blackmon, 123 Ga. App. 128, 179 S.E.2d 657 (1970) (decided under Ga. L. 1951, p. 360, § 17).

When commissioner must invoke formal procedures to gain access to tax information.

- Only when a dealer refuses to allow on-site examination of records, the most expeditious and least disruptive way to conduct an audit, need the commissioner invoke the formal notice to produce records or to subpoena employees in order to gain information from which the dealer can make a reasonably accurate assessment. Anderson v. Blackmon, 123 Ga. App. 128, 179 S.E.2d 657 (1970) (decided under Ga. L. 1951, p. 360, § 17).

Hearing under

§ 48-8-55 not required when tax records are known to be insufficient. - Ga. L. 1951, p. 360, § 18 (see now O.C.G.A. §§ 48-8-8,48-8-9, and 48-811) sets out the procedures which must be exhausted before the commissioner can make an assessment without regard to the taxpayer's records, but does not require a useless notice and hearing when the dealer voluntarily opened records to the field auditors, the records were found insufficient, and the commissioner, with the taxpayer's knowledge, resorted to additional sources of information to compute the tax liability. Anderson v. Blackmon, 123 Ga. App. 128, 179 S.E.2d 657 (1970) (decided under Ga. L. 1951, p. 360, § 17).

Cited in Bagley v. State, 161 Ga. App. 688, 288 S.E.2d 332 (1982).

OPINIONS OF THE ATTORNEY GENERAL

Limits on duty to maintain tax records.

- State law requires that tax records be kept for a period of three years only and that requirement is with respect to sales tax information only. 1969 Op. Att'y Gen. No. 69-288.

RESEARCH REFERENCES

Am. Jur. 2d.

- 67B Am. Jur. 2d, Sales and Use Taxes, § 205.

No results found for Georgia Code 48-8-52.