Rule 560-12-1-.22 - Filing and Remittance Requirements(1)Initial Filing. Sales and use tax returns shall be filed on a calendar month basis during the first six (6) months from the date of registration. The initial return shall cover the month indicated on the registration application or the first month of the first transaction, whichever occurs earlier.(2)Filing Status Changes. Following the first six (6) months from the registration date, or any date thereafter, dealers may be permitted to file sales and use tax returns on a quarterly, annual or special period basis as specified below. The dealer must request permission in writing and receive written approval by the Commissioner or his designee. A change in filing basis will become effective with the first month, calendar quarter or year, as applicable, following the date of the Commissioner's approval. (a)Quarterly Filing. Dealers whose sales and use tax liability for a consecutive six (6) month period has averaged less than $200.00 per month may be permitted to file returns and make remittance therewith on a quarterly basis. Such returns shall cover three (3) calendar months ending on the last day of March, June, September, and December.(b)Annual Filing. Dealers whose sales and use tax liability for a consecutive six (6) month period has averaged less than $50.00 per month may be permitted to file returns and make remittance therewith on an annual basis. Such return shall cover the preceding twelve (12) months ending on the last day of the calendar year.(c)Special Period Filing. Dealers may be permitted to file the sales and use tax returns on a special period other than monthly after submitting a written request establishing reasonable grounds and having received written permission from the Commissioner or his designee. Dealers permitted to file on a special period basis must submit annually by November 1 to the Department the specific reporting periods for the next calender year. Failure to submit the annual reporting periods to the Department timely may result in the loss of this privilege.(3)Commissioner Ordered Filing Status Changes. If a dealer's tax liability exceeds the limitations established for quarterly or annual filing, or if the Commissioner should determine that a loss of revenue might result from permitting such dealer to file on a quarterly or annual basis, the Commissioner may require such dealer to return to a monthly or quarterly filing basis. Failure to file a quarterly, annual or special period report on time or to remit the taxes due therewith shall be grounds for returning the dealer to a monthly or quarterly filing basis.(4) Amount of Remittance. The amount remitted shall be the total amount of the tax which should have been collected or which has accrued in accordance with the provisions of the Act or Regulations, less any amount due the vendor as vendor's compensation as authorized by O.C.G.A. § 48-8-50.(5)Vendor's Compensation. Dealers filing returns in accordance with O.C.G.A. §§ 48-8-49 and 48-8-50 and all other provisions of the Act and in a timely manner in accordance with Paragraph (6) below will be entitled to retain a percentage of the tax as vendor's compensation as specified by O.C.G.A. § 48-8-50. Dealers granted the right to file on a special period, quarterly or annual basis shall be allowed vendor's compensation on the same basis as monthly filers.(6)Timely Returns and Remittances.(a) Except as provided for in Paragraph (6)(d) of this regulation, monthly, quarterly, annual or special period returns and remittances shall be considered timely when filed on or before 20 days following the last day of the reporting period.(b) When a return and remittance are forwarded by United States mail, the post office cancellation date on the envelope shall be considered the date the return was filed.(c) When the last day for timely filing a report falls on Saturday or Sunday, or State holiday in Georgia, the dealer shall have through the next business day to timely file and make remittance.(d) Remittances made under electronic funds transfer shall be considered timely when made in accordance with Revenue Rule 560-3-2-.26 entitled Electronic Funds Transfer Payments; Procedures. Remittances shall be delinquent if made after such time.(7)Delinquent Returns, Penalties and Interest. Any return or remittance that is deemed delinquent shall result in the loss of vendor's compensation and shall accrue penalty and interest in accordance with O.C.G.A.§§ 48-2-40 and 48-8-66. Dealers granted the right to file on a quarterly, annual or special period basis shall be subject to penalty and interest on the same basis as monthly filers.(8)Final Returns. If a dealer discontinues business or disposes of the entire stock of goods, the final return and remittance shall be due within fifteen (15) days of such discontinuation or disposal.Ga. Comp. R. & Regs. R. 560-12-1-.22
Ga. L. 1937-38. Extra Sess., pp. 77, et seq., as amended (Ga. Code Ann., Secs. 92-8405, 8406, 8409, 8427); Ga. L. 1951, pp. 360, 385 (Ga. Code Ann., Sec. 92-3438a). O.C.G.A. Secs. 48-2-12, 48-2-32, 48-2-39, 48-2-40, 48-8-46, 48-8-49, 48-8-50 and 48-8-66.
Original Rule entitled "Monthly Returns" was filed and effective on June 30, 1965.Amended: Rule repealed and a new Rule of the same title adopted. Filed August 26, 1974; effective September 15, 1974.Repealed: New Rule entitled "Filing and Remittance Requirements" adopted. F. Jul. 15, 1999; eff. Aug. 4, 1999.