Rule 560-12-1-.25 - Refunds(1) An overpayment of sales tax paid to the State as a result of tangible personal property returned by the purchaser may be refunded to the dealer in one of two ways. (a) In cases where the property has been returned to the dealer within ninety (90) days of the original sale, the dealer may deduct the amount of such sale or sales on the appropriate line of Schedule of Exempt Sales in submitting the Sales and Use Tax Report for the period in which the purchaser was given credit for the original purchase price.(b) Where the property has been returned to the dealer after ninety (90) days following the original sale, the dealer may request a credit memorandum for use against subsequent taxes. Upon approval of such request, the dealer will be furnished with a credit memorandum authorizing a deduction on the appropriate line of the Sales and Use Tax Report.(c) Where a dealer gives credit for returned tangible personal property, such dealer shall maintain for a period of three years adequate records showing the date of the original sale, description of the tangible personal property, the sales price, amount of sales tax collected, date the tangible personal property was returned, and a receipt from the purchaser showing the amounts refunded by the dealer.(d) Where the dealer has discontinued business or it is impracticable to take credit against subsequent taxes due within a reasonable time, such dealer may request a check in lieu of a credit memorandum.(2) In the case of taxes illegally or erroneously collected, the dealer may secure a refund as provided in O.C.G.A. Section 48-2-35, provided, however, the dealer must affirmatively show that the tax so illegally or erroneously collected was paid by him and not paid by the consumer, or that such tax was collected from the consumer as tax and has since been refunded to the consumer.Ga. Comp. R. & Regs. R. 560-12-1-.25
O.C.G.A. Secs. 48-2-12, 48-2-35, 48-8-58.
Original Rule entitled "Refunds" was filed and effective on June 30, 1965.Amended: Rule repealed and a new Rule of the same title adopted.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.Amended: Filed March 25, 1987; effective April 14, 1987.Amended: F. Feb. 5, 1991; eff. Feb. 25, 1991.Amended: F. Jun. 17, 1994; eff. July 7, 1994.