Ga. Comp. R. & Regs. R. 560-12-2-.87 - Machinery for Reducing Air or Water Pollution
(1) The sale of machinery or equipment that
is used for the primary purpose of reducing or eliminating air or water
pollution, or any repair, replacement, or component parts for such machinery or
equipment, is exempt from tax.
(2)
The exemption applies only to tangible personal property that remains tangible
personal property after installation.
(3) Any person making a sale of such
machinery, equipment, or parts must remit tax unless the purchaser furnishes
the seller with a Form ST-M8 Certificate of Exemption, certifying that the
purchaser is entitled to purchase such machinery, equipment, and parts without
paying tax. A purchaser may obtain Form ST-M8 Certificate of Exemption by
completing and submitting to the Department Form ST-M7.
(4) Pursuant to O.C.G.A. §
48-8-63, a contractor must pay the tax when purchasing such machinery, equipment, or
parts. However, the ultimate owner of the property may file a claim for refund
of such tax.
(5) Claims for refund
must be filed within three (3) years following date of payment of tax to the
Department. If a taxpayer seeks a refund of taxes paid on a purchase made prior
to obtaining and using Form ST-M8, then the refund will be made without
interest.
(6) Taxpayers selling or
acquiring machinery, equipment, and parts under this exemption must maintain
records of the sale.
Notes
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