The Office of the State Treasurer is authorized to pay, on the order of the commissioner, claims for refunds of cigar, cigarette, loose or smokeless tobacco, alternative nicotine product, or vapor product taxes found by the commissioner or the courts to be due any distributor, dealer, or taxpayer. The commissioner, upon proof satisfactory to the commissioner and in accordance with regulations promulgated by the commissioner, shall refund the cost price of stamps affixed to any package of cigars, cigarettes, or loose or smokeless tobacco or shall refund the tax paid on cigars, loose or smokeless tobacco, alternative nicotine products, or vapor products under the alternate method when the cigars, cigarettes, loose or smokeless tobacco, alternative nicotine products, or vapor products have become unfit for use, consumption, or sale and have been destroyed or shipped out of this state.
History. Ga. L. 1955, p. 268, § 21; Ga. L. 1964, p. 50, § 3; Ga. L. 1967, p. 563, § 11; Code 1933, § 91A-5518, enacted by Ga. L. 1978, p. 309, § 2; Ga. L. 1982, p. 3, § 48; Ga. L. 1993, p. 1402, § 18; Ga. L. 2003, p. 665, § 30; Ga. L. 2010, p. 863, § 2/SB 296; Ga. L. 2017, p. 774, § 48/HB 323; Ga. L. 2020, p. 257, § 2/SB 375.
The 2020 amendment, effective January 1, 2021, deleted “or” preceding “loose” three times; inserted “, alternative nicotine product, or vapor product” in the first sentence; and, in the last sentence, inserted “, alternative nicotine products, or vapor products” twice, and substituted “have” for “has” twice.
Editor’s notes.
Ga. L. 2003, p. 665, § 1, not codified by the General Assembly, provides that: “This Act shall be known and may be cited as the ‘State and Local Tax Revision Act of 2003.’ ”
Law reviews.
For note as to the voluntary payment doctrine in Georgia, see 16 Ga. L. Rev. 893 (1982).
Structure Georgia Code
Title 48 - Revenue and Taxation
Chapter 11 - Taxes on Tobacco and Vaping Products
§ 48-11-7. Execution of Bonds by Distributor; Surety
§ 48-11-20. Venue as to Violations of Chapter; Commissioner’s Certificate as Prima-Facie Evidence
§ 48-11-21. Jurisdiction of Superior Courts of Criminal Violations of Chapter
§ 48-11-23. Transporting Tobacco or Vaping Products in Violation of Code Section 48-11-22; Penalty
§ 48-11-25. Violations of Chapter; Penalties
§ 48-11-26. Failure to File Report or Filing False Report Required by Chapter; Penalty
§ 48-11-27. False Entries on Invoices or Records Pursuant to Chapter; Penalty
§ 48-11-30. Penalty for Sale or Possession of Counterfeit Cigarettes