No person engaged in making retail sales shall advertise or represent to the public in any manner directly or indirectly that he or she will absorb all or any part of the tax or that he or she will relieve the purchaser of the payment of all or any part of the tax imposed by this article unless:
If a retailer advertises that any portion of the tax not paid by the purchaser will be remitted on the purchaser’s behalf by the retailer, the retailer shall be solely liable for and shall pay that portion of the tax. If a dealer or retailer complies with the provisions of this Code section and pays the absorbed tax over to the commissioner as provided by law, the dealer or retailer shall be deemed to have complied with the provisions of this article requiring collection of the tax from the purchaser or consumer.
History. Ga. L. 1951, p. 360, § 12; Ga. L. 1960, p. 153, § 5; Code 1933, § 91A-4514, enacted by Ga. L. 1978, p. 309, § 2; Ga. L. 2012, p. 954, § 1/SB 332.
Structure Georgia Code
Title 48 - Revenue and Taxation
Chapter 8 - Sales and Use Taxes
Article 1 - State Sales and Use Tax
Part 2 - Imposition, Rate, Collection, and Assessment
§ 48-8-30. Imposition of Tax; Rates; Collection
§ 48-8-31. Tax Computation to Be Carried to Third Decimal Place; Rounding
§ 48-8-32. Tax Collectable From Dealers; Rate for Retail Sales Price and Purchase Price
§ 48-8-37. Violation of Code Section 48-8-36; Penalty
§ 48-8-40. Effect of Sales From Commingled Goods When Certificate Given for Portion of Goods
§ 48-8-43. Disposition of Taxes Collected in Excess of 4 Percent
§ 48-8-44. Payment of Tax When Used Articles Taken as Credit on Sale of New and Used Articles
§ 48-8-48. Violation of Code Sections 48-8-46 and 48-8-47; Penalty
§ 48-8-49.1. Direct Pay Permit Program
§ 48-8-50. Compensation of Dealers for Reporting and Paying Tax; Reimbursement Deduction
§ 48-8-53. Duty of Wholesalers and Jobbers to Keep Records; Contents; Inspection by Commissioner
§ 48-8-56. Period of Delinquency of Unpaid Taxes; Issuance of Fi. Fa. for Collection
§ 48-8-64. Time for Assessment
§ 48-8-68. Relief From Liability in Certain Circumstances for Failure to Collect Tax at New Rate
§ 48-8-69. Purchases From Printed Catalogs; Local Jurisdiction Boundary Changes
§ 48-8-72. Over-Collected Sales or Use Tax
§ 48-8-74. Effective Date for Sales Tax Rate Change
§ 48-8-77.1. Certification of Review Software by Department; Relief From Liability