Compilation of Rules and Regulations of the State of Georgia
Department 560 - RULES OF DEPARTMENT OF REVENUE
Chapter 560-12 - SALES AND USE TAX DIVISION
Subject 560-12-1 - ADMINISTRATIVE RULES AND REGULATIONS
Rule 560-12-1-.21 - Leases or Rentals
Universal Citation: GA Rules and Regs r 560-12-1-.21
Current through Rules and Regulations filed through March 20, 2024
(1) Any person engaged in the business of leasing or renting tangible personal property is required to register as a dealer and is required to collect and remit the tax on gross lease or rental charges. Tangible personal property purchased exclusively for lease or rental to others may be purchased tax exempt under Certificates of Exemption.
(2)
(a)
Where tangible personal property is delivered to a lessee in this State, the
tax applies to the gross lease or rental charge for the term of the lease,
irrespective of the fact that the tangible personal property may be later
removed from this State.
(b) Any
renewal of a lease of such property in this State is subject to the tax in the
same manner as the original lease.
(c) Where the right to purchase leased
property is included in a lease agreement, the dealer is liable for the tax on
the gross lease or rental charges during the term of the lease and on the sale
price of the property at the time of sale.
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).
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