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 560-12-2 - SUBSTANTIVE RULES AND REGULATIONS
Rule 560-12-2-.97 - Training Schools
Universal Citation: GA Rules and Regs r 560-12-2-.97
Current through Rules and Regulations filed through March 20, 2024
(1) Pilot Training Schools.
(a) Persons operating
pilot training schools providing classroom, ground and flight instructions,
including a given number of hours flight time for which no separate charge is
made, are primarily engaged in providing services. Such persons are deemed to
be consumers of all tangible personal property (including aircraft) purchased
and used in providing such services and shall pay the tax thereon at the time
of purchase.
(b) Persons operating
pilot training schools providing classroom, ground and flight instructions, and
exclusively following the practice of separately charging for aircraft flight
time including both solo and dual instruction, are engaged both in providing
services and in the rental of tangible personal property. Considering the
record keeping requirements imposed by various governmental and regulatory
agencies, such persons may elect to treat all such aircraft flight time which
is a part of the training program as a rental of aircraft to the student. Such
rental, however, must be at arm's length and based upon fair rental value. To
qualify for this election, the practice of separately charging for aircraft
flight time must exclusively be followed both with respect to all aircraft and
all students. Aircraft (as well as accessories, tires, and repair parts
therefor) employed exclusively in these type operations may be purchased for
resale, free of sales or use tax. All other tangible personal property
purchased and use in operation of the schools shall be taxable to same as the
consumer thereof.
1. This election will only
be available to those schools which are either appropriately certificated by
the FAA as pilot training schools, or operating under FAR Part 61 with an
established base of operations. Such persons must provide evidence satisfactory
to the Commissioner of compliance with this requirement.
(c) Those schools operating under paragraph
(a) which go beyond the rendition of services and lease or rent aircraft to
licensed pilots and all schools operating under paragraph (b) shall register as
a dealer, collect and remit the tax on the gross lease or rental
charge.
(d) The sale of used
aircraft and other tangible personal property is subject to the tax.
(2) Vocational Training Schools.
(a) Persons operating vocational schools are
primarily engaged in providing services consisting of classroom instructions
and the use of various types of equipment, tools, books, etc. Such persons are
deemed to be consumers of all tangible personal property used, consumed, or
furnished to students for use in their studies and shall pay the tax thereon at
the time of purchase.
(b) When a
school purchases equipment, tools, or other tangible personal property for
resale to students, it shall register as a dealer, collect and remit the tax
thereon.
O.C.G.A. Sec. 48-2-12, Ch. 48-8.
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