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 560-12-7 - EDUCATIONAL LOCAL OPTION TAX
Rule 560-12-7-.10 - Determination of Entitlement and Certification of Distribution

Universal Citation: GA Rules and Regs r 560-12-7-.10

Current through Rules and Regulations filed through March 20, 2024

(1) Funds will be certified for disbursement by the Revenue Commissioner pursuant to this Act only to those county and/or independent school board(s) whose election superintendent has certified to the Revenue Commissioner their qualifications and entitlement to receive disbursements thereunder. A copy of the referendum certified by the election superintendent forwarded to the Revenue Commissioner by either the Secretary of State's office or the election superintendent shall constitute such certification.

(2) The distribution percentage for each school district shall be based upon one of the following methods:

(a) The ratio that the student enrollment in each school district, or portion thereof, bears to the total student enrollment as established by the last FT count prior to the imposition of the tax; or

(b) Any local legislation enacted to provide for a specific distribution formula.

(3) The Commissioner shall distribute the tax proceeds in accordance with a certificate of distribution which shall be executed on behalf of each respective county and/or independent school board within the taxing district.

(a) This Certificate of Distribution shall be submitted in writing to the Commissioner within 60 days of the tax being approved by the voters within such taxing district.

(b) A new Certificate of Distribution shall be submitted to the Commissioner for any new or continuing Educational Local Option Tax within such taxing district.

(c) A Certificate of Distribution must contain a total of specified percentages or other allocation equal to one hundred percent of the tax proceeds eligible for distribution.

O.C.G.A. Secs. 48-2-12, 48-8-141.

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