§ 48-8-75 — Purchaser's immunity from liability for failure to pay correct sales tax under certain circumstances

(a) A purchaser shall be relieved from liability for penalty for having failed to pay the correct amount of sales or use tax if: (1) A purchaser's seller or certified service provider relied on erroneous data provided by this state on tax rates, boundaries, taxing jurisdiction assignments, or in the taxability matrix completed by this state; (2) A purchaser holding a direct pay permit relied on erroneous data provided by this state on tax rates, boundaries, taxing jurisdiction assignments, or in the taxability matrix completed by this state; (3) A purchaser relied on erroneous data provided by this state in the taxability matrix completed by this state; or (4) A purchaser using data bases provided by this state relied on erroneous data provided by this state on tax rates, boundaries, or taxing jurisdiction assignments. (b) A purchaser shall be relieved from liability for tax and interest for having failed to pay the correct amount of sales or use tax in the circumstances described in subsection (a) of this Code section provided that, with respect to reliance on the taxability matrix completed by this state, such relief is limited to the state's erroneous classification in the taxability matrix of terms included in the Library of Definitions as "taxable" or "exempt," "included in sales price," or "excluded from sales price" or "included in the definition" or "excluded from the definition."

Legislative History

Amended by 2014 Ga. Laws 669,§ 48, eff. 4/29/2014. Added by 2010 Ga. Laws 507,§ 18, eff. 7/1/2011.