Compilation of Rules and Regulations of the State of Georgia › Department 560 - RULES OF DEPARTMENT OF REVENUE › Chapter 560-11 - LOCAL GOVERNMENT SERVICES DIVISION › Subject 560-11-14 - STATE AND LOCAL TITLE AD VALOREM TAX FEE › Rule 560-11-14-.01 - Definitions

Current through Rules and Regulations filed through June 27, 2024
(1) As used in
				O.C.G.A. §
									48-5C-1 and  in these regulations, the term:
(a)
				"Commercial motor vehicle" shall have the same meaning as provided for in
				O.C.G.A. § 40-1-8.3.
(b)
				"Commissioner" means the State Revenue Commissioner.
(c) "County tag agent" or "tag agent" means
				those persons that have been designated as tag agents of the commissioner as
				provided for in O.C.G.A. §
										40-2-23.
(d) "Date of purchase" means the date so
				provided on the application for certificate of title.
(e) "Dealer" or "dealership" shall have the
				same meaning as a dealer of new or used motor vehicles as provided for in
				O.C.G.A. §
										40-3-2(3).
(f) "Department" means the Department of
				Revenue.
(g) "Electronic Title and
				Registration" means an electronic process by which a dealer, through a vendor
				authorized by the commissioner, initiates the motor vehicle titling and
				registration process and by which the application for certificate of title is
				considered received by the county tag agent.
(h) "Fair market value" means:
1. For a new motor vehicle the retail
				selling, less any reduction for the trade-in value of another motor vehicle and
				any rebate. The retail selling price shall include any charges for labor,
				freight, delivery, dealer fees, and similar charges, tangible accessories,
				dealer add-ons, and mark-ups, but shall not include any federal retailers'
				excise tax or extended warranty, service contract, maintenance agreement, or
				similar products itemized on the dealer's invoice to the customer or any
				finance, insurance, and interest charges for deferred payments billed
				separately. No reduction for the trade-in value of another motor vehicle shall
				be taken unless the name of the owner and the vehicle identification number of
				such trade-in motor vehicle are shown on the bill of sale;
2. For a motor vehicle that is leased:
(A) In the case of a motor vehicle that is
				leased to a lessee for use primarily in the lessee's trade or business and for
				which the lease agreement contains a provision for the adjustment of the rental
				price as described in Code Section
				 40-3-60, the agreed upon value of the motor vehicle less any reduction for the trade-in
				value of another motor vehicle, including any vehicle(s) owned by the lessor,
				and any rebate; or
(B) In the case
				of a motor vehicle that is leased other than described in part (1)(h)2.(A) of
				this regulation, the total of the depreciation plus any amortized amounts
				pursuant to the lease agreement plus any down payments. The term "any down
				payments" as used in this subparagraph means cash collected from the lessee at
				the inception of the lease which shall include cash supplied as a capital cost
				reduction; shall not include rebates, noncash credits, or net trade allowances;
				and shall include any upfront payments collected from the lessee at the
				inception of the lease except for taxes or fees imposed by law and monthly
				lease payments made in advance.
3. For a used motor vehicle purchased from a
				new or used car dealer other than under a seller financed sale arrangement, the
				retail selling price of the motor vehicle, less any reduction for the trade-in
				value of another motor vehicle. The retail selling price shall include any
				charges for labor, freight, delivery, dealer fees and similar charges, tangible
				accessories, dealer add-ons, and mark-ups, but shall not include any federal
				retailers' excise tax or extended warranty, service contract, maintenance
				agreement, or similar products itemized on the dealer's invoice to the customer
				or any finance, insurance, and interest charges for deferred payments billed
				separately. No reduction for the trade-in value of another motor vehicle shall
				be taken unless the name of the owner and the vehicle identification number of
				such trade-in motor vehicle are shown on the bill of sale.
4. For a used motor vehicle purchased from a
				person other than a new or used car dealer or purchased under a seller financed
				sale arrangement, the average of the current fair market value and the current
				wholesale value of a motor vehicle for a vehicle listed in the current motor
				vehicle ad valorem assessment manual utilized by the state revenue commissioner
				and based upon a nationally recognized motor vehicle industry pricing guide for
				fair market and wholesale market values in determining the taxable value of a
				motor vehicle under Code Section
				 48-5-442;
				provided, however, that, if the motor vehicle is not listed in such current
				motor vehicle ad valorem assessment manual, the fair market value shall be the
				value from a reputable used car market guide designated by the commissioner
				and, in the case of a motor vehicle purchased from a new or used car dealer
				under a seller financed sale arrangement, less any reduction for the trade-in
				value of another motor vehicle.
(i) "Immediate family member" means a spouse,
				parent, child, sibling, grandparent, or grandchild and includes those who have
				attained such immediate family member status through a legal determination
				recognized in this state.
(j)
				"International Registration Plan" means the international reciprocal
				registration agreement for commercial motor vehicles and all amendments thereto
				as provided for in O.C.G.A. §
										40-2-88.
(k) "Loaner vehicle" means a motor vehicle
				owned by a dealer which is withdrawn temporarily from dealer inventory for
				exclusive use as a courtesy vehicle loaned at no charge for a period not to
				exceed thirty (30) days within a 366-day period to any one customer whose motor
				vehicle is being serviced by such dealer.
(l) "Motor vehicle" shall have the same
				meaning as provided for in O.C.G.A. §
										40-1-1(33).
(m) "New motor vehicle" shall have the same
				meaning as provided for in O.C.G.A. §
										40-1-1(34).
(n) "Month" means a period of thirty (30)
				consecutive calendar days.
(o)
				"Owner" shall have the same meaning as provided for in O.C.G.A. §
										40-1-1(39).
(p) "Person" means any individual, firm,
				partnership, cooperative, nonprofit membership corporation, joint venture,
				association, company, corporation, agency, syndicate, estate, trust, business
				trust, receiver, fiduciary, or other group or combination acting as a unit,
				body politic, or political subdivision, whether public, private, or
				quasi-public.
(q) "Proceeds" means
				the combined state ad valorem title tax fee, local ad valorem title tax fee,
				administrative fee, penalties, and interest.
(r) "Rebuilt title" shall have the same
				meaning as provided for in O.C.G.A. §
										40-3-37.
(s) "Rental charge" means the title value
				received by a rental motor vehicle concern for the rental or lease for
				thirty-one (31) or fewer consecutive days of a rental motor vehicle, including
				the total cash and nonmonetary consideration for the rental or lease,
				including, but not limited to, charges based on time or mileage and charges for
				insurance coverage or collision damage waiver but excluding all charges for
				motor fuel taxes or sales and use taxes.
(t) "Rental motor vehicle" means a motor
				vehicle designed to carry fifteen (15) or fewer passengers and used primarily
				for the transportation of persons that is rented or leased without a
				driver.
(u) "Rental motor vehicle
				concern" means a person or legal entity which owns or leases five (5) or more
				rental motor vehicles and which regularly rents or leases such vehicles to the
				public for value.
(v) "Salvage
				motor vehicle" shall have the same meaning as provided for in O.C.G.A. §
										40-3-2(11).
(w) "Salvage title" shall have the same
				meaning as provided for in O.C.G.A. §
										40-3-36.
(x) "Sales and use tax" means combined state
				and local sales and use tax as imposed by Chapter 8 of Title 48, unless
				otherwise specifically provided for in O.C.G.A. §
										48-5C-1 or  these regulations to refer only to state sales and use tax, or local sales
				and use tax, respectively.
(y) "Tax
				collector" or "tax commissioner" means those persons that have been designated
				as tag agents of the commissioner as provided for in O.C.G.A. §
										40-2-23.
(z) "Used motor vehicle" shall have the same
				meaning as provided for in O.C.G.A. §
										40-1-1(74).