§ 62-353. Energy excise tax rate and phase-in.  


Latest version.
  • (a)

    The rate of the excise tax levied and collected pursuant to this article shall be phased in over a four-year period as directed by the O.C.G.A., §§ 48-13-112(a)(3) and 48-13-112(b) and as set forth below:

    (1)

    For the period commencing January 1, 2013, and concluding at the last moment of December 31, 2013, such excise tax shall be at a rate equivalent to 25 percent of the total amount of local sales and use tax in effect in city that would be collected on the sale, use, storage, or consumption of energy but for the exemption in O.C.G.A., § 48-8-3.2;

    (2)

    For the period commencing January 1, 2014, and concluding at the last moment of December 31, 2014, such excise tax shall be at a rate equivalent to 50 percent of the total amount of local sales and use tax in effect in the city that would be collected on the sale, use, storage, or consumption of energy but for the exemption in O.C.G.A., § 48-8-3.2;

    (3)

    For the period commencing January 1, 2015, and concluding at the last moment of December 31, 2015, such excise tax shall be at a rate equivalent to 75 percent of the total amount of local sales and use tax in effect in the city that would be collected on the sale, use, storage, or consumption of energy but for the exemption in O.C.G.A., § 48-8-3.2; and

    (4)

    On or after January 1, 2016, such excise tax shall be at a rate equivalent to 100 percent of the total amount of local sales and use tax in effect in the city that would be collected on the sale, use, storage, or consumption of energy but for the exemption in O.C.G.A., § 48-8-3.2.

    (b)

    In accordance with O.C.G.A., § 48-8-3.2(c)(4), if a project of regional significance under O.C.G.A., § 48-8-3(92) is started in the city, it shall not be subject to the phase-in period contained in paragraphs (1), (2), and (3) of subsection (a) of this section, and the sale, use, storage, or consumption of energy in connection therewith shall be subject to the rate specified in paragraph (4) of subsection (a) of this section notwithstanding the January 1, 2016 limitation in that paragraph (4).

    (c)

    Following such initial imposition during the phase-in time period, on or after January 1, 2016, the rate of the excise tax levied and collected by the city shall be directed by O.C.G.A., § 48-13-112(d). Such rate shall be controlled by the maximum amount of local sales and use tax in effect in the city, but in no event more than two percent.

    (d)

    In the event the total rate of local sales and use taxes in effect in the city decreases from two percent to one percent, the rate of the excise tax under this article shall likewise be reduced at the same time such local sales and use tax rate reduction becomes effective.

    (e)

    In the event the total rate of local sales and use taxes in effect in the city increases from one percent to two percent, the rate of the excise tax under this article shall likewise be increased at the same time such local sales and use tax rate increase becomes effective.

(Ord. No. 2012-0924-4, § 1, 9-24-12)