Georgia sales tax audit casual sale exemption
If you are a retailer of food and/or food services, is a one-time sale of a desk at retail subject to sales tax? Using the definition of a casual sale, the answer would be no. If you are undergoing a sales tax audit and the audit is applying sales tax on items that are unrelated to your core business, you might need to explore the casual sale rule.
A sale that meets the definition of “casual sale” is not subject to sales tax. Please refer to Ga. Comp. R. & Regs. r. 560-12-1-.07 for the definition of “casual sale.” For purposes of the casual sale regulation, “business” means any activity engaged in by any person or caused to be engaged in by any person with the object of direct or indirect gain, benefit, or advantage. O.C.G.A. § 48-8-2(4).
Georgia sales tax audit casual sale exemption
