The Georgia ATT-21 form serves as a Tobacco Distributors Tax Stamp Bond, designed to ensure that tobacco distributors firmly commit to the full payment of taxes for tobacco stamps purchased. This vital document binds the distributor and their surety to the Georgia Department of Revenue, guaranteeing compliance with state tax obligations. It outlines the conditions under which the bond remains effective and specifies the process for cancellation, thereby safeguarding the state's financial interests.
In the realm of tobacco distribution within Georgia, the Georgia ATT-21 form plays a crucial role, acting as a safety net that ensures the continuity of tax obligations are met by distributors. This document, officially known as the Tobacco Distributors Tax Stamp Bond, is a binding agreement between a tobacco distributor, referred to as the Principal, and the Surety—usually an insurance company—on the other side. The bond, essentially a promise, guarantees to the Georgia Revenue Commissioner and the state’s Department of Revenue that all tobacco tax stamps purchased by the Principal during the specified fiscal year ending June 30th will be fully paid for. The stakes are high, with the bond amount symbolizing the financial assurance the Principal and Surety provide to the state, underscoring their joint and several liabilities. The terms outlined clarify that the obligation will be null and void if all dues are cleared within the designated period, staying otherwise active. Additionally, the contract includes a provision for the Surety to opt-out, requiring a 60-day notice to both the Georgia Revenue Commissioner and the Principal, albeit retaining liability for actions prior to the cancellation’s effectiveness. Originating from legislation approved on March 4, 1970, the bond is steeped in legal precedent, designed to align with the state laws governing tobacco taxes and their enforcement. This intricate mechanism not only underpins the fiscal responsibility of tobacco distributors but also encapsulates a broader commitment to ensure that the financial interactions within this sector are governed by a framework of accountability and compliance.
ATT-21
Rev. (12/09)
BOND NO.
Department of Revenue
Alcohol & Tobacco Division
Audit and Regulatory Section
1800 Century Center Blvd. N.E.
P. O. Box 49728
Atlanta, Georgia 30359
Telephone: (404) 417-4870
FAX: (404) 417-4871
TOBACCO DISTRIBUTORS TAX STAMP BOND
Know all men by these presents that we,
(Name of Distributor)
of
a licensed wholesale tobacco distributor, as Principal and
(Location)
, as Surety, are held and firmly bound unto the
(Name of Surety)
Georgia Revenue Commissioner and the Department of Revenue of the State of Georgia, in the sum of
$
, for which payment the said Principal
(Written Amount)
(Numeric Amount)
and Surety bind themselves and their legal representatives, successors and assigns, jointly and severally.
The condition of the foregoing obligation is as follows:
WHEREAS, the Principal does unconditionally guarantee to the Georgia Commissioner of Revenue and the Department of Revenue, State of Georgia, full payment for all tobacco tax stamps purchased during the fiscal year ending
JUNE 30, 20
.
NOW, THEREFORE, if the Principal pays for such purchases of tobacco tax stamps when due, then this bond shall be void; otherwise to remain in full force and effect, with respect to all such tax stamp purchases within the above limits.
The Surety may cancel this bond by giving written notice to the Georgia Revenue Commissioner and to the Principal by certified or registered mail, return receipt requested, in which event the cancellation shall be effective sixty (60) days after the Georgia Revenue Commissioner and the Principal shall have received such notice, the Surety remaining liable, however, subject to the terms, conditions and provisions hereof for any purchases or acts covered hereby which may have been committed prior to the effective date of such cancellation.
This bond is given pursuant to an Act approved March 4, 1970 (GA. Laws 1970, p.146) and shall be construed in conformity therewith.
IN WITNESS WHEREOF, the
(Surety)
has caused this bond to be signed by its Attorney in Fact and its Corporate Seal be hereunto affixed
this
, 20
(Principal)
By
(Attorney In Fact)
NOTE: The official or attorney in fact signing for Surety shall attach to the original bond a certified copy of authority or power to bind the Surety. It shall show that the power is in force and effect at the time of the execution of the bond.
Filling out the Georgia ATT-21 form is a pivotal step for tobacco distributors operating within the state. This document is designed to ensure that distributors are bonded, guaranteeing their commitment to adhere to tax payments on tobacco products. The purpose of the bond is to safeguard the state's financial interests, making sure that all tobacco taxes due are fully paid within the specified timeframe. Given its importance, it's crucial to approach this process with accuracy and attention to detail, following each step carefully to ensure compliance and avoid potential setbacks.
Once the form is filled out, the next steps involve a review and submission process. It's essential to go over the details provided, ensuring that each piece of information is accurate and fully compliant with the requirements laid out in the Georgia ATT-21 form guidelines. The completed form, along with the required certified authority document, should be submitted to the Department of Revenue's Alcohol & Tobacco Division at the specified address. Timely and accurate submission is key to maintaining compliance and ensuring that the distributor's operations continue without interruption. Remember, the bond is a critical component in the regulatory framework, designed to protect both the state's interests and the integrity of the tobacco distribution system.
When handling the complexities of tobacco distribution in Georgia, filling out the Georgia ATT-21 form correctly is crucial for staying compliant with state regulations. Below are some of the most common questions about this form, providing you the guidance you need.
What is the Georgia ATT-21 form used for?
The Georgia ATT-21 form, also known as the Tobacco Distributors Tax Stamp Bond form, is used by wholesale tobacco distributors. This form serves as a guarantee to the Georgia Department of Revenue that the distributor will pay for all tobacco tax stamps purchased during the fiscal year. Essentially, it's a bond that backs up the promise to make necessary payments on time.
Who needs to file this form?
Any licensed wholesale tobacco distributor in Georgia needs to file this form. It's a mandatory step in ensuring that you are operating within the legal boundaries set by the state for the distribution of tobacco products.
What are the main components of the ATT-21 form?
The ATT-21 form requires the name and location of the distributor (the principal) and the surety, the bond amount both in written and numeric form, and the signatures of the parties involved, including an attorney-in-fact if applicable. Additionally, a certified copy of the authority empowering the attorney-in-fact to bind the surety must be attached.
How is the bond amount determined?
The bond amount is determined by the Georgia Department of Revenue. It generally depends on the volume of tobacco sales and purchases. Distributors should consult with the Department to understand the specific amount required for their operations.
What happens if the distributor fails to pay for the tobacco tax stamps?
If the distributor does not pay for the tobacco tax stamps as agreed, the bond remains in full force, and the surety alongside the distributor is responsible for covering the due amount. This form acts as a financial safety net for the state, ensuring that tax obligations are met.
Can the bond be cancelled?
Yes, the surety can cancel the bond by providing written notice to both the Georgia Revenue Commissioner and the distributor. However, the cancellation only becomes effective 60 days after the notice is received, and the surety may still be liable for any actions that occurred prior to the effective date of cancellation.
What legislation governs this form?
The ATT-21 form is governed by an Act approved on March 4, 1970 (GA. Laws 1970, p.146). This legislation outlines the requirements and provisions related to the bond and its administration.
How often should the ATT-21 form be filed?
This form needs to be filed annually by wholesale tobacco distributors, ensuring their bond is current and in accordance with the fiscal year ending June 30th. Always check with the Georgia Department of Revenue for any changes in filing requirements or deadlines.
Where should the completed ATT-21 form be sent?
The completed form, along with any required attachments, should be sent to the Georgia Department of Revenue, Alcohol & Tobacco Division, Audit and Regulatory Section, located at 1800 Century Center Blvd. N.E., P.O. Box 49728, Atlanta, Georgia 30359.
Who can be contacted for more information or assistance?
For more information or assistance with the ATT-21 form, distributors can contact the Georgia Department of Revenue, Alcohol & Tobacco Division by phone at (404) 417-4870 or by fax at (404) 417-4871. They can provide guidance and answer any questions you may have about completing and filing the form.
Filling out the Georgia ATT-21 form, a Tobacco Distributors Tax Stamp Bond, correctly is crucial for tobacco distributors in Georgia. However, mistakes can happen. Here are seven common errors to avoid:
Avoiding these mistakes ensures that your Tobacco Distributors Tax Stamp Bond will be processed efficiently and without unnecessary delay. Paying close attention to the details can save time and prevent issues with the Georgia Department of Revenue.
In the context of complying with Georgia's regulatory requirements for tobacco distribution, the Georgia ATT-21 form plays a vital role in establishing a financial guarantee to the Department of Revenue. This guarantee ensures that the distributor will meet their tax obligations related to the purchase of tobacco tax stamps. Alongside the ATT-21 form, several other documents and forms are frequently utilized to ensure full compliance and smooth operation of tobacco distribution within the state. Here is a list of documents often used in conjunction with the ATT-21 form:
Together, these forms and documents facilitate the effective management and regulatory compliance of tobacco distribution in Georgia. Distributors are encouraged to maintain accurate and updated records of these documents to ensure smooth operations and to avoid potential legal challenges. The ATT-21 form, alongside these associated documents, underscores the comprehensive framework in place to govern the distribution of tobacco products within the state, safeguarding both public interests and regulatory standards.
The Georgia Att 21 form, used as a Tobacco Distributors Tax Stamp Bond, shares similarities with other financial guarantee documents, serving to ensure obligations are met under specified conditions. These documents usually involve a principal, a surety, and an obligee.
Performance Bonds are one such example. Much like the Georgia Att 21 form, Performance Bonds are designed to guarantee the performance of a specific contract or duty. They are most commonly used in the construction industry to ensure that contractors complete projects according to the contract specifications. Both bonds involve a surety that guarantees the performance or obligation of the principal, aiming to protect the interests of the obligee—in the case of the Att 21 form, the Georgia Revenue Commissioner and the Department of Revenue.
Payment Bonds share a purpose closely related to the Georgia Att 21 form. They guarantee payment from the principal to subcontractors, laborers, and material suppliers. Similar to the Att 21, Payment Bonds ensure that all parties are financially protected if the principal fails to fulfill their monetary obligations. Both types of bonds involve three parties and serve as a financial safety net, though Payment Bonds focus more on ensuring the payment for work done, compared to the specific purchase of tobacco tax stamps with the Att 21 form.
Liquor Tax Bonds are also comparable to the Georgia Att 21 form. Similar to Tobacco Distributors Tax Stamp Bonds, Liquor Tax Bonds guarantee the payment of taxes related to the distribution or sale of alcohol. Both bonds are requirements set by state governments to regulate and ensure the proper tax collection related to the distribution of regulated substances. While the specific subject matter differs (tobacco vs. alcohol), the structural framework and objective to ensure tax compliance are parallel, emphasizing their role in upholding state tax laws.
When filling out the Georgia ATT-21 form, which is crucial for tobacco distributors needing to post a tax stamp bond, it is essential to navigate this process carefully. The form sets the legal and financial relationship between the distributor, the surety, and the Georgia Department of Revenue. To ensure accuracy and compliance, here are some dos and don'ts to consider:
Adhering to these guidelines will help ensure the Georgia ATT-21 form is filled out correctly and efficiently, minimizing potential issues and streamlining the approval process for your tobacco distributor's tax stamp bond.
Understanding legal documents can be challenging, and misconceptions can significantly affect compliance efforts. The Georgia ATT-21 form, a pivotal document for tobacco distributors operating within the state, is no exception. Here, we aim to clarify common misunderstandatures to ensure distributors maintain lawful practices.
It's Just Another Form: Many assume the ATT-21 is just "another form" to be filled without much thought. In reality, this bond form is a legal requirement for tobacco distributors in Georgia, acting as a guarantee of the payment of tobacco taxes. The significance of this document cannot be overstated, as it directly relates to the licensee's compliance with state tax obligations.
One Size Fits All: A common mistake is thinking the bond amount is the same for every distributor. The reality is the required bond amount can vary, dependent on factors such as the volume of business. It's essential to accurately determine the bond amount required for your specific operation to avoid under or over-bonding issues.
No Legal Consequences: The thought that non-compliance with the conditions of the ATT-21 form carries no legal weight is another misconception. Failure to adhere to the bond's terms can result in serious legal ramifications, including penalties or loss of licensure for distributors.
Static Bond Terms: The idea that once the bond is purchased, the terms are set in stone is incorrect. The surety can cancel the bond, given proper notice, and changes in business size or scope may necessitate adjustments in the bond's coverage. Distributors must stay vigilant and ensure their bond remains adequate and active.
Instant Effectiveness: Many believe once the ATT-21 form is submitted, the bond is instantly in effect. In truth, there is a process that includes verification and acceptance by the Georgia Revenue Commissioner. The effective date is crucial for compliance, and understanding this timeline is key to avoiding unintended lapses.
Surety's Limited Liability: There's a misconception that the surety's liability is limited only until the bond's cancellation notice is effective. However, the surety remains liable for any acts or purchases made prior to the cancellation taking effect, keeping the responsibility window open beyond the initial notice period.
Exclusivity for Large Distributors: Some smaller distributors believe the ATT-21 is only a requirement for larger, more established companies. This is not the case; any distributor intending to operate within the state, regardless of size, must submit this form and secure the appropriate bond to ensure compliance with Georgia's tax laws.
Clearing up these misconceptions about the Georgia ATT-21 form is vital for tobacco distributors. Compliance with state regulations safeguards your business against potential legal troubles and contributes to a transparent, accountable market for tobacco products. Distributors must recognize the importance of this document and ensure all obligations are met accurately and promptly.
Filling out and using the Georgia ATT-21 form is a key process for tobacco distributors in Georgia who need to ensure compliance with state regulations concerning the sale and distribution of tobacco products. Below are five essential takeaways to understand when dealing with this form:
The ATT-21 form indicates a structured process to ensure tobacco distributors in Georgia align with fiscal and legal responsibilities. Distributors and their sureties must pay careful attention to the details, requirements, and conditions of this bond to maintain compliance with state regulations.
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