How to Apply and other General Information What is GATE? The Georgia Agriculture Tax Exemption (GATE) is an agricultural sales and use tax exemption. This certificate is issued by the Department of Agriculture and identifies its user as a qualified agriculture producer. 2 How do I apply for the GATE Certificate? A: The Georgia Department of Agriculture will accept applications online or by mail. - Apply online at www.agr.georgia.gov; the fee is $20 for the online application; or - Download and/or print off an application to mail in; the fee is $25 for a written application. 3 Who DOES qualify for a registration number? A person, business or corporation, engaged in the production of agricultural, nursery or timber products for sale in the regular course of business is eligible for a registration number. This number can be used to claim an exemption from Georgia sales tax on the purchase of qualifying items. Applicants must meet at least one criterion for qualification. 4 Criteria 1 The person or entity is the owner or lessee of agricultural land or other real property from which $2,500.00 or more of raw agricultural products were produced and sold during the year, including payments from government sources. 5 Criteria 2 The personal or entity is in the business of providing for hire custom agricultural services, including, but not limited to, plowing, planting, harvesting, growing, animal husbandry or the maintenance of livestock, raising or substantially modifying raw agricultural products; or the maintenance of agricultural land from which $2,500.00 or more of such services were provided during the year. 6 Criteria 3 The person or entity is the owner of land that qualifies for taxation under the qualifications of bona fide conservation use property as defined in Code Section 48-57.4 or qualifies for taxation under the provisions of the Georgia Forest Land Protection Act as defined in Coded Section 48-5-7.7 7 Criteria 4 The person or entity is in the business of producing long-term agricultural products from which there might not be annual income, including but not limited to, timber, pulpwood, orchard crops, pecans, and horticultural or other multiyear agricultural or farm products. Application must demonstrate that sufficient volumes of such long-term agricultural products will be produced which have the capacity to generate at least $2,500.00 in sales annually in the future. 8 The applicant may be required to provide proof of eligibility and attest forms are on file from previous year’s tax records or schedules, including but not limited to: (a) (b) (c) (d) (e) (f) IRS schedule F IRS form 4835 IRS schedule E IRS form 4797 IRS form 1065 IRS form 1120 0r 1120(s) 9 Types of Agricultural Services Included - Agricultural Inputs Animal Husbandry Growing Harvesting Maintenance of Livestock Maintenance of Agricultural Land Planting Plowing Substantially Modifying Agricultural Products* - *Further info will need to be provided 10 IF USER DOES NOT QUALIFY: • They will receive a message to call our Call Center at 1-855-FARM-TAX 11 General Rules • Applicant seeking GATE Certificate may be regarded as an agriculture producer under one or more of following North American Industry Classification System (NAICS) Codes and shall be used by applicant to determine which code applicant may fall under for purposes of eligibility when applying for GATE Certificate (listed on application). • Applicant must provide the name of primary certificate holder and the names of no more than (2) authorized users. 12 General Rules 2012 NAICS Codes 11111 11112 11113 11114 11115 11116 11119 1112 1113 1114 11191 11192 11193 11194 111991 111992 111998 Soybean Farming Oilseed (except Soybean) Farming Dry Pea and Bean Farming Wheat Farming Corn Farming Rice Farming Other Grain Farming Vegetable and Melon Farming Fruit and Tree Nut Farming Greenhouse, Nursery, and Floriculture Production Tobacco Farming Cotton Farming Sugarcane Farming Hay Farming Sugar Beet Farming Peanut Farming All Other Miscellaneous Crop Farming 13 General Rules 2012 NAICS Codes 11211 11212 11213 1122 11231 11232 11233 11234 11239 1124 1125 11291 11292 11293 11299 Beef Cattle Ranching and Farming, including Feedlots Dairy Cattle and Milk Production Dual-Purpose Cattle Ranching and Farming Hog and Pig Farming Chicken Egg Production Broilers and Other Meat Type Chicken Production Turkey Production Poultry Hatcheries Other Poultry Production Sheep and Goat Farming Aquaculture Apiculture Horses and Other Equine Production Fur-Bearing Animal and Rabbit Production All Other Animal Production 14 General Rules 2012 NAICS Codes 1131 1132 1133 1141 1142 115111 115112 115113 115114 Timber Tract Operations Forest Nurseries and Gathering of Forest Products Logging Fishing Hunting and Trapping Cotton Ginning Soil Preparation, Planting, and Cultivating Crop Harvesting, Primarily by Machine Postharvest Crop Activities (except Cotton Ginning) 15 General Rules 2012 NAICS Codes 115115 115116 1152 1153 31111 31142 3115 311611 311615 31213 49313 Farm Labor Contractors and Crew Leaders Farm Management Services Support Activities for Animal Production Support Activities for Forestry Animal Food Manufacturing Fruit and Vegetable Canning, Pickling, and Drying* Dairy Product Manufacturing* Animal (except Poultry) Slaughtering* Poultry Processing Wineries* Farm Product Warehousing and Storage *If on a farm. 16 General Rules • No seller, retailer, vendor or dealer shall be authorized to forego collection of sales and use taxes unless proof of eligibility under GATE is provided. • GATE Certificate is non-transferable. • Any unauthorized use of GATE Certificate may result in criminal prosecution. 17 Timelines • November 15th is the date to begin applying for GATE • Each GATE Certificate is good from January 1 until December 31st. Certificates must be renewed annually. 18 Learn more and apply • Visit www.agr.georgia.gov for more information, online applications and other important GATE details. • Call the Georgia Department of Agriculture with questions or concerns at 1-855-FARM-TAX. 19