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The Georgia ATT 21 form plays a crucial role in the regulation of tobacco distribution within the state. This form serves as a Tobacco Distributors Tax Stamp Bond, which is essential for licensed wholesale tobacco distributors. It establishes a financial guarantee from the distributor, known as the Principal, to the Georgia Revenue Commissioner and the Department of Revenue. This guarantee ensures that the distributor will make full payment for all tobacco tax stamps purchased during a specified fiscal year. The bond amount is determined by the distributor and the Surety, who agrees to back the Principal's financial obligation. If the distributor fulfills their payment responsibilities, the bond becomes void; however, it remains in effect if payments are not made. Additionally, the Surety has the right to cancel the bond with proper notification, ensuring a structured process is in place for all parties involved. The ATT 21 form underscores the importance of compliance within the tobacco industry, reflecting the state's commitment to maintaining regulatory standards while supporting legitimate business operations.

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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

 

of

, 20

 

 

 

(Principal)

(Surety)

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.

Form Specifications

Fact Name Description
Purpose The Georgia ATT 21 form serves as a bond for licensed wholesale tobacco distributors, ensuring payment for tobacco tax stamps purchased during a fiscal year.
Governing Law This bond is governed by an Act approved on March 4, 1970, as stated in the Georgia Laws 1970, page 146.
Parties Involved The bond involves three parties: the Principal (the tobacco distributor), the Surety (the bonding company), and the Georgia Revenue Commissioner.
Cancellation Terms The Surety can cancel the bond by providing written notice to the Georgia Revenue Commissioner and the Principal, with a 60-day notice period before cancellation takes effect.
Liability Both the Principal and Surety are jointly and severally liable for the bond amount, ensuring that obligations are met even if one party defaults.

Georgia Att 21: Usage Guidelines

Completing the Georgia ATT 21 form requires careful attention to detail. This form is a bond that ensures payment for tobacco tax stamps. The following steps will guide you through filling out the form accurately.

  1. Obtain the form: Access the Georgia ATT 21 form online or request a physical copy from the Department of Revenue.
  2. Fill in the Principal's name: Write the name of the licensed wholesale tobacco distributor in the designated space.
  3. Provide the Principal's location: Enter the address of the distributor where indicated.
  4. Enter the Surety's name: Fill in the name of the Surety company that is providing the bond.
  5. Specify the bond amount: Write the total bond amount in both written and numeric formats. Ensure both amounts match.
  6. State the fiscal year: Indicate the fiscal year ending June 30 of the relevant year.
  7. Sign the form: The Surety's Attorney in Fact must sign the bond. Include the date of signing.
  8. Attach necessary documentation: Include a certified copy of the authority or power that enables the Attorney in Fact to bind the Surety.
  9. Review the form: Check all entries for accuracy and completeness before submission.
  10. Submit the form: Send the completed form to the Georgia Revenue Commissioner as instructed.

Your Questions, Answered

What is the Georgia ATT 21 form?

The Georgia ATT 21 form is a Tobacco Distributor Tax Stamp Bond. It serves as a financial guarantee from licensed wholesale tobacco distributors to the Georgia Revenue Commissioner and the Department of Revenue. Essentially, it ensures that distributors will pay for all tobacco tax stamps purchased during a specified fiscal year. This bond is crucial for maintaining compliance with state regulations regarding tobacco sales.

Who needs to complete the ATT 21 form?

Any licensed wholesale tobacco distributor operating in Georgia must complete the ATT 21 form. This includes businesses that distribute tobacco products and are required to purchase tax stamps. By filling out this form, distributors commit to fulfilling their tax obligations to the state, thereby ensuring a smooth operation within the regulatory framework.

What are the key components of the ATT 21 form?

The ATT 21 form includes several important components. It identifies the principal (the distributor) and the surety (the bonding company). The form specifies the bond amount, which represents the financial guarantee for tax stamp purchases. Additionally, it outlines the conditions under which the bond remains valid, primarily hinging on the distributor’s timely payment for tax stamps. If payments are made as agreed, the bond becomes void; if not, it remains enforceable.

How can a surety cancel the ATT 21 bond?

A surety can cancel the ATT 21 bond by providing written notice to both the Georgia Revenue Commissioner and the principal. This notice must be sent via certified or registered mail, and the cancellation takes effect 60 days after both parties receive the notification. It’s important to note that the surety remains liable for any obligations incurred prior to the cancellation date, ensuring that all past purchases are still covered.

What should be attached to the ATT 21 form upon submission?

When submitting the ATT 21 form, it is essential to attach a certified copy of the authority or power of attorney for the individual signing on behalf of the surety. This document must confirm that the signer has the legal authority to bind the surety to the obligations outlined in the bond. Ensuring this documentation is in place is critical for the validity of the bond and compliance with state requirements.

Common mistakes

  1. Failing to include the full name of the distributor, which is essential for identification.

  2. Not providing the correct location of the surety, leading to potential delays in processing.

  3. Omitting the sum amount for the bond, which is required for financial accountability.

  4. Writing the amount in words and numbers incorrectly, causing confusion and errors.

  5. Not signing the bond by the Attorney in Fact, which is necessary for legal validity.

  6. Failing to attach a certified copy of the authority or power to bind the surety, which is a critical requirement.

  7. Not providing the date of execution, which can affect the bond's enforceability.

  8. Ignoring the need for return receipt requested when sending cancellation notices, leading to disputes.

  9. Leaving out the fiscal year ending date, which is crucial for determining the bond's term.

  10. Using incorrect mailing addresses for the Georgia Revenue Commissioner, which can result in lost communications.

Documents used along the form

The Georgia ATT 21 form is a crucial document for tobacco distributors in the state, serving as a bond that guarantees payment for tobacco tax stamps. In addition to the ATT 21 form, several other forms and documents are often utilized to ensure compliance with state regulations. Below is a list of these documents, each serving a specific purpose in the regulatory framework.

  • Application for Tobacco License: This document is required for distributors to obtain a license to sell tobacco products in Georgia. It collects essential information about the business and its owners.
  • Tax Stamp Purchase Order: This order form is used by distributors to request the purchase of tobacco tax stamps from the state. It outlines the quantity and type of stamps needed.
  • Surety Bond Agreement: This agreement details the terms and conditions under which the surety company guarantees the obligations of the tobacco distributor. It is often required alongside the ATT 21 form.
  • Monthly Tax Return: Distributors must file this return to report the amount of tobacco sold and the corresponding taxes owed to the state. It ensures transparency and accountability in tax collection.
  • Cancellation Notice: If a distributor wishes to cancel their bond, this notice must be sent to the Georgia Revenue Commissioner. It formally communicates the intention to terminate the bond agreement.

These documents collectively support the regulatory framework governing tobacco distribution in Georgia. Compliance with these requirements is essential for maintaining a lawful business operation and ensuring the timely payment of taxes owed to the state.

Similar forms

The Georgia ATT 21 form is a Tobacco Distributors Tax Stamp Bond. It shares similarities with several other documents related to bonds and financial obligations. Here’s a list of seven documents that are similar to the ATT 21 form:

  • Surety Bond: Like the ATT 21, a surety bond guarantees payment or performance. It involves three parties: the principal, the surety, and the obligee, ensuring that obligations are met.
  • Performance Bond: This type of bond ensures that a contractor completes a project according to contract terms. Similar to the ATT 21, it protects the obligee from financial loss if the principal fails to fulfill their obligations.
  • Payment Bond: A payment bond guarantees that a contractor will pay subcontractors and suppliers. It functions like the ATT 21 by ensuring financial responsibility for specific obligations.
  • License Bond: This bond is required for certain businesses to operate legally. It shares the same purpose as the ATT 21 by ensuring compliance with state regulations.
  • Customs Bond: Used in international trade, this bond guarantees payment of duties and taxes. Similar to the ATT 21, it ensures that financial obligations are met to prevent penalties.
  • Bid Bond: A bid bond is submitted with a proposal to ensure that the contractor will accept the contract if awarded. It is similar to the ATT 21 in that it protects the interests of the project owner.
  • Franchise Tax Bond: This bond guarantees payment of franchise taxes owed to the state. Like the ATT 21, it serves to ensure compliance with tax obligations.

Dos and Don'ts

When completing the Georgia ATT 21 form, there are specific actions to take and avoid to ensure the process goes smoothly. Below is a list of dos and don’ts.

  • Do provide accurate and complete information for both the Principal and Surety.
  • Do ensure the bond amount is clearly stated in both written and numeric forms.
  • Do sign the form where indicated, ensuring all signatures are legible.
  • Do attach a certified copy of authority or power to bind the Surety.
  • Do double-check all dates for accuracy, especially the fiscal year ending date.
  • Don't leave any sections blank; all fields must be filled out.
  • Don't use incorrect or outdated forms; ensure you have the latest version.
  • Don't forget to send the completed form to the correct address for the Department of Revenue.
  • Don't ignore the requirements for cancellation notice; follow the specified procedure if needed.

Following these guidelines can help avoid delays and ensure compliance with Georgia's regulations regarding tobacco tax stamps.

Misconceptions

Misconceptions about the Georgia ATT 21 form can lead to confusion among tobacco distributors. Here are eight common misunderstandings:

  1. The ATT 21 form is only for new distributors. Many believe that only new tobacco distributors need to complete this form. In reality, existing distributors must also submit the form to ensure compliance with state regulations.
  2. Only the Principal needs to sign the form. Some assume that only the tobacco distributor (Principal) is required to sign the ATT 21. However, the Surety must also sign to validate the bond.
  3. The bond amount is fixed. There is a misconception that the bond amount is always the same. The amount can vary based on the distributor's estimated tax stamp purchases for the fiscal year.
  4. Cancellation of the bond is immediate. Some think that if a Surety decides to cancel the bond, the cancellation takes effect immediately. In fact, it requires a 60-day notice period.
  5. The form does not require additional documentation. It is often assumed that the ATT 21 form is sufficient on its own. A certified copy of the authority or power to bind the Surety must also be attached.
  6. Payments for tax stamps can be delayed. There is a belief that payments for tobacco tax stamps can be made at any time. Timely payments are required to keep the bond in effect.
  7. Only the Georgia Revenue Commissioner is involved. Many think that only the Georgia Revenue Commissioner oversees the bond. The Department of Revenue is also involved in the process.
  8. The ATT 21 form is optional. Some distributors believe that completing the ATT 21 form is optional. It is, in fact, a mandatory requirement for compliance with state laws.

Understanding these misconceptions can help ensure that tobacco distributors comply with state regulations and avoid potential penalties.

Key takeaways

When filling out and using the Georgia ATT 21 form, keep these key takeaways in mind:

  • Understand the Purpose: The ATT 21 form is a bond for tobacco distributors, ensuring payment for tobacco tax stamps purchased.
  • Complete the Form Accurately: Fill in the names of the distributor and surety, along with the bond amount, to avoid delays.
  • Know the Conditions: The bond remains in effect until the principal pays for all tobacco tax stamps due by June 30 of the fiscal year.
  • Cancellation Process: The surety can cancel the bond with a written notice, effective 60 days after the commissioner and principal receive it.
  • Attach Necessary Documentation: Ensure that a certified copy of the authority for the attorney in fact is attached to the bond.
  • Stay Informed: Familiarize yourself with the relevant laws to ensure compliance and understanding of your obligations.
  • Seek Assistance if Needed: Don’t hesitate to contact the Department of Revenue for guidance or clarification on the form.