335.1 Manufactured Homes

The basis upon which the tax is calculated on a manufactured home (as defined in Code Section 40–29–20) is only sixty-five percent of the ‘‘gross proceeds of sales’’ as defined in Code Section 12–36–90. The maximum tax due on the sale of a manufactured home is $300 if the home meets certain energy efficient standards as set forth in Code Section 12–36–2110(B). If the home does not meet these energy efficient standards, then the maximum tax is $300 plus 2% of the basis upon which the tax is calculated that exceeds $6,000. A manufactured home is energy efficient if it meets the following energy efficiency levels as set forth in Code Section 12–36–2110(B): ‘‘storm or double pane glass windows, insulated or storm doors, a minimum thermal resistance rating of the insulation only of R–11 for walls, R–19 for floors, and R–30 for ceilings. However, variations in the energy efficiency levels for walls, floors, and ceilings are allowed and the exemption on tax due above three hundred dollars applies if the total heat loss does not exceed that calculated using the levels of R–11 for walls, R–19 for floors, and R–30 for ceilings. The edition of the American Society of Heating, Refrigerating, and Air Conditioning Engineers Guide in effect at the time is the source for heat loss calculation. The dealer selling the manufactured home must maintain records, on forms provided by the State Energy Office, on each manufactured home sold which contains the above calculations and verifying whether or not the manufactured home met the energy efficiency levels provided for in this subsection. These records must be maintained for three years and must be made available for inspection upon request of the Department of Consumer Affairs or the State Energy Office.’’ Local sales and use taxes that are administered and collected by the Department of behalf of local jurisdictions do not apply to manufactured homes. The retail sale upon which the tax is based is the sale by the retailer to the consumer home buyer or contractor. See Code Section 12–36–2120(B).