reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 48 - REVENUE AND TAXATION (§§ 48-1-1 — 48-18-1) › Chapter 7 - INCOME TAXES (§§ 48-7-1 — 48-7-170) › Article 2 - IMPOSITION, RATE, AND COMPUTATION; EXEMPTIONS (§§ 48-7-20 — 48-7-42) › Section 48-7-29.19 - Procedures, conditions, and limitations on amount of tax credits for purchasers of alternative fuel heavy-duty and medium-duty vehicles

(a)
A taxpayer seeking to claim a tax credit under the provisions of Code Section
48-7-29.18
shall submit an application to the commissioner for preapproval of such tax credit. Before any such application for such tax credit is filed, the applicant shall have completed the purchase and shall have registered the qualified vehicle or vehicles in this state. The application shall include:
(1)
Certification from the Department of Natural Resources that the vehicle is an alternative fuel heavy-duty vehicle, or alternative fuel medium-duty vehicle, as defined in Code Section
48-7-29.18
;
(2)
A sworn affidavit from the taxpayer certifying that the vehicle shall accumulate at least 75 percent of its mileage in Georgia in each year for a five-year period, that is registered in Georgia and shall remain registered in Georgia for no less than five years; and
(3)
Any other information requested by the commissioner pursuant to a rule or regulation promulgated hereunder. The commissioner shall create and make available the forms to be used for such applications. Within 60 days of receipt of a properly completed application, the commissioner shall preapprove the application if a sufficient amount of available tax credits remain.
(b)
The commissioner shall preapprove the tax credits based on the order in which properly completed applications were submitted. In the event that two or more applications were submitted on the same day and the amount of funds available will not be sufficient to fully fund the tax credits requested, the commissioner shall prorate the available funds between or among the applicants.
(c)
In no event shall the aggregate amount of the tax credits preapproved by the commissioner for all taxpayers under the provisions of this Code section exceed the amounts specified in subsection (c) of Code Section
48-7-29.18
.
(d)
The commissioner shall be authorized to promulgate any rules and regulations necessary to implement and administer the provisions of this Code section, including provisions for repayment of any credit in the event any of the certifications of paragraph (2) of subsection (a) of this Code section are or become untrue during the five-year period following the date of application.
Added by 2014 Ga. Laws 355,§ 1, eff. 4/4/2014.
See 2014 Ga. Laws 355, § 2.
2023 CODE OF GEORGIA › Title 48 - REVENUE AND TAXATION (§§ 48-1-1 — 48-18-1) › Chapter 7 - INCOME TAXES (§§ 48-7-1 — 48-7-170) › Article 2 - IMPOSITION, RATE, AND COMPUTATION; EXEMPTIONS (§§ 48-7-20 — 48-7-42) › Section 48-7-29.23 - Tax credits for teachers in the teacher recruitment and retention program

(a)
A taxpayer who is designated by the Department of Education as a participating teacher in the teacher recruitment and retention program provided for in Code Section
20-2-251
shall be allowed a credit against the tax imposed by Code Section
48-7-20
in an amount equal to $3,000.00.
(b)
In no event shall the total amount of the tax credit under this Code section for a taxable year exceed the taxpayer's income tax liability. Any unused tax credit shall be allowed to be carried forward to apply to the taxpayer's succeeding three years' tax liability. No such tax credit shall be allowed the taxpayer against prior years' tax liability.
(c)
The commissioner shall be authorized to promulgate any rules and regulations necessary to implement and administer the provisions of this Code section.
Added by 2021 Ga. Laws 27,§ 2, eff. 7/1/2021.
See 2021 Ga. Laws 27, § 3.
2023 CODE OF GEORGIA › Title 48 - REVENUE AND TAXATION (§§ 48-1-1 — 48-18-1) › Chapter 7 - INCOME TAXES (§§ 48-7-1 — 48-7-170) › Article 2 - IMPOSITION, RATE, AND COMPUTATION; EXEMPTIONS (§§ 48-7-20 — 48-7-42) › Section 48-7-34 - Returns of corporations and nonresidents based upon books of account; application to commissioner; time; contents

If any corporation or nonresident employs in its books of account a detailed allocation of receipts and expenditures which reflects more clearly than the processes or formulas prescribed by this chapter the income attributable to the trade or business within this state, application for permission to base its return upon the books of account shall be considered by the commissioner. The application shall be made at least 60 days prior to the last day on which the taxpayer's return is to be filed and shall be accompanied by a full and complete explanation of the method employed.
2023 CODE OF GEORGIA › Title 48 - REVENUE AND TAXATION (§§ 48-1-1 — 48-18-1) › Chapter 7 - INCOME TAXES (§§ 48-7-1 — 48-7-170) › Article 2 - IMPOSITION, RATE, AND COMPUTATION; EXEMPTIONS (§§ 48-7-20 — 48-7-42) › Section 48-7-35 - Application for permission to use other method of allocation by corporation or nonresident; contents; effect of failure to receive notice of rejection

If any corporation or nonresident shows by any method of allocation other than the processes or formulas prescribed by this chapter that another method reflects more clearly the income attributable to the trade or business within this state, application for permission to base its return upon the other method shall be considered by the commissioner. The application shall be accompanied by a statement setting forth in detail with full explanations the method the taxpayer believes will more clearly reflect its income from business within the state. If the commissioner concludes that the method of allocation and apportionment submitted by the taxpayer is in fact inapplicable and inequitable, he shall reject the application and shall so notify the taxpayer. Failure to receive the commissioner's notice shall not operate to relieve the taxpayer from liability for not filing the return on its due date utilizing the allocation and apportionment method prescribed by this chapter.
2023 CODE OF GEORGIA › Title 48 - REVENUE AND TAXATION (§§ 48-1-1 — 48-18-1) › Chapter 7 - INCOME TAXES (§§ 48-7-1 — 48-7-170) › Article 2 - IMPOSITION, RATE, AND COMPUTATION; EXEMPTIONS (§§ 48-7-20 — 48-7-42) › Section 48-7-36 - Tolling of time limits for filings by reason of war related service in armed forces

In the case of an individual:
(1)
Serving in the armed forces of the United States or in support of the armed forces of the United States in an area designated by the President of the United States by executive order as a "combat zone," as that term is defined by the Internal Revenue Code of 1986, at any time during the period designated by the President's executive order as the period of combat activities in the zone;
(2)
Hospitalized as a result of an injury received while serving in such an area during the period of combat activities; or
(3)
Who is confined as a prisoner of the forces opposing the United States in a combat zone,
the period of service in the combat zone, plus the period of continuous hospitalization attributable to an injury, plus any period of confinement, and the next 180 days thereafter shall be disregarded in determining whether any filing required by this title has been performed within the time prescribed for the filing.
2023 CODE OF GEORGIA › Title 48 - REVENUE AND TAXATION (§§ 48-1-1 — 48-18-1) › Chapter 7 - INCOME TAXES (§§ 48-7-1 — 48-7-170) › Article 2 - IMPOSITION, RATE, AND COMPUTATION; EXEMPTIONS (§§ 48-7-20 — 48-7-42) › Section 48-7-37 - Taxes due from members of armed forces dying on active duty; applicability of tax to particular taxable years; assessment of unpaid taxes; abatement; credit or refund of collected payments

In the case of any individual who dies while in active service as a member of the armed forces of the United States, if the death occurred while serving in a combat zone, as that term is defined by the Internal Revenue Code of 1986, or as a result of wounds, disease, or injury incurred while so serving, any tax imposed by this article:
(1)
Shall not apply with respect to the taxable year in which falls the date of his or her death or with respect to any prior taxable year ending on or after the first day he or she served in a combat zone after June 24, 1960;
(2)
For a taxable year preceding those specified in paragraph (1) of this Code section which is unpaid at the date of his or her death, including, but not limited to, interest, additions to the tax, and additional amounts shall not be assessed. If assessed, the assessment shall be abated. If any such amount is collected, it shall be credited or refunded as an overpayment.
Amended by 2022 Ga. Laws 782,§ 48, eff. 5/2/2022.
2023 CODE OF GEORGIA › Title 48 - REVENUE AND TAXATION (§§ 48-1-1 — 48-18-1) › Chapter 7 - INCOME TAXES (§§ 48-7-1 — 48-7-170) › Article 2 - IMPOSITION, RATE, AND COMPUTATION; EXEMPTIONS (§§ 48-7-20 — 48-7-42) › Section 48-7-38 - Deduction for payments to classified subcontractors; certification as minority business enterprise, women owned business, and veteran owned business

(a)
As used in this Code section, the term:
(1)
"Classified subcontractor" means a small business certified as a minority business enterprise, women owned business, or veteran owned business under Code Section
50-5-132
.
(2)
"Small business" shall have the same meaning as provided in Code Section
50-5-121
.
(3)
"State contract" means a contract for the purchase by the state of goods, property, or services or for the construction of any building or structure for the state, which contract is executed by any department, board, bureau, commission, or agency of state government, by any state authority, or by any officer, official, employee, or agent of any of the foregoing.
(b)
In computing Georgia taxable net income of a corporation, partnership, or individual, there shall be subtracted from federal taxable income or federal adjusted gross income 10 percent of the amount of qualified payments to classified subcontractors. A payment to a classified subcontractor shall be a qualified payment if:
(1)
The payment is for goods, personal property, or services furnished by the classified subcontractor to the taxpayer and delivered by the taxpayer to the state in furtherance of a state contract to which the taxpayer is a party; and the payment does not exceed the value of the goods, property, or services to the taxpayer;
(2)
The payment is made during the taxable year for which the subtraction from federal taxable income or federal adjusted gross income is claimed; and
(3)
The payment is made to a small business which, at the time of the payment, is certified as a minority business enterprise, women owned business, or veteran owned business under Code Section
50-5-132
.
(c)
The total amount which may be subtracted under this Code section from federal taxable income or federal adjusted gross income of any taxpayer shall be limited to $100,000.00 per taxable year.
(d)
The department may disclose to the commissioner of administrative services the income tax returns of taxpayers applying for certification as minority business enterprises, women owned businesses, and veteran owned businesses under Code Section
50-5-132
. The commissioner of administrative services shall maintain and periodically revise a list of classified subcontractors and shall make such list available to the department no later than December 31 of each year and to the general public.
Amended by 2023 Ga. Laws 21,§ 3, eff. 1/1/2024.
Amended by 2013 Ga. Laws 33,§ 48, eff. 4/24/2013.
Amended by 2001 Ga. Laws 25, § 1, eff. 4/4/2001.
2023 CODE OF GEORGIA › Title 48 - REVENUE AND TAXATION (§§ 48-1-1 — 48-18-1) › Chapter 7 - INCOME TAXES (§§ 48-7-1 — 48-7-170) › Article 2 - IMPOSITION, RATE, AND COMPUTATION; EXEMPTIONS (§§ 48-7-20 — 48-7-42) › Section 48-7-39 - Depreciation of property placed in service in prior tax years

(a)
With respect to property placed in service in taxable years ending prior to March 11, 1987, a taxpayer shall in his return for the first taxable year ending on or after January 1, 1987, elect to:
(1)
Continue to depreciate or otherwise recover the cost of such property according to the same method used for Georgia income tax purposes for the taxable year in which the property was placed in service; or
(2)
Depreciate or otherwise recover the cost of such property according to the method used for federal income tax purposes for the taxable year in which the property was placed in service.
The election required by this subsection shall be made for a taxpayer's first taxable year ending on or after January 1, 1987, in such manner as may be specified by the commissioner. If a return for such a taxable year has been filed without such an election prior to or within 90 days after March 11, 1987, the taxpayer may file an amended return containing such an election.
(b)
The election provided for in subsection (a) of this Code section shall apply to all property of the taxpayer uniformly and shall be irrevocable and applicable to all subsequent taxable years. Except as otherwise provided in the last sentence of subsection (a) of this Code section, if no such election is made, the taxpayer shall be deemed to have elected the option afforded by paragraph (2) of subsection (a) of this Code section. The General Assembly recognizes and intends that if a taxpayer elects the option afforded by paragraph (2) of subsection (a) of this Code section then in certain cases the taxpayer may never fully depreciate or recover the cost of certain property for Georgia income tax purposes and in certain cases the taxpayer may be allowed to depreciate or recover more than the full cost of certain property for Georgia income tax purposes. Taxpayers electing the option afforded by paragraph (1) of subsection (a) of this Code section shall in determining Georgia taxable income make such adjustments to federal taxable income as are required to reflect the effect of such election. Any such election shall apply both to determination of deductions for depreciation or cost recovery of affected property and also to determination of gain or loss on the sale or other disposition of such property. The commissioner shall specify the manner in which such adjustments shall be made.
Amended by 2002 Ga. Laws 462, § 48, eff. 4/18/2002.
2023 CODE OF GEORGIA › Title 48 - REVENUE AND TAXATION (§§ 48-1-1 — 48-18-1) › Chapter 7 - INCOME TAXES (§§ 48-7-1 — 48-7-170) › Article 2 - IMPOSITION, RATE, AND COMPUTATION; EXEMPTIONS (§§ 48-7-20 — 48-7-42) › Section 48-7-40.10 - [Repealed] Tax credits for water conservation facilities and qualified water conservation investment property

Amended by 2015 Ga. Laws 65,§ 1, eff. 7/1/2015.
Amended by 2002 Ga. Laws 462, § 48, eff. 4/18/2002.
2023 CODE OF GEORGIA › Title 48 - REVENUE AND TAXATION (§§ 48-1-1 — 48-18-1) › Chapter 7 - INCOME TAXES (§§ 48-7-1 — 48-7-170) › Article 2 - IMPOSITION, RATE, AND COMPUTATION; EXEMPTIONS (§§ 48-7-20 — 48-7-42) › Section 48-7-40.11 - [Repealed] Tax credits for shift from ground-water usage

Amended by 2015 Ga. Laws 65,§ 2, eff. 7/1/2015.
Amended by 2005 Ga. Laws 19,§ 48, eff. 4/7/2005.
Amended by 2002 Ga. Laws 462, § 48, eff. 4/18/2002.
2023 CODE OF GEORGIA › Title 48 - REVENUE AND TAXATION (§§ 48-1-1 — 48-18-1) › Chapter 7 - INCOME TAXES (§§ 48-7-1 — 48-7-170) › Article 2 - IMPOSITION, RATE, AND COMPUTATION; EXEMPTIONS (§§ 48-7-20 — 48-7-42) › Section 48-7-40.13 - [Reserved]

Repealed and reserved by 2005 Ga. Laws 356,§ 1, eff. 5/9/2005.
2023 CODE OF GEORGIA › Title 48 - REVENUE AND TAXATION (§§ 48-1-1 — 48-18-1) › Chapter 7 - INCOME TAXES (§§ 48-7-1 — 48-7-170) › Article 2 - IMPOSITION, RATE, AND COMPUTATION; EXEMPTIONS (§§ 48-7-20 — 48-7-42) › Section 48-7-40.14 - Calculation of new full-time jobs

Notwithstanding any provision to the contrary of Code Sections
48-7-40
and
48-7-40.1
, business enterprises may make a one-time election to calculate new full-time jobs on a calendar year rather than a taxable year basis for all jobs created during calendar year 1994 and thereafter as compared against the preceding calendar year. Such one-time election may be made by claiming job tax credits in connection with any 1995 state income tax return or amended return that is filed after April 29, 1997. Such election will not change the taxable year of the business enterprise.
2023 CODE OF GEORGIA › Title 48 - REVENUE AND TAXATION (§§ 48-1-1 — 48-18-1) › Chapter 7 - INCOME TAXES (§§ 48-7-1 — 48-7-170) › Article 2 - IMPOSITION, RATE, AND COMPUTATION; EXEMPTIONS (§§ 48-7-20 — 48-7-42) › Section 48-7-40.18 - Tax credits for businesses headquartered in state; full-time jobs

(a)
Any business enterprise, as defined in Code Section
48-7-40
, executing an agreement pursuant to subsection (a) of Code Section
48-7-31.1
for purposes of paragraph (1) of subsection (d) of Code Section
48-7-31
shall be allowed, beginning in the taxable year in which it establishes its headquarters in this state or relocates its headquarters to this state, a tax credit calculated in the same amounts and under the same principles as the credit established by Code Section
48-7-40.17
. Except as otherwise provided in this Code section, the credit established by the Code section shall be subject to the same definitions, limitations, and carry-forward provisions as the credit established by Code Section
48-7-40.17
; provided, however, that the term "headquarters" means the principal central administrative office of such business enterprise; and provided, further, that for the first taxable year in which it is claimed, all or part of the credit established by this Code section may be applied against taxes imposed under this article for the taxable year immediately preceding that taxable year by amendment to a return or returns for such year.
(b)
The credit established by this Code section may be claimed by such business enterprise for new full-time jobs created in taxable years prior to the taxable year in which it establishes its headquarters in this state or relocates its headquarters to this state, where such jobs are in excess of those contained in such agreement and are located at such headquarters. Such jobs shall be deemed for purposes of such credit to have been created on the first day of the taxable year in which such business enterprise establishes its headquarters in this state or relocates its headquarters to this state. No credit in excess of $25 million may be claimed pursuant to the terms of this subsection.
(c)
The number of new full-time jobs to which this Code section shall be applicable shall be determined by comparing the monthly average of full-time jobs subject to Georgia income tax withholding for the taxable year with the corresponding average for the prior taxable year.
Amended by 2005 Ga. Laws 19,§ 48, eff. 4/7/2005.
Amended by 2002 Ga. Laws 462, § 48, eff. 4/18/2002.
Amended by 2001 Ga. Laws 2, §48, eff. 2/12/2001.
2023 CODE OF GEORGIA › Title 48 - REVENUE AND TAXATION (§§ 48-1-1 — 48-18-1) › Chapter 7 - INCOME TAXES (§§ 48-7-1 — 48-7-170) › Article 2 - IMPOSITION, RATE, AND COMPUTATION; EXEMPTIONS (§§ 48-7-20 — 48-7-42) › Section 48-7-40.19 - [Repealed] Diesel particulate emission reduction technology equipment; tax credit

Amended by 2018 Ga. Laws 292,§ 4, eff. 3/26/2018.
2023 CODE OF GEORGIA › Title 48 - REVENUE AND TAXATION (§§ 48-1-1 — 48-18-1) › Chapter 7 - INCOME TAXES (§§ 48-7-1 — 48-7-170) › Article 2 - IMPOSITION, RATE, AND COMPUTATION; EXEMPTIONS (§§ 48-7-20 — 48-7-42) › Section 48-7-40.20 - [Effective Until 1/1/2025] Tax credits for businesses engaged in manufacturing cigarettes for exportation; amount; required information

(a)
As used in this Code section, the term:
(1)
"Base year exportation volume" means the number of cigarettes manufactured and exported by a business enterprise during the calendar year 1999.
(2)
"Business enterprise" means any business or the headquarters of any business which is engaged in manufacturing, warehousing and distribution, processing, telecommunications, tourism, and research and development industries. Such term shall not include retail businesses.
(3)
"Exportation" means the shipment of cigarettes manufactured in the United States to a foreign country sufficient to relieve the cigarettes in the shipment of the federal excise tax on cigarettes.
(b)
A business enterprise engaged in the business of manufacturing cigarettes for exportation to a foreign country is allowed a credit against the taxes levied by this article. The amount of credit allowed under this Code section is determined by comparing the exportation volume of the corporation in the year for which the credit is claimed with the corporation's base year exportation volume, rounded to the nearest whole percentage. The amount of credit allowed is as follows:
Current Year's Exportation Volume Compared to its Base Year's Exportation Volume
Amount of Credit per Thousand Cigarettes Exported
120 percent or more
40¢
119 percent - 100 percent
35¢
99 percent - 80 percent
30¢
79 percent - 60 percent
25¢
59 percent - 50 percent
20¢
Less than 50 percent
None
(c)
The credit allowed under this Code section may not exceed the lesser of $6 million or 50 percent of the amount of tax imposed by this article for the taxable year reduced by the sum of all other credits allowable, except tax payments made by or on behalf of the taxpayer. This limitation applies to the cumulative amount of the credit allowed in any tax year, including carry forwards claimed by the taxpayer under this Code section for previous tax years. Any unused portion of a credit allowed in this Code section may be carried forward for the next succeeding five years.
(d)
A business enterprise that claims the credit under this Code section must include the following with its tax return:
(1)
A statement of the base year exportation volume;
(2)
A statement of the exportation volume on which the credit is based; and
(3)
A list of the business enterprise's export volumes shown on its monthly reports to the Bureau of Alcohol, Tobacco, and Firearms of the United States Department of the Treasury for the months in the tax year for which the credit is claimed.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 CODE OF GEORGIA › Title 48 - REVENUE AND TAXATION (§§ 48-1-1 — 48-18-1) › Chapter 7 - INCOME TAXES (§§ 48-7-1 — 48-7-170) › Article 2 - IMPOSITION, RATE, AND COMPUTATION; EXEMPTIONS (§§ 48-7-20 — 48-7-42) › Section 48-7-40.20 - [Effective 1/1/2025] Tax credits for businesses engaged in manufacturing cigarettes for exportation; amount; required information

(a)
As used in this Code section, the term:
(1)
"Base year exportation volume" means the number of cigarettes manufactured and exported by a business enterprise during the calendar year 1999.
(2)
"Business enterprise" means any business or the headquarters of any business which is engaged in manufacturing, warehousing and distribution, processing, telecommunications, tourism, and research and development industries. Such term shall not include retail businesses.
(3)
"Exportation" means the shipment of cigarettes manufactured in the United States to a foreign country sufficient to relieve the cigarettes in the shipment of the federal excise tax on cigarettes.
(b)
A business enterprise engaged in the business of manufacturing cigarettes for exportation to a foreign country is allowed a credit against the taxes levied by this article. The amount of credit allowed under this Code section is determined by comparing the exportation volume of the corporation in the year for which the credit is claimed with the corporation's base year exportation volume, rounded to the nearest whole percentage. The amount of credit allowed is as follows:
Current Year's Exportation Volume Compared to its Base Year's Exportation Volume
Amount of Credit per Thousand Cigarettes Exported
120 percent or more
40¢
119 percent - 100 percent
35¢
99 percent - 80 percent
30¢
79 percent - 60 percent
25¢
59 percent - 50 percent
20¢
Less than 50 percent
None
(c)
The credit allowed under this Code section may not exceed the lesser of $6 million or 50 percent of the amount of tax imposed by this article for the taxable year reduced by the sum of all other credits allowable, except tax payments made by or on behalf of the taxpayer. This limitation applies to the cumulative amount of the credit allowed in any tax year, including carry forwards claimed by the taxpayer under this Code section for previous tax years. Any unused portion of a credit allowed in this Code section may be carried forward for the next succeeding three years.
(d)
A business enterprise that claims the credit under this Code section must include the following with its tax return:
(1)
A statement of the base year exportation volume;
(2)
A statement of the exportation volume on which the credit is based; and
(3)
A list of the business enterprise's export volumes shown on its monthly reports to the Bureau of Alcohol, Tobacco, and Firearms of the United States Department of the Treasury for the months in the tax year for which the credit is claimed.
Amended by 2024 Ga. Laws 598,§ 1-27, eff. 1/1/2025, app. only to unused tax credits generated during taxable years beginning on or after 1/1/2025.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 CODE OF GEORGIA › Title 48 - REVENUE AND TAXATION (§§ 48-1-1 — 48-18-1) › Chapter 7 - INCOME TAXES (§§ 48-7-1 — 48-7-170) › Article 2 - IMPOSITION, RATE, AND COMPUTATION; EXEMPTIONS (§§ 48-7-20 — 48-7-42) › Section 48-7-40.23 - Election to count new jobs on calendar year basis

Notwithstanding any provision to the contrary of Code Sections
48-7-40
and
48-7-40.1
, business enterprises may apply to the commissioner to make a one-time election to calculate new full-time jobs on a calendar year rather than a taxable year basis for all jobs created during calendar year 2001. Such one-time election may be made by claiming job tax credits calculated on the basis set forth in Code Sections
48-7-40
and
48-7-40.1
in connection with any 2002 state income tax return filed after the effective date of this Code section. Such election will not change the taxable year of the business enterprise.
2023 CODE OF GEORGIA › Title 48 - REVENUE AND TAXATION (§§ 48-1-1 — 48-18-1) › Chapter 7 - INCOME TAXES (§§ 48-7-1 — 48-7-170) › Article 2 - IMPOSITION, RATE, AND COMPUTATION; EXEMPTIONS (§§ 48-7-20 — 48-7-42) › Section 48-7-40.33 - [Reserved] Tax credits for musical or theatrical performances

Amended by 2023 Ga. Laws 353,§ 7, eff. 7/1/2023.
Amended by 2019 Ga. Laws 321,§ 48, eff. 5/12/2019.
Amended by 2018 Ga. Laws 562,§ 48, eff. 5/8/2018.
Added by 2017 Ga. Laws 223,§ 1, eff. 1/1/2018.
2023 CODE OF GEORGIA › Title 48 - REVENUE AND TAXATION (§§ 48-1-1 — 48-18-1) › Chapter 7 - INCOME TAXES (§§ 48-7-1 — 48-7-170) › Article 2 - IMPOSITION, RATE, AND COMPUTATION; EXEMPTIONS (§§ 48-7-20 — 48-7-42) › Section 48-7-40.34 - [Effective Until 1/1/2025] Tax credits for Class III railroads; reporting

(a)
As used in this Code section, the term:
(1)
"Class III railroad" means a rail carrier classified as a Class III railroad by the United States Surface Transportation Board in accordance with Section
1-1
of
49 C.F.R. 1201
, as it existed on January 1, 2018.
(2)
"Qualified railroad track maintenance expenditures" means gross expenditures for maintaining railroad track, including roadbed, bridges, and related track structures, owned or leased as of January 1, 2018, by a Class III railroad.
(b)
A Class III railroad shall be given a credit against the tax imposed under this article for a taxable year in the amount of 50 percent of the qualified railroad track maintenance expenditures paid or incurred by such Class III railroad during the taxable year, provided that such credit shall not exceed $3,500.00 multiplied by each mile of railroad track owned or leased in this state as of the close of the taxable year by such Class III railroad.
(c)
(1)
The credit given under this Code section shall only be allowed once for each mile of railroad track in each taxable year.
(2)
Such credit shall be given for each taxable year beginning on or after January 1, 2019, and ending on or before December 30, 2026, in which the conditions of this Code section have been met.
(d)
If a credit is given under this Code section with respect to any railroad track, the basis of such railroad track shall be reduced by the amount of the credit so allowed.
(e)
The tax credits given to a Class III railroad by this Code section that are not used by such Class III railroad shall be freely assignable one time between January 1, 2019, and January 1, 2027, by written agreement to a taxpayer subject to the tax imposed by this chapter.
(f)
On or before September 1 of 2020 and annually thereafter until 2027, the commissioner shall issue a report to the chairpersons of the Senate Finance Committee and the House Committee on Ways and Means concerning the tax credit created by this Code section, which shall include the following statistics for the preceding taxable year:
(1)
The total number of taxpayers that claimed a credit provided by this Code section; and
(2)
The number and total value of all credits earned and all credits applied during such tax year pursuant to this Code section.
(g)
The commissioner shall promulgate such forms, rules, and regulations as are necessary to implement and administer the provisions of this Code section.
(h)
This Code section shall be automatically repealed on January 1, 2027.
Amended by 2021 Ga. Laws 166,§ 4-1, eff. 7/1/2021.
Added by 2018 Ga. Laws 476,§ 2, eff. 5/8/2018.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 CODE OF GEORGIA › Title 48 - REVENUE AND TAXATION (§§ 48-1-1 — 48-18-1) › Chapter 7 - INCOME TAXES (§§ 48-7-1 — 48-7-170) › Article 2 - IMPOSITION, RATE, AND COMPUTATION; EXEMPTIONS (§§ 48-7-20 — 48-7-42) › Section 48-7-40.35 - [Reserved]

Amended by 2024 Ga. Laws 701,§ 5, eff. 7/1/2024.
Amended by 2020 Ga. Laws 521,§ 48, eff. 7/29/2020.
Amended by 2019 Ga. Laws 321,§ 48, eff. 5/12/2019.
Added by 2018 Ga. Laws 476,§ 3, eff. 5/8/2018.
2023 CODE OF GEORGIA › Title 48 - REVENUE AND TAXATION (§§ 48-1-1 — 48-18-1) › Chapter 7 - INCOME TAXES (§§ 48-7-1 — 48-7-170) › Article 2 - IMPOSITION, RATE, AND COMPUTATION; EXEMPTIONS (§§ 48-7-20 — 48-7-42) › Section 48-7-41 - [Reserved] Basic skills education program credits

Amended by 2023 Ga. Laws 353,§ 7, eff. 7/1/2023.
Repealed pursuant to its own terms effective January 1, 2020.
2023 CODE OF GEORGIA › Title 48 - REVENUE AND TAXATION (§§ 48-1-1 — 48-18-1) › Chapter 7 - INCOME TAXES (§§ 48-7-1 — 48-7-170) › Article 3 - RETURNS AND FURNISHING OF INFORMATION (§§ 48-7-50 — 48-7-64) › Section 48-7-50 - Persons required to file returns; filing of copies of all or part of taxpayers' federal tax returns

(a)
An income tax return with respect to the tax imposed by this chapter shall be filed with the commissioner by every:
(1)
Resident who is required to file a federal income tax return for the taxable year;
(2)
Nonresident who has federal gross income from sources within this state;
(3)
Resident estate or trust that is required to file a federal income tax return;
(4)
Nonresident estate or trust that has federal gross income from sources within this state; and
(5)
Resident or nonresident who has taxable income subject to Georgia income tax for the taxable year who does not have taxable income subject to federal income tax for the same taxable year.
(b)
The commissioner may require each taxpayer by regulation to file with the return required by this chapter a copy of all or any part of the taxpayer's federal income tax return for the corresponding period.
2023 CODE OF GEORGIA › Title 48 - REVENUE AND TAXATION (§§ 48-1-1 — 48-18-1) › Chapter 7 - INCOME TAXES (§§ 48-7-1 — 48-7-170) › Article 3 - RETURNS AND FURNISHING OF INFORMATION (§§ 48-7-50 — 48-7-64) › Section 48-7-51 - Corporation returns; contents; consolidated returns of two or more corporations; returns by receivers, trustees, and assignees; collection

Every corporation subject to taxation under this chapter shall make a return stating specifically the items of its gross income and the deductions and credits allowed by this chapter. The income of two or more corporations shall not be included in a single return except pursuant to an election made under Code Section
48-7-21
or with the express consent of the commissioner. When a receiver, trustee in bankruptcy, or assignee is operating the property or business of a corporation, the receiver, trustee, or assignee shall make returns for the corporation in the same manner and form as the corporation is required to make returns. Any tax due on the basis of returns made by a receiver, trustee, or assignee shall be collected in the same manner as if collected from the corporation of whose business or property he or she has custody and control.
Amended by 2022 Ga. Laws 824,§ 2, eff. 5/2/2022, app. to all taxable years beginning on or after 1/1/2023.
2023 CODE OF GEORGIA › Title 48 - REVENUE AND TAXATION (§§ 48-1-1 — 48-18-1) › Chapter 7 - INCOME TAXES (§§ 48-7-1 — 48-7-170) › Article 3 - RETURNS AND FURNISHING OF INFORMATION (§§ 48-7-50 — 48-7-64) › Section 48-7-52 - Returns by corporations of information concerning dividend payments; oath; contents

Every corporation subject to the tax imposed by this chapter shall render a correct return of its payments of dividends. The return shall be duly verified under oath and shall state with respect to each shareholder who is a resident of this state the name and address of each shareholder, the number of shares owned by the shareholder, and the amount of dividends paid to the shareholder.
2023 CODE OF GEORGIA › Title 48 - REVENUE AND TAXATION (§§ 48-1-1 — 48-18-1) › Chapter 7 - INCOME TAXES (§§ 48-7-1 — 48-7-170) › Article 3 - RETURNS AND FURNISHING OF INFORMATION (§§ 48-7-50 — 48-7-64) › Section 48-7-54 - Electronic filing for nonindividual taxpayers

The commissioner may require any nonindividual taxpayer and any return preparer who prepares any return, report, or other document required to be filed by this chapter to electronically file any return, report, or other document required to be filed by this chapter when the federal counterpart of such return, report, or other document is required to be filed electronically pursuant to the Internal Revenue Code of 1986 or Internal Revenue Service regulations. The commissioner shall be authorized to prescribe forms and promulgate rules and regulations deemed necessary in order to effectuate this Code section.
Amended by 2010 Ga. Laws 627,§ 3, eff. 7/1/2010.
Amended by 2008 Ga. Laws 746,§ 9, eff. 5/14/2008.
2023 CODE OF GEORGIA › Title 48 - REVENUE AND TAXATION (§§ 48-1-1 — 48-18-1) › Chapter 7 - INCOME TAXES (§§ 48-7-1 — 48-7-170) › Article 3 - RETURNS AND FURNISHING OF INFORMATION (§§ 48-7-50 — 48-7-64) › Section 48-7-55 - [Repealed] Required questions on returns for individuals

Repealed by 2005 Ga. Laws 98,§ 1, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 48 - REVENUE AND TAXATION (§§ 48-1-1 — 48-18-1) › Chapter 7 - INCOME TAXES (§§ 48-7-1 — 48-7-170) › Article 3 - RETURNS AND FURNISHING OF INFORMATION (§§ 48-7-50 — 48-7-64) › Section 48-7-57 - Penalty for failure to file timely return; rate; maximum; failure due to reasonable cause; reduction of tax due by partial payment, credit, or other penalty; applicability of federal return extension to state return

(a)
In case of failure to file an income tax return on the date prescribed for the filing, such date to be determined with regard to any extension of time for filing, there shall be added to the amount of tax required to be shown on the return 5 percent of the amount of the tax if the failure is for not more than one month with an additional 5 percent for each additional month or fraction of a month during which the failure to file continues. No penalty shall be assessed pursuant to this Code section which exceeds in the aggregate 25 percent of the amount of the tax. No penalty shall be assessed pursuant to this Code section when it is shown that the failure is due to reasonable cause and not due to willful neglect.
(b)
For the purposes of this Code section, the amount of tax required to be shown on the return shall be reduced by the amount of any part of the tax which is paid on or before the date prescribed for payment of the tax and by the amount of any credit against the tax which may be claimed on the return.
(c)
With respect to any return, the amount of the addition under subsection (a) of this Code section shall be reduced by the amount of the addition under paragraph (1) of subsection (a) of Code Section
48-7-86
for any month to which an addition to tax applies under both subsection (a) of this Code section and paragraph (1) of subsection (a) of Code Section
48-7-86
.
(d)
(1)
No penalty due to late filing shall be incurred by a taxpayer if the taxpayer attaches to the state return a copy of an approved extension of time within which to file the federal income tax return which has been granted by the Internal Revenue Service and also files the state return within the period of time specified in the extension or, for tax years beginning on or after January 1, 2025, in the case of a corporate taxpayer, within the period of time specified in the extension, plus one month. In such instances, the taxpayer need not apply to the commissioner for an extension of time within which to file the state return.
(2)
Nothing in paragraph (1) of this subsection shall allow a taxpayer to defer payment of a corporate income tax liability beyond the original due date provided for in Code Section
48-7-56
.
Amended by 2024 Ga. Laws 376,§ 3, eff. 7/1/2024, app. to all taxable years beginning on or after 1/1/2024.
2023 CODE OF GEORGIA › Title 48 - REVENUE AND TAXATION (§§ 48-1-1 — 48-18-1) › Chapter 7 - INCOME TAXES (§§ 48-7-1 — 48-7-170) › Article 3 - RETURNS AND FURNISHING OF INFORMATION (§§ 48-7-50 — 48-7-64) › Section 48-7-57.1 - Filing of returns which are frivolous or desire to impede the administration of state income tax laws

(a)
A penalty of $1,000.00 may be assessed against any individual who files what purports to be a return of the tax imposed by Article 2 of this chapter if:
(1)
The purported return:
(A)
Does not contain information on which the substantial correctness of the amount of tax shown to be due may be judged; or
(B)
Contains information that on its face indicates that the amount of tax shown to be due is substantially incorrect; and
(2)
The conduct described in paragraph (1) of this subsection is due to:
(A)
A position which is frivolous; or
(B)
A desire which appears on the purported return to delay or impede the administration of state income tax laws.
(b)
The penalty imposed by subsection (a) of this Code section shall be in addition to any other penalty provided by law.
Amended by 2004 Ga. Laws 495, § 5, eff. 5/13/2004.
2023 CODE OF GEORGIA › Title 48 - REVENUE AND TAXATION (§§ 48-1-1 — 48-18-1) › Chapter 7 - INCOME TAXES (§§ 48-7-1 — 48-7-170) › Article 3 - RETURNS AND FURNISHING OF INFORMATION (§§ 48-7-50 — 48-7-64) › Section 48-7-58 - Taxpayer activities distorting true net income; proper computation by commissioner; determination of taxable income of corporations engaging in improper activities; consideration of potential reasonable profits

(a)
When the commissioner has reason to believe that any taxpayer conducts his or her trade or business so as to evade taxes, distort directly or indirectly his or her true net income, or distort directly or indirectly the net income properly attributable to this state, whether by the arbitrary shifting of income, through price fixing, charges for service, or otherwise, as a result of which the net income is arbitrarily assigned to a person related to the taxpayer, the commissioner may require the facts as he or she deems necessary for the proper computation of the entire net income and the net income properly attributable to this state. In determining the computation, the commissioner shall consider the fair profit which would normally arise from the conduct of the trade or business. The commissioner shall by regulation provide when to apply this subsection.
(b)
(1)
Additionally, the commissioner may determine the amount of taxable income of any one or more corporations for a calendar or fiscal year when a corporation:
(A)
Subject to taxation under this chapter conducts its business in such manner as to benefit either directly or indirectly the members or stockholders of the corporation or any person interested in the business of the corporation by selling its products or the goods or commodities in which it deals at less than the fair price which might be obtained for the goods or commodities;
(B)
A substantial portion of whose capital stock is directly or indirectly owned by another corporation acquires and disposes of the products of the corporation so owning a substantial portion of its stock in such a manner as to create a loss or improper net income for either of the corporations; or
(C)
Directly or indirectly owning a substantial portion of the stock of another corporation acquires and disposes of the products of the corporation of which it so owns a substantial portion of the stock in such a manner as to create a loss or improper net income for either of the corporations.
(2)
In his or her determination, the commissioner shall consider the reasonable profits which, but for the arrangement or understanding, might or could have been obtained by the corporation or corporations subject to taxation under this chapter from dealing in such products, goods, or commodities.
Added by 2005 Ga. Laws 31,§ 18, eff. 4/12/2005.
2023 CODE OF GEORGIA › Title 48 - REVENUE AND TAXATION (§§ 48-1-1 — 48-18-1) › Chapter 7 - INCOME TAXES (§§ 48-7-1 — 48-7-170) › Article 3 - RETURNS AND FURNISHING OF INFORMATION (§§ 48-7-50 — 48-7-64) › Section 48-7-59 - Examination of federal income tax returns

Whenever in the opinion of the commissioner it is necessary to examine any copy of the federal income tax returns of any taxpayer in order to audit properly the state returns of the taxpayer, the commissioner shall have the right to examine the federal returns and all statements, inventories, and schedules in support of the returns.
2023 CODE OF GEORGIA › Title 48 - REVENUE AND TAXATION (§§ 48-1-1 — 48-18-1) › Chapter 7 - INCOME TAXES (§§ 48-7-1 — 48-7-170) › Article 3 - RETURNS AND FURNISHING OF INFORMATION (§§ 48-7-50 — 48-7-64) › Section 48-7-61 - Unlawful divulging of confidential information concerning income taxes under Code Section 48-7-60; penalties

(a)
It shall be unlawful for any person to violate any provision of Code Section
48-7-60
when the violation involves the divulging of information concerning income taxes.
(b)
Any person who violates subsection (a) of this Code section shall be guilty of a misdemeanor.
(c)
In addition to the penalty provided in subsection (b) of this Code section, if the offender is an officer or employee of the state, he shall be dismissed from office and shall be incapable of holding any public office in this state for a period of five years after his dismissal.
2023 CODE OF GEORGIA › Title 48 - REVENUE AND TAXATION (§§ 48-1-1 — 48-18-1) › Chapter 7 - INCOME TAXES (§§ 48-7-1 — 48-7-170) › Article 3 - RETURNS AND FURNISHING OF INFORMATION (§§ 48-7-50 — 48-7-64) › Section 48-7-62 - Optional taxpayer contributions to the Georgia National Guard Foundation through income tax payment and refund process

(a)
Each Georgia income tax return form for taxable years beginning on or after January 1, 2005, shall contain appropriate language, to be determined by the state revenue commissioner, offering the taxpayer the opportunity to contribute to the Georgia National Guard Foundation by donating either all or any part of any tax refund due, by authorizing a reduction in the refund check otherwise payable, or by contributing any amount over and above any amount of tax owed by adding that amount to the taxpayer's payment. The instructions accompanying the income tax return form shall contain a description of the purposes for which this fund was established and the intended use of moneys received from the contributions. Each taxpayer required to file a state income tax return who desires to contribute to the foundation may designate such contribution as provided in this Code section on the appropriate income tax return form.
(b)
The Department of Revenue shall determine annually the total amount so contributed and shall transmit such amount to the Georgia National Guard Foundation. The Georgia National Guard Foundation is the nonprofit 501(c)(3) corporation whose purpose is to provide support to members of the Georgia Department of Defense.
Added by 2005 Ga. Laws 30,§ 3, eff. 4/12/2005.
2023 CODE OF GEORGIA › Title 48 - REVENUE AND TAXATION (§§ 48-1-1 — 48-18-1) › Chapter 7 - INCOME TAXES (§§ 48-7-1 — 48-7-170) › Article 3 - RETURNS AND FURNISHING OF INFORMATION (§§ 48-7-50 — 48-7-64) › Section 48-7-63 - Optional taxpayer contributions to permitted stem cell research through income tax payment and refund process

(a)
Each Georgia income tax return form for taxable years beginning on or after January 1, 2007, shall contain appropriate language, to be determined by the commissioner, offering the taxpayer the opportunity to contribute to permitted stem cell research, as defined in Code Section
31-46-2
, through the Georgia Commission for Saving the Cure by donating either all or any part of any tax refund due, by authorizing a reduction in the refund check otherwise payable, or by contributing any amount over and above any amount of tax owed by adding that amount to the taxpayer's payment. The instructions accompanying the income tax return form shall contain a description of the purposes for which the commission was established and the intended use of moneys received from the contributions. Each taxpayer required to file a state income tax return who desires to contribute to the commission may designate such contribution as provided in this Code section on the appropriate income tax return form.
(b)
The Department of Revenue shall determine annually the total amount so contributed and shall transmit such amount to the Georgia Commission for Saving the Cure.
Amended by 2009 Ga. Laws 8,§ 48, eff. 4/14/2009.
Added by 2007 Ga. Laws 247,§ 3, eff. 5/24/2007.
2023 CODE OF GEORGIA › Title 48 - REVENUE AND TAXATION (§§ 48-1-1 — 48-18-1) › Chapter 7 - INCOME TAXES (§§ 48-7-1 — 48-7-170) › Article 3 - RETURNS AND FURNISHING OF INFORMATION (§§ 48-7-50 — 48-7-64) › Section 48-7-64 - Tax exempt contributions to the Technical College System of Georgia Foundation for scholarships awards

(a)
Each Georgia income tax return form for taxable years beginning on or after January 1, 2023, shall contain appropriate language, to be determined by the state revenue commissioner, offering the taxpayer the opportunity to contribute to the Technical College System of Georgia Foundation by donating either all or any part of any tax refund due, by authorizing a reduction in the refund check otherwise payable, or by contributing any amount over and above any amount of tax owed by adding that amount to the taxpayer's payment. The instructions accompanying the income tax return form shall contain a description of the purposes for which this fund was established and the intended use of moneys received from the contributions. Each taxpayer required to file a state income tax return who desires to contribute to the foundation may designate such contribution as provided in this Code section on the appropriate income tax return form.
(b)
The Department of Revenue shall determine annually the total amount so contributed and shall transmit such amount to the Technical College System of Georgia Foundation, which is a nonprofit 501(c)(3) corporation that supports the Technical College System of Georgia through marketing, advocacy, and fundraising to benefit college programs, faculty, and students. All contributions received by such organization pursuant to this Code section shall be used exclusively to award scholarships to the Technical College System of Georgia to veterans with service-connected disabilities as such term is defined in
38 U.S.C. Section 101(16)
.
Added by 2022 Ga. Laws 642,§ 2, eff. 4/18/2022, app. to all taxable years beginning on or after 1/1/12023.