Compilation of Rules and Regulations of the State of Georgia › Department 560 - RULES OF DEPARTMENT OF REVENUE › Chapter 560-7 - INCOME TAX DIVISION › Subject 560-7-8 - RETURNS AND COLLECTIONS › Rule 560-7-8-.14 - Headquarters Job Tax Credit

Current through Rules and Regulations filed through June 27, 2024
(1)
Program Description.
The
				headquarters job tax credit program authorized by Section
				 48-7-40.17 provides a credit for taxes for a taxpayer establishing its headquarters in
				this state or relocating its headquarters into this state.
(2)
Definitions.
(a)
Average Wage.
The term
				"average wage" means the average wage of the county in which a full-time job is
				located as reported in the most recent annual issue of the Georgia Employment
				and Wages Averages Report of the Department of Labor that is available as of
				the last day of the tax year in which the jobs were created. For purposes of
				this definition, wages means the total dollars paid during the year to an
				employee, including but not limited to bonuses, incentive pay, and deductions
				from gross pay. Wages does not mean contributions made by employers on behalf
				of employees to health insurance, retirement, or other benefit
				programs.
(b)
Full-time Job.
The term "full-time job" means employment for an individual in a
				permanent, full-time position located in this state which:
1. Is located at a headquarters and is
				engaged in performing headquarters related functions and services as a
				headquarters staff employee;
2. Has
				a regular workweek of 30 hours or more;
3. Pays at or above:
(i) In tier 1 counties, the average wage of
				the county in which it is located;
(ii) In tier 2 counties, 105 percent of the
				average wage of the county in which it is located;
(iii) In tier 3 counties, 110 percent of the
				average wage of the county in which it is located; and
(iv) In tier 4 counties, 115 percent of the
				average wage of the county in which it is located; and
4. Has no predetermined end date.
(c)
Headquarters.
The
				term "headquarters" means the principal central administrative office of a
				taxpayer, where headquarters staff employees are located and employed, and
				where the primary headquarters related functions and services are
				performed.
(d)
Tier.
The term "tier" means a tier as designated pursuant to Code Section
				 48-7-40, as amended.
(e)
Headquarters
				Related Functions and Services.
The term "headquarters related functions
				and services" means those functions involving financial, personnel,
				administrative, legal, planning, or similar business functions performed by
				headquarters staff employees.
(f)
Headquarters Staff Employees.
The term "headquarters staff
				employee" means executive, administrative, or professional workers performing
				headquarters related functions and services.
1. An executive employee is a full-time job
				employee who is primarily engaged in the management of all or part of the
				enterprise.
2. An administrative
				employee is a full-time job employee who is not primarily involved in manual
				work and whose work is directly related to management policies or general
				headquarters operations.
3. A
				professional employee is an employee whose primary duty is work requiring
				knowledge of an advanced type in a field of science or learning. This knowledge
				is characterized by a prolonged course of specialized study.
(g)
New Full-Time Jobs.
The term "new full-time jobs" refers to full-time jobs that are new to
				the state of Georgia. Jobs that are transferred from other Georgia locations of
				the taxpayer or from other Georgia locations of an affiliate of the taxpayer
				would not be jobs that are new to the state of Georgia. However, an employee in
				a new full-time job may be employed at a temporary location in this state
				pending completion of construction or renovation work at the
				headquarters.