Compilation of Rules and Regulations of the State of Georgia › Department 560 - RULES OF DEPARTMENT OF REVENUE › Chapter 560-3 - FISCAL OPERATIONS DIVISION › Subject 560-3-2 - SUBSTANTIVE REGULATIONS › Rule 560-3-2-.26 - Electronic Funds Transfer, Credit Card Payments, and Electronic Filing

Current through Rules and Regulations filed through June 27, 2024
(1)
Purpose.
The purpose of this rule is to provide guidance
				concerning the administration of O.C.G.A. §
									48-2-32(f), which authorizes the Georgia Department of Revenue to require certain taxpayers
				to file returns electronically and to remit taxes to the Department by the
				electronic transfer of funds. This rule also provides guidance in regard to
				submitting payment by either credit or debit card. Additionally, it provides
				guidance regarding O.C.G.A. §§
									48-2-35,  48-2-44.1 and 
				 48-7-54 and  provides other circumstances when electronic filing is required.
(2)
Definitions.
(a) "ACH" means automated clearing house,
				which is a central clearing facility operated by the Federal Reserve Bank or an
				organization established by agreement with the National Automated Clearing
				House Association (NACHA) that operates as a clearing house for transmitting or
				receiving entries between banks or bank accounts and authorizes electronic
				transfers of funds between banks or bank accounts.
(b) "ACH debit" means a transaction by which
				the Department or its designated agent originates, with the taxpayer's
				approval, an ACH transaction debiting a taxpayer's bank account and crediting
				the Department's bank account for the amount of the payment due.
(c) "ACH credit" means a transaction by which
				a taxpayer originates an ACH transaction debiting the taxpayer's bank account
				and crediting the Department's bank account for the amount of the payment
				due.
(d) "Business day" means every
				day except Saturday, Sunday, or any holiday observed by the Federal Reserve
				Bank or the State of Georgia.
(e)
				"Credit card" means any credit card as defined in section 103(k) of the Truth
				in Lending Act (15 U.S.C. 1602(k)), including any
				credit card, charge card, or other credit device issued for the purpose of
				obtaining money, property, labor, or services on credit.
(f) "Debit card" means any accepted card or
				other means of access as defined in section 903(1) of the Electronic Fund
				Transfer Act (15 U.S.C. 1693a(1)), including any
				debit card or similar device or means of access to an account issued for the
				purpose of initiating electronic fund transfers to obtain money, property,
				labor, or services.
(g)
				"Department" means the Georgia Department of Revenue.
(h) "Department's designated agent" is any
				such agent the Department deems to be qualified and equipped to undertake and
				safeguard the electronic filing of returns, reports, or other documents filed
				by taxpayers or the receipt of payments.
(i) "Electronic" means, but is not limited
				to, electronic data interchange; electronic funds transfer; or use of the
				Internet, telephone, or other technology specified by the Department and the
				filing of a return by computer technology.
(j) "Electronic Funds Transfer (EFT)" means a
				method of making financial payments, from one party to another, through a
				series of instructions and messages communicated electronically, via computer,
				among financial institutions. It also means any transfer of funds (other than a
				transaction originated by check, draft or similar paper instrument) that is
				initiated through an electronic terminal, telephonic instrument, and computer
				to authorize a financial institution to debit or credit an account.
(k) "Immediately available funds" means tax
				payments transmitted to the Department by electronic funds transfer such that
				the State of Georgia receives all collectible funds on the date such tax
				payment is statutorily required to be paid. A payment of tax by credit card or
				debit card shall be deemed to be immediately available to the State when the
				issuer of the credit card or debit card properly authorizes the transaction,
				provided that payment is actually received by the Department in the ordinary
				course of business and is not returned. A payment of tax by ACH debit shall be
				deemed to be immediately available to the State when the taxpayer initiates the
				transaction by providing the essential information to the Department or the
				Department's designated agent, provided that payment is actually received by
				the Department in the ordinary course of business and is not
				returned.
(l) "Nonindividual" means
				any firm, partnership, cooperative, nonprofit membership corporation, joint
				venture, association, company, corporation, agency, syndicate, estate, trust,
				business trust, receiver, fiduciary, or other group or combination acting as a
				unit, body politic, or political subdivision, whether public, private, or
				quasi-public, and any other legal entity.
(m) "Return Preparer" means any person who
				prepares for compensation, or who employs one or more persons to prepare for
				compensation, any return imposed under Title 48, or any claim for refund. The
				preparation of a substantial portion of a return or claim for refund shall be
				treated as if it were the preparation of such return or claim for refund. A
				person shall not be considered a return preparer merely because the person does
				any of the following:
1. Furnishes typing,
				reproducing, or other mechanical assistance;
2. Prepares a return or claim for refund of
				the employer, or an officer or employee of the employer, by whom the person is
				regularly and continuously employed;
3. Prepares as a fiduciary a return or claim
				for refund for any person; or
4.
				Prepares a claim for refund for a taxpayer in response to a notice of proposed
				assessment issued to the taxpayer.
(n) "Tax" means tax, interest, penalty, and
				fees.
(o) "Taxpayer" means any
				person as defined in O.C.G.A. §
										48-1-2, and their agents, who is required to pay a tax or file any return, report, or
				other document.
(p) "Wire transfer"
				means a transaction via the taxpayer's bank by which a taxpayer originates an
				entry crediting the Department's bank account and debiting the taxpayer's bank
				account on the same day that the transaction is initiated.
(q) "Fedwire" means Federal Reserve Wire
				Transfer, a transaction utilizing the federal electronic payment system to
				transfer funds through Federal Reserve Banks.