reglab/statecodes huggingface dataset:
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OF REVENUE › Chapter 560-7 - INCOME TAX DIVISION › Subject 560-7-8 - RETURNS AND COLLECTIONS › Rule 560-7-8-.02 - Repealed

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. Sec.
				  48-2-12.
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-.03 - Alternate Method of Determining Income

Current through Rules and Regulations filed through June 27, 2024
(1)
Purpose.
The purpose of this
				regulation is to provide guidance concerning the administration of O.C.G.A.
				§
									48-7-35.
(2)
Application for Permission to use
				Another Method.
(a) O.C.G.A. §
										48-7-35 provides that if any corporation or nonresident shows by any method of
				allocation other than the processes or formulas prescribed by Chapter 7 of
				Title 48 that another method reflects more clearly the income attributable to
				the trade or business within Georgia, application for permission to base its
				return upon the other method shall be considered by the Commissioner.
(b) The application shall be accompanied by a
				statement setting forth in detail with full explanations the method the
				corporation or nonresident believes will more clearly reflect its income from
				trade or business within Georgia. If the commissioner concludes that the method
				submitted by the corporation or nonresident is in fact inapplicable and
				inequitable, he or she shall reject the application and shall so notify the
				corporation or nonresident. Failure to receive the commissioner's notice shall
				not operate to relieve the corporation or nonresident from liability for not
				filing the return on its due date utilizing the method prescribed by Chapter 7
				of Title 48.
(c) Corporations or
				nonresidents that wish to request such permission from the Commissioner shall
				file an application, petition, or request with the Commissioner at least ninety
				(90) days prior to the due date of the Georgia return (including extensions) or
				at least ninety (90) days prior to the filing of the return, whichever occurs
				first, for the tax year for which such application is requested. Failure to
				request permission by such time will result in the filing of an income tax
				return subject to the regular method for the applicable tax year.
(d) The Commissioner will find that the
				method is in fact inapplicable and inequitable unless:
1. Unusual fact patterns occur that are
				unique and which will produce incongruous results based upon standard
				allocation and apportionment provisions; and
2. The corporation or nonresident establishes
				by clear and convincing evidence that the corporation's or nonresident's
				proposed method would more clearly reflect the income from trade or business
				within Georgia.
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-.04 - Corporation Returns

Current through Rules and Regulations filed through June 27, 2024
Every corporation not expressly exempt from taxation must
				 make a return of income regardless of the amount of its income. Ordinary
				 corporations make their return on Form No. 600. Electing small business
				 corporations under Subchapter S of the Internal Revenue Code, although exempt
				 from Georgia income tax, make their return on Form No. 600-S. Copies of
				 corporate returns will, so far as possible, be furnished taxpayers. The
				 corporation, however, will not be excused from making a return because no
				 return form has been furnished to it. Each corporation should carefully prepare
				 its return so as to fully and dearly set forth the data called for therein.
				 Imperfect or incorrect returns will not be accepted as meeting the requirements
				 of the law. A corporation in existence during any portion of a taxable year is
				 required to make a return. A corporation which has received a charter, but
				 which has never perfected its organization, has transacted no business and has
				 had no income from any source may, upon presentation of these facts to the
				 Commissioner, be relieved from the necessity of making an income tax return so
				 long as it remains in an unorganized condition. In the absence of a proper
				 showing to the Commissioner, such a corporation will be required to make a
				 return.
Ga. Code Ann. Secs.
				 92-3005, 92-3006, 92-8405, 92-8406, 92-8409,
				 92-8427.
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-.05 - Repealed

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. Sec.
				  48-2-12.
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-.06 - Repealed

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. Sec.
				  48-2-12.
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-.07 - Shifting of Income

Current through Rules and Regulations filed through June 27, 2024
(1)
				This section of the Act was enacted for the purpose of preventing diversion of
				profits in an arbitrary manner between corporations and their stockholders or
				between affiliated corporations. There has been a tendency on the part of some
				corporations operating both within and without the State to form separate
				corporations to engage in the several activities, all of which form a part of
				the overall operation. If, for example, a manufacturing company operates in
				Georgia it may sell its products to an affiliated selling company outside
				Georgia at prices which may or may not result in a proper profit for
				manufacturing the products. Or if a sales company operates within Georgia it
				may buy products from a manufacturing affiliate outside Georgia at prices which
				may or may not result in proper profit from selling activities. Some common
				forms of diversion of income are:
(a) Sales
				at more or less than fair value.
(b) Purchases at more or less than fair
				value.
(c) Fixing profits in
				advance by contract, such as a parent corporation, guaranteeing costs and
				expenses of a subsidiary, plus a fixed fee, or percentage.
(d) Payment of unreasonable officers'
				salaries, rents, royalties, interest, and other charges against
				income.
(e) Billing a product to an
				affiliate at factory cost. There are other methods by which affiliates not
				dealing at arms length may distort or divert profits.
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-.08 - Time and Place of Filing Returns

Current through Rules and Regulations filed through June 27, 2024
(1) The automatic extension for filing a
				return accepted by the Internal Revenue Service is honored by the State of
				Georgia for the same number of months from the statutory due date of the
				Georgia return. A regular extension of time for filing for an individual and an
				additional extension of time for filing for a corporation granted by the
				Internal Revenue Service is accepted by the State of Georgia to the same due
				date of the Federal return. The taxpayer may petition for additional time,
				however Georgia Law prohibits the granting of an extension of over 6 months in
				the aggregate from the statutory due date of the return.
Ga. Code Ann. Secs.
				 92-3005, 92-3006, 92-3211, 92-8405, 92-8406, 92-8409,
				 92-8427.
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-.09 - Addition to Tax in Case of Nonpayment

Current through Rules and Regulations filed through June 27, 2024
(1) If the amount of tax shown on a return as
				being due (after consideration of allowable credits) or any part thereof, is
				not paid by the date prescribed for such payment, a penalty, as hereinafter
				provided, shall be added to and collected as part of such tax, unless the
				taxpayer proves to the satisfaction of the Commissioner that there is
				reasonable cause for such delinquency. An extension of time for payment of tax
				is not provided for in O.C.G.A. §
									48-7-86.
				An extension of time to file a return does not extend the time for payment of
				tax. The taxpayer who has an approved Federal extension of time to file must
				pay the Georgia tax due on or before the statutory date prescribed for
				payment.
(2) If the amount of tax
				specified in a notice and demand for any tax required to be shown on a return
				which is not so shown is not paid within 10 days from the date thereof, a
				penalty, as hereinafter provided, shall be added to and collected as a part of
				such tax, unless the taxpayer proves to the satisfaction of the Commissioner
				that there is reasonable cause for such delinquency.
(3) The penalty cited in paragraphs (1) and
				(2) above shall be 1/2 of 1% for each month or fractional part thereof of
				delinquency. For purposes of this section, the term "month" shall be the period
				from the date of the month on which the return is due to the same day in the
				next succeeding month and thereafter to the corresponding date of each
				succeeding month.
(4) The maximum
				late payment penalty and late filing penalty imposed by O.C.G.A. §
									48-7-57 shall not exceed 25% of the tax not paid by the due date (excluding
				extensions).
(5) Penalty for
				Negligence. If all or any part of a deficiency in tax is determined by the
				Commissioner to be attributable to either negligence or to an intentional
				disregard of the Georgia Law and the Rules and Regulations thereunder, a
				penalty of 5% of such deficiency shall be assessed and collected as a part of
				such tax.
(6) Penalty for Fraud. If
				all or any part of a deficiency in tax is determined by the Commissioner to be
				attributable to fraud, a penalty of 50% of such deficiency shall be assessed
				and collected as a part of such tax. If a penalty for fraud is asserted with
				respect to any tax, no further penalty shall be assessed on such tax.
O.C.G.A. Secs.
				  48-2-12,  48-7-86, 92-3005, 92-3006, 92-8405, 92-8406, 92-8409,
				 92-8427.
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-.10 - Penalties for Late Filing.Amended

Current through Rules and Regulations filed through June 27, 2024
(1) If an income tax return is not filed on
				or before the due date therefor, a penalty as hereinafter provided shall be
				added to and collected as a part of the tax due thereon, unless the taxpayer
				proves to the satisfaction of the Commissioner that there is reasonable cause
				for such delinquency, or unless the taxpayer furnishes with his return a copy
				of an extension of time granted by the Internal Revenue Service and files such
				return within such extended time.
(2) The penalty, cited above, shall be 5% for
				each month or fractional part thereof of delinquency. For purposes of this
				section, the term "month" shall mean the period from the date of the month on
				which the return is due to the same date in the next succeeding month, and
				thereafter to the corresponding date of each succeeding month. A penalty
				assertable under this section shall be computed on the tax required to be shown
				on the return less any allowable credits or payments made on or before the
				statutory date prescribed for payment of tax.
(3) In the event both the late filing penalty
				and the late payment penalty imposed by O.C.G.A. §
									48-7-86 are imposed in the same month, the amount of the late filing penalty shall be
				reduced by the amount of the late payment penalty that is imposed in such
				month.
(4) The maximum late filing
				penalty and late payment penalty imposed by O.C.G.A. §
									48-7-86 shall not exceed 25% of the tax not paid by the due date (excluding
				extensions).
O.C.G.A. Secs.
				  48-2-12,  48-7-57, 92-3005, 92-3006, 92-8405, 92-8406, 92-8409,
				 92-8427.
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-.11 - Commissioner to Prepare Delinquent Returns

Current through Rules and Regulations filed through June 27, 2024
If it is necessary for the Commissioner to prepare a return
				 under this section, and he does so prepare it, or if he makes additional
				 assessment hereunder, the taxpayer is not necessarily relieved of prosecution.
				 The Commissioner may call upon the solicitor general of any Superior Court
				 Circuit in this State, or the Attorney General of Georgia to prosecute a
				 violator of this law.
O.C.G.A. Secs.
				  48-1-5,  48-2-12,  48-2-37,  48-7-5, 92-3005, 92-3006, 92-8405, 92-8406, 92-8409,
				 92-8427.
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-.12 - Examination of Records of Taxpayers

Current through Rules and Regulations filed through June 27, 2024
The Statute of Limitations provided in O.C.G.A. §
									48-2-49 and  O.C.G.A. §
									48-7-82 does not apply to an examination of the records of any taxpayer under this law,
				 by the Commissioner or his agent.
O.C.G.A. Secs.
				  48-2-12,  48-2-49,  48-7-82.
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-.13 - Repealed

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. Sec.
				  48-2-12.
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-.15 - Interest on Deficiencies

Current through Rules and Regulations filed through June 27, 2024
(1)Interest at the rate provided in O.C.G.A.
				§
									48-2-40 and  referred to in O.C.G.A. §§
									48-7-81 and 
				 48-7-126 shall be computed on all deficiencies or unpaid tax from the date such payment
				of tax was due until paid.
(2) For
				purposes of this rule the date such payment of tax was due shall refer to the
				due date of the return on which such tax is payable, and shall ignore any
				extension of time granted for filing such return, or any assessment of tax
				prior to such due date.
(3)If there
				is a deficiency or unpaid tax on any return which is subsequently decreased by
				a carry-back of a net operating loss, interest and penalty shall be computed on
				such deficiency or unpaid tax, without consideration of such carry-back loss,
				from the date such payment of tax was due to the last day of the taxable year
				in which such net operating loss occurs. Thereafter, interest and penalty shall
				be computed on the tax after adjustment for deduction of the net operating loss
				carry-back.
Example:An individual filed the 2001 return reflecting
				 taxable income, and did not pay the $400 tax shown on the return. The taxpayer
				 then filed the 2003 return reflecting a net operating loss of $2000, and then
				 filed a timely claim for refund carrying the loss to 2001. The unpaid tax
				 balance after deduction of the operating loss carry-back is $280.00. Interest
				 and penalty would be computed as follows, presuming the date of payment of the
				 liability to be August 15, 2004:
Interest and penalty on $400 Additional Tax from
April 15, 2002 to December 31, 2003 126
Additional Tax Due After Net Operating
Loss Carry-back Deduction 280
Interest and penalty on $280 from
January 1, 2004 to August 15, 2004 29
---------
Net Deficiency at August 15, 2004 $435
Note: This regulation applies to all taxpayers. An individual
				 taxpayer was used for illustration purposes only.
(4)The interest and penalty provided by this
				regulation shall be assessed and collected as if it were an integral part of
				the tax upon which it is computed.
O.C.G.A. Secs.
				  48-2-12,  48-2-40,  48-2-42,  48-7-81,  48-7-126.
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-.16 - Repealed

Current through Rules and Regulations filed through June 27, 2024
Ga. Code Ann. Secs.
				 92-3005, 92-3006, 92-8405, 8406, 8409, 8427.
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-.17 - Period of Limitation Upon Assessment and Collection

Current through Rules and Regulations filed through June 27, 2024
In the event an amended return is filed by the taxpayer which
				 shows a change in the return, the statute of limitations under O.C.G.A. §
									48-2-49 and  O.C.G.A. §
									48-7-82 runs from the date the amended return was filed only to the extent of such
				 specific changes.
O.C.G.A. Secs.
				  48-2-12,  48-2-49,  48-7-82.
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-.18 - Statement of Changes

Current through Rules and Regulations filed through June 27, 2024
A detailed statement of changes made by the Commissioner of
				 Internal Revenue must be submitted under separate cover. Do not mail with
				 current year's return. This must be mailed to the address indicated in the
				 current instruction booklet for the type of entity (i.e., corporation,
				 s-corporation, partnership, fiduciary, or individual.)
O.C.G.A. Secs.
				  48-2-12,  48-7-82.
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-.19 - Repealed

Current through Rules and Regulations filed through June 27, 2024
Ga. Code Ann. Secs.
				 92-3005, 92-3006, 92-8405, 8406, 8409, 8427.
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-.20 - Rural Physician Credit

Current through Rules and Regulations filed through June 27, 2024
(1)
Purpose.
This regulation
				provides guidance concerning the implementation and administration of the rural
				physician credit under O.C.G.A. §
									48-7-29.
(2)
Definitions.
As used in this
				regulation:
(a)
Rural county.
The term "rural county" means a county in this state that has 65 persons per
				square mile or fewer according to the United States decennial census of 1990 or
				any future such census. For taxable years beginning before January 1, 2002, the
				United States decennial census of 1990 shall be used. For taxable years
				beginning on or after January 1, 2002, and before January 1, 2012, the United
				States decennial census of 2000 shall be used. For taxable years beginning on
				or after January 1, 2012, and before January 1, 2022, the United States
				decennial census of 2010 shall be used. For taxable years beginning on or after
				January 1, 2022, the United States decennial census of 2020 shall be used;
				provided, however, a taxpayer that began practicing in a rural county in the
				taxable year beginning on or after January 1, 2022, and before January 1, 2023,
				shall also be eligible for the credit using the United States decennial census
				of 2010 provided they would have qualified for the credit using such
				census.
(b)
Rural
				Physician.
The term "rural physician" means a physician licensed to
				practice medicine in this state, who practices in a rural county and resides in
				a rural county or a county contiguous to the rural county in which such
				physician practices and primarily admits patients to a rural hospital and
				practices in the fields of family practice, obstetrics and gynecology,
				pediatrics, internal medicine, or general surgery. A physician may practice and
				reside in different rural counties.
(c)
Rural Hospital.
The term
				"rural hospital" means an acute-care hospital located in a rural county that
				contains fewer than 100 beds.
(d)
Resides.
The term "resides" means the taxpayer's principal
				domicile and not a secondary residence of the taxpayer.
(e)
Practices.
The term
				"practices" means work performed in a field listed in subparagraph (2)(b) of
				this regulation in a rural county for an average of at least 40 hours per week
				for the period the physician resides in a rural county or a county contiguous
				to the rural county in which such physician practices.
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-.21 - Repealed

Current through Rules and Regulations filed through June 27, 2024
Ga. Code Ann. Secs.
				 92-3005, 92-3006, 92-8405, 8406, 8409, 8427.
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-.22 - Repealed

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. Sec.
				  48-2-12.
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-.23 - Repealed

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. Sec.
				  48-2-12.
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-.24 - Repealed

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. Sec.
				  48-2-12.
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-.25 - Repealed

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. Sec.
				  48-2-12.
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-.26 - Claim for Refund of Taxes and Fees Imposed by Chapter 7 of Title 48

Current through Rules and Regulations filed through June 27, 2024
(1)A claim for
				refund of taxes and fees, that have been erroneously or illegally assessed and
				collected, shall be made pursuant to Chapter 7 of Title 48 of the O.C.G.A. and
				O.C.G.A. §
									48-2-35.
(2)Upon such claim for refund, the
				Commissioner may redetermine the entire tax liability of the taxpayer for the
				year or period for which the claim is filed, and even though no new assessments
				can be made on account of the expiration of the period of limitation, the
				taxpayer is nevertheless not entitled to a refund unless the taxpayer has
				actually overpaid his tax for such taxable period.
(3)Claims must be filed on the form
				prescribed by the Commissioner, and if the prescribed form is not timely filed
				the claim may be disallowed. If the taxpayer requests a refund in other than
				the prescribed manner within the period allowed by O.C.G.A. §
									48-2-35 the
				taxpayer must, in order for the claim to be considered, show by satisfactory
				evidence that:
(a) The taxpayer did not have
				access to the internet; and
(b) The
				taxpayer requested the prescribed forms from the Department of Revenue, the
				Department failed or refused to supply them, and the taxpayer's request for
				forms was made in sufficient time for the Department to mail and for the
				taxpayer to complete and submit the forms within the time prescribed by
				law.
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-.27 - State Revenue Commissioner to have Right to Prorate Tax

Current through Rules and Regulations filed through June 27, 2024
When a taxpayer is not liable for Georgia income taxes for an
				 entire year because of moving into this State or moving from this State, he
				 shall include in his return only his income received while a resident of this
				 State. Deductions of a personal nature such as contributions to charitable
				 organizations, alimony, medical expenses, or the optional standard deduction
				 and personal exemption and credits for dependents shall be allowed in the ratio
				 that the adjusted gross income of the taxpayer while residing in Georgia bears
				 to the total adjusted gross income of the taxpayer for the entire year. As used
				 herein, gross income means total income less business expenses incurred in the
				 production of such income.
Ga. Code Ann. Secs.
				 92-3005, 92-3006, 92-8405, 92-8406, 92-8409,
				 92-8427.
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-.28 - Repealed

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. Sec.
				  48-2-12.
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-.29 - Defrauding State

Current through Rules and Regulations filed through June 27, 2024
Whenever the Commissioner finds that a taxpayer has failed to
				 file a return, maintain records, supply any information, or comply with other
				 provisions of the income tax laws, payment of the tax, penalty and interest
				 imposed by this law will not relieve the taxpayer from prosecution, nor will
				 such prosecution relieve him of the tax, penalty and interest imposed by this
				 law.
O.C.G.A. Secs.
				  48-1-5,  48-2-12,  48-7-2, 92-3005, 92-3006, 92-8405, 92-8406, 92-8409,
				 92-8427.
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-.30 - Repealed

Current through Rules and Regulations filed through June 27, 2024
Ga. Code Ann. Secs.
				 92-3005, 92-3006, 92-8405, 92-8406, 92-8409,
				 92-8427.
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-.31 - Forms, Schedules and Instructions.Amended

Current through Rules and Regulations filed through June 27, 2024
(1)
Purpose.
The purpose of
				this Rule is to prescribe income tax forms and returns necessary for the
				administration and enforcement of Chapter 7 of Title 48 as required under
				O.C.G.A. §
									48-2-12.
(2) Individual/Fiduciary Taxpayer Form
				Numbers and Purpose.
(a) Form 500, Individual
				Income Tax Return.
(b) Form 500-ES,
				Estimated Tax for Individuals and Fiduciaries.
(c) Form 500-EZ, Short Individual Income Tax
				Return.
(d) Form 500-NOL,
				Application for Net Operating Loss Adjustment (other than
				corporations).
(e) Form 500 UET,
				Underpayment of Estimated Tax by Individuals/ Fiduciary.
(f) Form 500X, Amended Individual Income Tax
				Return.
(g) Form 501, Fiduciary
				Income Tax Return.
(h) Form 501X,
				Amended Fiduciary Income Tax Return.
(i) Form 525-TV, Payment Voucher.
(j) Form CD LO-14B, Statement of Financial
				Condition for Individuals.
(k) Form
				GA-5347, Statement of Person Claiming Refund on Behalf of a Deceased
				Taxpayer.
(l) Form GA-8453,
				Individual Income Tax Declaration for Electronic Filing or 2D Barcode Direct
				Deposit.
(m) Form GA-9465, Georgia
				Individual Income Tax Installment Agreement Request.
(n) Form IND-CR, State of Georgia Individual
				Credit Form.
(o) Form IT-511,
				Individual Income Tax Instruction Booklet.
(p) Form IT-560, Individual/Fiduciary
				Extension Payment.
(q) Form
				RET-001, Taxpayer Return Request Form.
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-.32 - Repealed

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. Secs.
				  48-2-12,  48-7-101,  48-7-102.1,  48-7-103,  48-7-105,  48-7-128,  48-7-129.
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-.33 - Payment and Reporting of Withholding Tax

Current through Rules and Regulations filed through June 27, 2024
(1)
Purpose.
The purpose of this
				regulation is to provide guidance concerning the payment and reporting of
				withholding tax required under O.C.G.A. §§
									48-2-32,  48-7-101,  48-7-103,  48-7-105, and
				 48-7-106, and the withholding penalties imposed by subsection (c) of O.C.G.A. §
									48-7-126.
(2)
Definitions.
(a) "Annual payer" means an employer who
				withholds or is required to withhold $800.00 or less in the aggregate for the
				lookback period.
(b) "Business day"
				means every day except Saturday, Sunday, or any holiday observed by the Federal
				Reserve Bank or the State of Georgia.
(c) "EFT" means the payment by electronic
				funds transfer as provided and required by Rule
				 560-3-2-.26.
(d) "Lookback period" means the twelve month
				period ending June 30th of the preceding calendar
				year. For example, the lookback period for calendar year 2016 is the period
				from July 1, 2014 through June 30, 2015.
(e) "Monthly payer" means an employer who
				withholds or is required to withhold $50,000 or less in the aggregate for the
				lookback period and who is not an annual payer or a quarterly payer.
(f) "Payday" means the date on the employee's
				check or the first day the employee is able to tender the check for cash or
				other consideration, whichever is earlier.
(g) "Quarterly payer" means an employer who
				withholds or is required to withhold $200.00 or less per month during the
				lookback period and who is not an annual payer.
(h) "Semi-weekly payer" means an employer who
				withholds or is required to withhold more than $50,000 in the aggregate during
				the lookback period.
(i)
				"Withholding tax" means the tax withheld or required to be withheld from an
				employee's wages pursuant to O.C.G.A. §
										48-7-101.
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-.34 - Withholding on Nonresident Members of Partnerships, S Corporations, and Limited Liability Companies; Composite Return Alternative

Current through Rules and Regulations filed through June 27, 2024
(1)
Definitions. As used in this regulation, the following terms are defined
				as follows:
(a)
Taxable income
				sourced to this state.
The term "taxable income sourced to this state"
				means the entity's income allocated or apportioned to Georgia pursuant to Code
				Section
				 48-7-31 or  as otherwise provided by law. The entity's income shall include the sum of
				the following items:
1. The nonresident
				member's share of the Georgia separately stated income, guaranteed payments,
				loss, deduction or expense of the entity; and
2. The nonresident member's share of the
				Georgia nonseparately stated income, loss, deduction or expense of the
				entity;
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-.35 - Withholding on Sales or Transfers of Real Property and Associated Tangible Property by Nonresidents of Georgia

Current through Rules and Regulations filed through June 27, 2024
(1)
Nonresidents of Georgia.
The
				term "Nonresident of Georgia" shall include individuals, trusts, partnerships,
				corporations, and unincorporated organizations. For purposes of O.C.G.A.
				Section
				 48-7-128, the following persons are Nonresidents of Georgia and are therefore subject to
				the withholding tax requirements:
(a)
Individual
- Any individual having his or her principal residence
				outside Georgia at the time of closing, unless he or she otherwise meets the
				requirements of O.C.G.A. Section
				 48-7-128(a) 
				 and  subparagraph (4)(d) of this Revenue Rule to be deemed a resident.
(b)
Corporation
- Any
				corporation whose principal place of business is located outside Georgia,
				unless it otherwise meets the requirements of O.C.G.A. Section
				 48-7-128(a) 
				 and  subparagraph (4)(d) of this Revenue Rule to be deemed a resident.
(c)
Partnership
- Any
				partnership whose principal place of business is located outside Georgia,
				unless it otherwise meets the requirements of O.C.G.A. Section
				 48-7-128(a) 
				 and  subparagraph (4)(d) of this Revenue Rule to be deemed a resident.
(d)
Trust
- Any trust that is
				being administered by a nonresident fiduciary if the gain from the sale will be
				taxed to the trust or that has nonresident beneficiaries if the gain from the
				sale will be taxed to the beneficiaries, unless it otherwise meets the
				requirements of O.C.G.A. Section
				 48-7-128(a) 
				 and  subparagraph (4)(d) of this Revenue Rule to be deemed a resident.
(e)
Limited Liability Company
-
				Any limited liability company whose principal place of business is located
				outside Georgia, unless it otherwise meets the requirements of O.C.G.A. Section
				 48-7-128(a) 
				 and  subparagraph (4)(d) of the Revenue Rule to be deemed a resident.
(f)
Limited Liability Partnership
- Any limited liability partnership whose principal place of business is
				located outside Georgia, unless it otherwise meets the requirements of O.C.G.A.
				Section
				 48-7-128(a) 
				 and  subparagraph (4)(d) of this Revenue Rule to be deemed a resident.
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-.39 - Withholding On Proceeds Paid By the Georgia Lottery Corporation

Current through Rules and Regulations filed through June 27, 2024
(1)
Definition of Resident and Nonresident.
O.C.G.A. §
									48-7-1 provides the definition of both residents and nonresidents.
(2)
Authority to Tax Lottery
				Proceeds.
O.C.G.A. §
									50-27-24(a) 
				 provides the authority to tax all proceeds of any lottery prize regardless of
				the amount.
(3)
Lottery Prize
				Proceeds Subject to Income Tax Withholding.
Lottery prize proceeds of
				more than $5,000 are subject to income tax withholding in accordance with
				O.C.G.A. §
									48-7-101.
(4)
Withholding From the Proceeds Paid
				to a Georgia Resident or Nonresident.
For prize proceeds of more than
				$5,000 from a play with any lottery conducted by the Georgia Lottery
				Corporation, all such proceeds shall be subject to withholding in an amount
				equal to the maximum marginal rate provided in O.C.G.A §
									48-7-20 multiplied by the proceeds. The Georgia Lottery Corporation shall issue to the
				recipient of such prize a W-2G showing the amount of the lottery prize proceeds
				and the amount of income tax withheld. The Georgia Lottery Commission shall
				remit income tax withheld on the proceeds to the Commissioner of Revenue as
				prescribed in the State income tax laws.
O.C.G.A.
				 §§
											48-2-12,  48-7-101.
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-.41 - Repealed

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. Sec.
				  48-2-12.
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-.42 - Tax Credit for Qualified Research Expenses

Current through Rules and Regulations filed through June 27, 2024
(1)
Purpose.
This rule provides
				guidance concerning the implementation and administration of the income tax
				credit under O.C.G.A. §
									48-7-40.12.
(2)
Definitions.
As used in this
				regulation:
(a)
Base Amount.
The
				term "base amount" means the product of a business enterprise's Georgia gross
				receipts in the current taxable year and the average of the ratios of its
				aggregate qualified research expenses to Georgia gross receipts for the
				preceding three taxable years or 0.300, whichever is less; provided, however,
				that a business enterprise need not have had a positive taxable net income for
				the preceding three taxable years in order to claim the credit. "Georgia gross
				receipts" shall be the numerator of the gross receipts factor provided in
				subsection (d) of O.C.G.A. §
										48-7-31.
				If a business enterprise had no Georgia gross receipts during any one or more
				of the three preceding tax years, the base amount shall be the product of the
				current year Georgia gross receipts and 0.300.
(b)
Business enterprise.
The
				term "business enterprise" shall have the same meaning as in Revenue Regulation
				 560-7-8-.46.
(c)
Qualified Research Expenses
.
				The term "qualified research expenses" means qualified research expenses for
				any business enterprise as that term is defined in Section 41 of the Internal
				Revenue Code of 1986, as amended, except that all wages paid and all purchases
				of services and supplies must be for research conducted within the State of
				Georgia.
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-.43 - Qualified Caregiving Expense Credit

Current through Rules and Regulations filed through June 27, 2024
(1)
Definitions.
(a)
Qualified Caregiving Expenses.
For purposes of this rule, Qualified Caregiving Expenses are defined as
				payments by the taxpayer for home health agency services, personal care
				services, personal care attendant services, homemaker services, adult day care,
				respite care, or health care equipment and supplies which equipment and
				supplies have been determined to be medically necessary by a physician. These
				services, care, or equipment and supplies must be:
1. Provided to a qualifying family member;
				and
2. Purchased or obtained from
				an organization or individual not related to the taxpayer or the qualifying
				family member.
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-.44 - Disabled Person Home Purchase or Retrofit Credit

Current through Rules and Regulations filed through June 27, 2024
(1)
Definitions.
(a)
Accessibility Features.
For
				purposes of this rule, accessibility features are defined as:
1. One no-step entrance allowing access into
				the residence;
2. Interior passage
				doors providing at least a 32-inch wide clear opening;
3. Reinforcements in bathroom walls allowing
				later installation of grab bars around the toilet, tub, and shower, where such
				facilities are provided; and
4.
				Light switches and outlets placed in accessible locations.
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-.47 - Qualified Education Expense Credit

Current through Rules and Regulations filed through June 27, 2024
(1)
Purpose.
The purpose of this regulation is to provide guidance
				concerning the administration of O.C.G.A. §
									48-7-29.16, which provides a
				credit for qualified education expenses. Other provisions and conditions
				regarding student scholarship organizations and the qualified education expense
				credit are set forth in O.C.G.A. §
									48-7-29.16 and  Chapter 2A of Title
				20.
(2)
Definitions.
(a) "Qualified Education Expense Credit"
				means the credit allowed pursuant to O.C.G.A. §
										48-7-29.16.
(b) "Fiscal Year" means the taxable year of
				the SSO.
(c) "Calendar Year Report"
				means the annual informational report that must be prepared on a calendar year
				basis and submitted to the Department of Revenue.
(d) "Audit Report" means the annual audit
				report that is prepared by an independent certified public accountant after
				completing the annual audit that is required by O.C.G.A. §
										20-2A-2.
(e) "SSO" means a student scholarship
				organization as defined in O.C.G.A. §
										20-2A-1.
(f) "Expenditure of Funds" means the
				expenditure of lawful money of the United States and does not include other
				intangible assets such as stocks, bonds, etc.
(g) "Federal Poverty Level" means the poverty
				guidelines issued each year in the Federal Register by the Department of Health
				and Human Services.
(h) "Form 990"
				means the annual information returns and electronic notices of the Federal Form
				990 series filed with the Internal Revenue Service including Form 990, Form
				990-EZ, and Form 990-N.
(i)
				"Business Enterprise" means an insurance company or the headquarters of an
				insurance company as defined in O.C.G.A. §
										48-7-29.16.
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-.49 - Seed-Capital Fund Tax Credits

Current through Rules and Regulations filed through June 27, 2024
(1)
Purpose.
This regulation
				provides guidance concerning the implementation and administration of tax
				credits under O.C.G.A. §§
									48-7-40.27 and 
				 48-7-40.28.
(2)
Research Fund.
O.C.G.A.
				§§
									48-7-40.27 and 
				 48-7-40.28 to gether create a maximum of one research fund which is used for purposes of
				both O.C.G.A. §§
									48-7-40.27 and 
				 48-7-40.28.
(3)
Tax Credits for Qualified
				Investments under O.C.G.A. §
										48-7-40.27.
The tax credit under O.C.G.A. §
									48-7-40.27 shall be granted to a taxpayer for any qualified investment in the research
				fund made on or after July 1, 2008.
(a)
				Credit amount. The amount of the tax credit granted to a taxpayer shall be
				equal to 25 percent of the taxpayer's qualified investment.
(b) Certification. Prior to claiming the
				seed-capital fund tax credit for any qualified investment in the research fund,
				the qualified investment must be certified by the research fund. This
				certification must be attached to Form IT-SCF when claiming the
				credit.
(c) Credit limitation. Once
				qualified investments in the research fund reach $30 million in private
				investments, private investments will no longer be eligible for the
				credit.
(d) Qualified Investment.
				No taxpayer shall be eligible to claim the tax credits under O.C.G.A. §
										48-7-40.27 for a cash investment if they claim the tax credit provided in O.C.G.A. §
										48-7-40.28 for such cash investment.
(e)
				Annual Report. The research fund shall provide the Department, at least on an
				annual basis, a report that includes the taxpayer's name, the last four digits
				of the taxpayer's social security number or the employer identification number,
				as appropriate, and the amount of the taxpayer's qualified investment for which
				the research fund has issued to such taxpayer the certification pursuant to
				O.C.G.A. §
										48-7-40.27.
				Such report shall also include copies of each certification issued during the
				reporting year. The research fund shall file this report with the Department no
				later than January 31 of the year following the end of the reporting
				year.
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-.50 - Conservation Tax Credit

Current through Rules and Regulations filed through June 27, 2024
(1)
Purpose.
This regulation provides guidance concerning the
				implementation and administration of the tax credit under O.C.G.A. §
									48-7-29.12.
(2)
Coordination of Agencies.
The Department of Natural Resources (DNR) is the state agency responsible for
				determining that the qualified donation under O.C.G.A. §
									48-7-29.12 is suitable for two conservation purposes and meets the additional requirements
				provided by O.C.G.A. §
									48-7-29.12(c).
				The State Properties Commission is the state agency responsible for approving
				the appraisal amount submitted or for recommending a lower appraisal amount
				based on its review.
(3)
Definition.
"Tax parcel" means adjacent or contiguous real
				property with common ownership valued as a unit by the county tax
				assessor.
(4)
Credit
				Amount.
Except as otherwise provided in this regulation, a taxpayer
				shall be granted a tax credit for each qualified donation under O.C.G.A. §
									48-7-29.12 in an amount not to exceed the lesser of: $500,000, or 25 percent of the fair
				market value of the donated real property as fair market value is established
				for the year in which the donation occurred, or 25 percent of the difference
				between the fair market value and the amount paid to the donor if the donation
				is effected by a sale of property for less than fair market value as
				established for the year in which the donation occurred.
(a) Credit Amount for a Partnership. If the
				taxpayer is a partnership, the partnership shall be granted a tax credit for
				each qualified donation of real property for conservation purposes in an amount
				not to exceed the lesser of: $500,000, or 25 percent of the fair market value
				of the donated real property as fair market value is established for the year
				in which the donation occurred, or 25 percent of the difference between the
				fair market value and the amount paid to the donor if the donation is effected
				by a sale of property for less than fair market value as established for the
				year in which the donation occurred.