Subject 560-7-8. RETURNS AND COLLECTIONS

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…

(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 w…

(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 …

(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 taxpaye…

(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 s…

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…

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.

(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 "av…

(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…

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.

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, …

(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. For taxable years beginning before January 1, 2024, the term "rur…

(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 liabil…

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 …

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 prosecuti…

(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 …

(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. § 48-7-12…

(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 …

(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 t…

(1) Program Description. The Job Tax Credit program provides tax credits under Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated for certain business enterprises that create and retain new full-time employee jobs in Georgia. The Georgia Department of Co…

(1) Definitions. As used in this regulation: (a) Manufacturing. The term "manufacturing" means those establishments classified by the North American Industry Classification System (NAICS) Codes, published by the United States Office of Management and Budget, 2017 edition, that be…

(1) Definitions. As used in this regulation: (a) Child. The term "child" means a person under the age of 13 when the child care is provided who is a dependent of an employeeand for whom the employee can claim an exemption for Georgia income tax purposes. (b) Cost of Operation. Th…

(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) Lo…

(1) Definitions. (a) Qualified Investment Property. The meaning of the term "qualified investment property" as used in this regulation is identical to the meaning of "qualified investment property" provided in O.C.G.A. Sections 48-7-40.2, 48-7-40.3, and 48-7-40.4, as well as Depa…

(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 Georgi…

(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, resp…

(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 wall…

(1) Purpose. This rule provides guidance concerning the implementation and administration of the income tax credits contained within the Georgia Entertainment Industry Investment Act (hereinafter "Act") under O.C.G.A. § 48-7-40.26. (2) Coordination of Agencies. The Department of …

(1) Purpose. This regulation identifies the North American Industry Classification System (NAICS) Codes that are assigned to the industries that qualify as a business enterprise under O.C.G.A. §§ 48-7-40.12 and 48-7-40.22. (2) Business Enterprise Defined. The term "business enter…

(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 educa…

(1) Purpose. This regulation provides guidance concerning the implementation and administration of the wood residuals tax credits under O.C.G.A. § 48-7-29.14. (2) Coordination of Agencies. The Georgia Forestry Commission and the Department of Revenue have been designated as the p…

(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. together create a maximum of one research fund which is used for purp…

(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 qualifie…