Title 48

Any person who willfully evades or defeats or willfully attempts to evade or defeat, in any manner, any income tax, penalty, interest, or other amount in excess of $3,000.00 imposed under this chapter, including but not limited to failure to file a return or report, shall, in addi…

(a) Notwithstanding any provision of law to the contrary, any member of the National Guard or any reserve component of the armed services of the United States who serves on active duty for at least 90 consecutive days shall by operation of this subsection automatically be granted…

In the event of such an election, the commissioner shall confirm with the taxpayer a date, which shall not be later than 30 days after receipt of the taxpayer’s election, when the taxpayer may begin to take the credit against such quarterly or monthly payments. For any one taxable…

(a) A tax is imposed upon every resident of this state with respect to the Georgia taxable net income of the taxpayer as defined in Code Section 48-7-27. A tax is imposed upon every nonresident with respect to such nonresident’s Georgia taxable net income not otherwise exempted wh…

(a) As used in this Code section, the term “qualified taxpayer” means an individual taxpayer who filed an individual income tax return for both the 2020 and 2021 taxable years by the due date for filing the income tax return for the 2021 taxable year, including any extensions which …

(a) As used in this Code section, the term “qualified taxpayer” means an individual taxpayer who filed an individual income tax return for both the 2021 and 2022 taxable years by the due date for filing the income tax return for the 2022 taxable year, including any extensions which …

(a) Every domestic corporation and every foreign corporation shall pay annually an income tax on its Georgia taxable net income at the same rate of the tax imposed on individuals under subsection (a.1) of Code Section 48-7-20 for the corresponding taxable year. Georgia taxable ne…

(a) As used in this Code section, the term: (1) “Authorized employee” means any individual whose hiring for employment or continuing employment in the United States does not violate the provisions of 8 U.S.C. Section 1324a. (2) “Basic pilot program” shall mean the electronic veri…

(a) The net income of a partnership shall be computed in the same manner and on the same basis as in the case of an individual except that the deduction of contributions for charitable purposes allowed by the Internal Revenue Code of 1986 shall not be allowed. Individuals carryin…

(a) When one or more of the individual members of a partnership doing business in this state are nonresidents of this state, the nonresidents shall be taxable on their share of the net profits of the partnership. (b) When one or more of the individual members of a partnership doin…

(a) The following organizations shall be exempt from taxation imposed by Code Section 48-7-21 as indicated: (1) Subject to subsections (b) and (c) of this Code section, those organizations which are exempt from federal income taxation pursuant to Section 501(c), 501(d), 501(e), 6…

(a) As used in this Code section, the term “dependent” shall have the same meaning as in the Internal Revenue Code of 1986; provided, however, that any unborn child with a detectable human heartbeat, as such terms are defined in Code Section 1-2-1, shall qualify as a dependent min…

(a) Georgia taxable net income of an individual shall be the taxpayer’s federal adjusted gross income, as defined in the United States Internal Revenue Code of 1986, less: (1) At the taxpayer’s election, either: (A) The sum of all itemized nonbusiness deductions used in computing …

(a) As used in this Code section, the term “eligible itemizer” means any resident taxpayer who files an individual income tax return for a taxable year and makes the election under subparagraph (a)(1)(A) of Code Section 48-7-27 to deduct the itemized nonbusiness deductions used in…

A resident individual who has an established business in another state, has investment in property having a taxable situs in another state, or engages in employment in another state may deduct from the tax due upon the entire net income of the resident individual the tax paid upo…

(a) If a taxpayer repays in the current tax year certain amounts of income that were subject to tax under this chapter in a prior year and a tax benefit would be allowed under similar circumstances under Section 1341 of the Internal Revenue Code, a tax benefit shall be allowed on t…

(a) As used in this Code section, the term “employer social security credit” means the employer social security credit defined in Section 45B(a) of the Internal Revenue Code of 1986, as amended. (b) If an employer elects to take an employer social security credit pursuant to Secti…

(a) As used in this Code section, the term: (1) “Comprehensive income tax treaty” means a convention or agreement, entered into by the United States and approved by Congress, with a foreign government for the allocation of all categories of income subject to taxation or the withh…

(a) As used in this Code section, the term: (1) “Association taxable as a corporation” does not include: (A) A real estate investment trust other than a captive real estate investment trust; (B) Any qualified real estate investment trust subsidiary under Section 856(i) of the Inte…

L. 1977, p. 772, § 1; Ga. L. 1978, p. 309, § 2; and Ga. L. 1979, p. 5, § 68, and related to child care credit and credit for household and dependent care expenses. Ga. L. 1995, p. 960, § 2, not codified by the General Assembly, makes this Code section applicable to all taxable yea…

(a) As used in this Code section, the term: (1) “Accessibility features” means: (A) One no-step entrance allowing access into the residence; (B) Interior passage doors providing a 32 inch wide clear opening; (C) Reinforcements in bathroom walls allowing later installa111 tion of …

(a) A taxpayer shall be allowed a credit against the tax imposed by Code Section 48-7-20 for qualified child and dependent care expenses. Such credit shall be determined by applying a percentage to the amount of the credit provided for in Section 21 of the Internal Revenue Code wh…

(a) As used in this Code section, the term: (1) “Eligible telework expenses” means expenses incurred during the calendar year pursuant to a telework agreement, up to a limit of $1,200.00 for each participating employee, to enable a participating employee to begin to telework, whi…

(a) As used in this Code section, the term: (1) “Conservation easement” means a nonpossessory interest in real property imposing limitations or affirmative obligations, the purposes of which are consistent with at least two conservation purposes. (2) “Conservation purpose” means …

(a) As used in this Code section, the term: (1) “Qualified health insurance” means a high deductible health plan as defined by Section 223 of the Internal Revenue Code. (2) “Qualified health insurance expense” means the expenditure of funds of at least $250.00 annually for health in…

(a) As used in this Code section, the term: (1) “Authority” means the Georgia Environmental Finance Authority. (2) “Business property” means tangible personal property that is used by the taxpayer in connection with a business or for the production of income and is capitalized by…

(a) As used in this Code section, the term “qualified foster child” means a foster child who is less than 18 years of age and who is in a foster home or otherwise in the foster care system under the Division of Family and Children Services of the Department of Human Services. (b) …

(a) As used in this Code section, the term: (1) “Business enterprise” means any insurance company or the headquarters of any insurance company required to pay the tax provided for in Code Section 33-8-4. (2) “Eligible student” shall have the same meaning as in paragraph (1) of Co…

(a) As used in this Code section, the term “eligible single-family residence” means: (1) A single-family structure, including a condominium unit as defined in Code Section 44-3-71 that is occupied for residential purposes by a single family, that is a new residence, a residence oc…

(a) As used in this Code section, the term: (1) “Affiliated entity” means a person or business entity that is a member of the taxpayer’s affiliated group within the meaning of Section 1504(a) of the Internal Revenue Code. (2) “Alternative fuel” means electricity, liquid petroleum…

(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 purchas…

(a) As used in this Code section, the term: (1) “Qualified caregiving expenses” means payments by the taxpayer for home health agency services, personal care services, personal care attendant services, homemaker services, adult day care, respite care, or healthcare equipment and s…

(a) As used in this Code section, the term: (1) “Qualified rural hospital organization expense” means the contribution of funds by an individual or corporate taxpayer to a rural hospital organization for the direct benefit of such organization during the tax year for which a credit…

(a) As used in this Code section, the term: (1) “Qualified education donation” means a donation made by a taxpayer to the nonprofit corporation incorporated by the Georgia Foundation for Public Education as provided for in subsection (g.1) of Code Section 20-2-14.1 or, prior to Jan…

(a) As used in this Code section, the term: (1) “Advanced practice registered nurse student” means an individual participating in a training program in this state that is accredited by a nationally recognized accrediting body for advanced practice registered nursing programs for …

(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…

(a) As used in this Code section, the term: (1) “Aging foster children” means: (A) Foster children aged 16 through 18 that would benefit based on projected status at age 18, as determined by the division; and (B) Former foster children up to and including age 21, or age 25 if lega…

(a) As used in this Code section, the term: (1) “Law enforcement foundation” means any domestic nonprofit corporation with the sole function of supporting one local law enforcement unit through a formal relationship recognized by such local law enforcement unit and which maintains…

(a) A taxpayer who receives disaster assistance during a taxable year from the Georgia Emergency Management and Homeland Security Agency or the Federal Emergency Management Agency shall be allowed a credit against the tax imposed by Code Section 48-7-20 in an amount equal to $500…

(a) As used in this Code section, the term: (1) “Federal housing tax credit” means the federal tax credit as provided in Section 42 of the Internal Revenue Code of 1986, as amended. (2) “Median income” means those incomes that are determined by the federal Department of Housing a…

(a) There shall be a dollar-for-dollar credit against the state income tax liability of depository financial institutions which shall be equal to the amount of taxes, if any, paid by such taxpayers pursuant to Code Sections 48-6-93 and 48-6-95. If the liability of any such institu…

(a) As used in this Code section, the term: (1) “Active duty” means full-time duty in the United States armed forces, other than active duty for training, for a period of more than 90 consecutive days. (2) “Active duty for training” means full-time duty in the United States armed…

(a) The tax imposed by this chapter shall apply to the entire net income of a taxable nonresident derived from employment, trade, business, professional, or other activity for financial gain or profit performed or carried on within this state, including, but not limited to, the ren…

(a) The tax imposed by this chapter shall apply to the entire net income, as defined in this article, received by every foreign or domestic corporation owning property within this state, doing business within this state, or deriving income from sources within this state to the ext…

(a) For purposes of paragraphs (1) and (2) of subsection (d) of Code Section 48-7-31, the commissioner may enter into an agreement with a taxpayer establishing the allocation and apportionment of the taxpayer’s income for a limited period, provided that the following conditions a…

(a) When the business of any corporation engaged in the operation of a railroad, express service, telephone or telegraph business, or other form of public service is partly within and partly outside the state, the net income of the corporation for the purpose of this chapter shal…