Title 48

(a) This Code section shall be known and may be cited as the “Georgia Entertainment Industry Investment Act.” (b) As used in this Code section, the term: (1) “Affiliates” means those entities that are included in the production company’s or qualified interactive entertainment prod…

(a) As used in this Code section, the term: (1) “Credit” means a state income tax credit against the tax imposed pursuant to this article in an amount equal to 25 percent of the taxpayer’s qualified investment. (2) “Qualified investment” means a cash investment in the research fund…

(a) As used in this Code section, the term: (1) “Credit” means a state income tax credit against the tax imposed pursuant to this article in an amount equal to 10 percent of the taxpayer’s qualified investment. (2) “Qualified investment” means a cash investment in a legal entity in…

(a) As used in this Code section, the term: (1) “Cost” means the aggregate funds actually invested and expended by a taxpayer to put into service the qualified equipment. (2) “Energy efficient equipment” means all machinery and equipment certified pursuant to rules and regulations …

(a) As used in this Code section, the term: (1) “Product” means a marketable product or component of a product which has an economic value to the wholesale or retail consumer and is ready to be used without further alteration of its form or a product or material which is marketed…

(a) The General Assembly finds that entrepreneurial businesses significantly contribute to the economy of this state. The intent of this Code section is to achieve the following: (1) To encourage individual investors to invest in early stage, innovative, wealth-creating businesses;…

(a) As used in this Code section, the term: (1) “Employer” means an enterprise or organization, whether corporation, partnership, limited liability company, proprietorship, association, trust, business trust, real estate trust, or other form of organization, and its affiliates, w…

(a) As used in this Code section, the term: (1) “Certified entity” means any eligible business which establishes a new location within a revitalization zone on or after January 1, 2018, or any existing eligible business located within a revitalization zone that expands its operati…

(a) As used in this Code section, the term: (1) “Class III railroad” means a rail carrier classified as a Class III railroad by the United States Surface Transportation Board in accordance with Section 1-1 of 49 C.F.R. 1201, as it existed on January 1, 2018. (2) “Qualified railroad…

(a)(1) The General Assembly finds and determines that Hurricane Michael has had a catastrophic impact on the citizens and the economy of southwest Georgia, has particularly devastated the timber industry on which the citizens of southwest Georgia are heavily dependent for their li…

(a) As used in this Code section, the term: (1) “Product” means a marketable product or component of a product which has an economic value to the wholesale or retail consumer and is ready to be used without further alteration of its form or a product or material which is marketed…

(a) As used in this Code section, the term: (1) “Approved retraining” means employer provided or employer sponsored retraining that meets the following conditions: (A) It enhances the functional skills of employees otherwise unable to function effectively on the job due to skill …

(a) As used in this Code section, the term: (1) “Cost of operation” means reasonable direct operational costs incurred by an employer as a result of providing employer provided or employer sponsored child care facilities; provided, however, that the term cost of operation shall e…

(a) As used in this Code section, the term: (1) “Machinery and equipment” means all tangible personal property used, directly or indirectly, to move, sort, store, prepare, convert, process, fabricate, or manufacture products. (2) “Product” means a marketable product or component …

(a) As used in this Code section, the term: (1) “Machinery and equipment” means all tangible personal property used, directly or indirectly, to move, sort, store, prepare, convert, process, fabricate, or manufacture products. (2) “Product” means a marketable product or component …

(a) As used in this Code section, the term: (1) “Machinery and equipment” means all tangible personal property used, directly or indirectly, to move, sort, store, prepare, convert, process, fabricate, or manufacture products. (2) “Product” means a marketable product or component …

(a) As used in this Code section, the term “affiliated entity” means: (1) A corporation that is a member of the taxpayer’s “affiliated group” within the meaning of Section 1504(a) of the Internal Revenue Code; or (2) An entity affiliated with a corporation, business, partnership,…

(a) An income tax return with respect to the tax imposed by this chapter shall be filed with the commissioner by every: (1) Resident who is required to file a federal income tax return for the taxable year; (2) Nonresident who has federal gross income from sources within this state…

Every corporation subject to taxation under this chapter shall make a return stating specifically the items of its gross income and the deductions and credits allowed by this chapter. The income of two or more corporations shall not be included in a single return except pursuant t…

Every corporation subject to the tax imposed by this chapter shall render a correct return of its payments of dividends. The return shall be duly verified under oath and shall state with respect to each shareholder who is a resident of this state the name and address of each share…

(a) As used in this Code section, the term: (1) “Administrative adjustment request” means the same as provided in Code Section 6227 of the Internal Revenue Code of 1986 and the regulations thereunder. (2) “Audited partnership” means a partnership subject to a final federal adjustm…

The commissioner may require any nonindividual taxpayer and any return preparer who prepares any return, report, or other document required to be filed by this chapter to electronically file any return, report, or other document required to be filed by this chapter when the federal …

(a) Returns of taxpayers other than corporations and partnerships shall be filed with the commissioner on or before April 15 in each year except that, in the case of taxpayers using a fiscal year, the return shall be filed on or before the fifteenth day of the fourth month after the …

(a) In case of failure to file an income tax return on the date prescribed for the filing, such date to be determined with regard to any extension of time for filing, there shall be added to the amount of tax required to be shown on the return 5 percent of the amount of the tax if t…

(a) A penalty of $1,000.00 may be assessed against any individual who files what purports to be a return of the tax imposed by Article 2 of this chapter if: (1) The purported return: (A) Does not contain information on which the substantial correctness of the amount of tax shown t…

(a) When the commissioner has reason to believe that any taxpayer conducts his or her trade or business so as to evade taxes, distort directly or indirectly his or her true net income, or distort directly or indirectly the net income properly attributable to this state, whether b…

Whenever in the opinion of the commissioner it is necessary to examine any copy of the federal income tax returns of any taxpayer in order to audit properly the state returns of the taxpayer, the commissioner shall have the right to examine the federal returns and all statements,…

(a) Except in accordance with proper judicial order or as otherwise provided by law, it is unlawful for the commissioner, other officer, employee, or agent, or any former officer, employee, or agent to divulge or make known in any manner the amount of income or any particulars se…

(a) It shall be unlawful for any person to violate any provision of Code Section 48-7-60 when the violation involves the divulging of information concerning income taxes. (b) Any person who violates subsection (a) of this Code section shall be guilty of a misdemeanor. (c) In addi…

(a) Each Georgia income tax return form for taxable years beginning on or after January 1, 2005, shall contain appropriate language, to be determined by the state revenue commissioner, offering the taxpayer the opportunity to contribute to the Georgia National Guard Foundation by…

(a) Each Georgia income tax return form for taxable years beginning on or after January 1, 2007, shall contain appropriate language, to be determined by the commissioner, offering the taxpayer the opportunity to contribute to permitted stem cell research, as defined in Code Sectio…

(a) Each Georgia income tax return form for taxable years beginning on or after January 1, 2023, shall contain appropriate language, to be determined by the state revenue commissioner, offering the taxpayer the opportunity to contribute to the Technical College System of Georgia …

The total amount of tax imposed by this chapter on taxpayers other than corporations shall be paid to the commissioner on or before April 15 following the close of the calendar year. If the return of a taxpayer other than a corporation is made on the basis of a fiscal year, the ta…

(a) If any amount of tax imposed by this chapter is not paid on or before the last date prescribed for payment, interest on the payment at the rate specified in Code Section 48-2-40 shall be paid for the period from the last date prescribed for payment to the date paid. (b) The la…

(a) Except as otherwise provided in this Code section, the amount of income tax imposed by this chapter shall be assessed within the time periods specified in Code Section 48-2-49. (b)(1) In the case of income received during the lifetime of a decedent, by the estate of a decedent…

Whenever any corporation has been dissolved or the assets of the corporation for any reason have passed entirely from the control of the corporation into the possession of its former stockholders or other persons without the payment of income taxes due the state, the commissioner…

Whenever the commissioner in his discretion determines that a person is not liable for the tax for an entire year because of moving into the state or moving out of the state, he may prorate the amount of the tax due the state and also may require the taxpayer to prorate any exemp…

(a)(1) In case of failure to pay: (A) The amount shown as tax on a return on or before the date prescribed for payment of the tax, such date to be determined with regard to any extension of time for payment, there shall be added to the amount of tax required to be shown on the re…

As used in this article, the term: (1) “Calendar quarter” means a period of three calendar months ending on March 31, June 30, September 30, or December 31. (1.1) “Corporation” shall have the same meaning as provided in Code Section 48-7-1, and shall also include electing Subchap…

The commissioner shall, not later than July 1, 1996, enter into an agreement with the federal Office of Personnel Management pursuant to 5 U.S.C. Section 8345 and its implementing regulations, 5 C.F.R. Sections 1901 through 1907, for the withholding of state income tax from the r…

(a) Wages subject to withholding. The amount of wages subject to withholding shall be the amount of each wage payment less the total withholding exemption allowance applicable to the wage payment as computed under subsection (b) of this Code section and less the standard deductio…

(a)(1) A zero exemption status shall apply to any employee receiving wages who, on the withholding exemption certificate required under subsection (c) of this Code section, disclaims any exemption status or who fails to file with his employer the withholding exemption certificate re…

(a) The commissioner shall have the power to make and publish reasonable rules and regulations: (1) Setting forth circumstances under which an employer shall be required to submit to the commissioner copies of withholding exemption certificates furnished to the employer by his emp…

(a) In general. If for any reason during any period of the calendar year more or less than the correct amount of the tax is withheld or more or less than the correct amount of the tax is paid to the commissioner, proper adjustment without interest may be made in any subsequent pe…

(a) Not later than January 31 in each year, each person required to withhold taxes as provided in this article shall furnish each employee for whom taxes have been withheld or to whom remuneration has been paid during the preceding calendar year a statement of wages paid and taxe…

(a) For calendar years beginning on or before December 18, 2015, on or before February 28 of each year for the preceding calendar year or on or before the thirtieth day after the date on which the final payment of wages is made by an employer who has ceased to pay wages, an employ…