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2018 Georgia Code 36-88-4 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 36-88-4 Case Law from Google Scholar Amendments to OCGA 36-88-4

TITLE 36 LOCAL GOVERNMENT

Chapter 88 information not found

ARTICLE 11 INTEREST RATE MANAGEMENT AGREEMENTS

36-88-4. Available incentives; qualifying business; exemptions.

  1. The following incentives are available to qualifying business and service enterprises to encourage revitalization within enterprise zones:
    1. The enterprise zone property tax exemption provided in Code Section 36-88-8;
    2. The occupational tax, regulatory fee, and business inspection fee abatement or reduction provided in Code Section 36-88-9; and
    3. For enterprise zones created pursuant to subsection (g) of Code Section 36-88-6, the sales and use tax exemption provided in such subsection pursuant to the authority granted by Article IX, Section II, Paragraph VII(c) of the Constitution of Georgia.
  2. A qualifying business or service enterprise is an enterprise which increased employment by five or more new full-time job equivalents in an area designated as an enterprise zone and which provides additional economic stimulus in such zone. The quality and quantity of such additional economic stimulus shall be determined, on a case-by-case basis, by the local governing body or bodies that have designated the enterprise zone. Such business or service enterprise may be new, an expansion or reinvestment of an existing business or service enterprise, or a successor to such business or service enterprise. Whenever possible, 10 percent of such new employees shall be low-income or moderate-income individuals.
  3. Notwithstanding any provision of this Code section to the contrary, a local governing body or bodies creating an enterprise zone prior to January 1, 2000, may provide the exemptions and abatements as provided in this chapter to any qualifying business or service enterprise which employs at least 5,000 persons and which creates ten or more new full-time job equivalents that did not exist prior to July 1, 1997, provided such qualifying business or service enterprise provides economic stimulus to such zone and the quality and quantity of such stimulus is acceptable to the local governing body or bodies creating the enterprise zone.

(Code 1981, §36-88-4, enacted by Ga. L. 1997, p. 1481, § 1; Ga. L. 2017, p. 52, § 2/HB 342.)

The 2017 amendment, effective July 1, 2017, deleted "and" from the end of paragraph (a)(1); substituted "; and" for a period at the end of paragraph (a)(2); and added paragraph (a)(3).

Cases Citing O.C.G.A. § 36-88-4

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Frazen v. Downtown Dev. Auth. of Atlanta, 309 Ga. 411 (Ga. 2020).

Cited 7 times | Published | Supreme Court of Georgia | Jun 29, 2020

...zone for unemployed, low, and moderate income persons in accordance with the standards set forth in such general law.” Id. Pursuant to this constitutional grant of authority, the General Assembly passed the Enterprise Zone Employment Act of 1997. OCGA § 36-88-1 et seq. OCGA § 36-88-4 (a) allows the use of “incentives [to be made] available to qualifying business and service enterprises to encourage revitalization within enterprise zones.” In turn, a “qualifying business or service enterprise” is an organization that increases employment by five or more full-time job equivalents in the designated area. Id. In addition, to the extent that it is feasible, “10 percent of such new employees shall be low-income or moderate-income individuals.” OCGA § 36-88-4 (b). The 2017 Amendment continues to limit tax incentives to “qualifying business and service enterprises” within enterprise zones. OCGA § 36-88-4 (a) lists three “enterprise zone” incentives that are available to qualifying enterprises....
...In amending the Act’s “qualifying business” section cited directly above, the General Assembly expressed its intent for OCGA § 36-88- 6 (g) enterprise zones (such as The Gulch) to remain subject to the “qualifying business” requirement in OCGA § 36-88-4....