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2018 Georgia Code 16-17-5 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 16-17-5 Case Law from Google Scholar Amendments to OCGA 16-17-5

TITLE 16 CRIMES AND OFFENSES

Section 17. Payday Lending, 16-17-1 through 16-17-10.

ARTICLE 5 SANCTIONS AGAINST LICENSED PERSONS FOR OFFENSES INVOLVING CONTROLLED SUBSTANCES OR MARIJUANA

16-17-5. Tax on loans.

  1. There is imposed a state tax on all loans made in violation of this chapter. Such tax shall be administered and collected in connection with the Georgia income taxation of the person making such loans and shall be in addition to any other tax liability of such person.
  2. The tax imposed by this Code section shall be at the rate of 50 percent of all proceeds received by a person from loans made in violation of this chapter.
  3. A person making loans in violation of this chapter shall declare and return the proceeds subject to taxation under this Code section as a part of such person's Georgia income tax return.
  4. The state revenue commissioner shall retain returns under this Code section apart from all other returns and shall not disclose any part of such a return for any purpose other than the collection of tax owed or a criminal prosecution involving tax matters. In a criminal proceeding under this chapter, a person's return of proceeds under this Code section and any evidence derived as a result of such return shall not be admissible.

(Code 1981, §16-17-5, enacted by Ga. L. 2004, p. 60, § 3.)

Cases Citing O.C.G.A. § 16-17-5

Total Results: 3  |  Sort by: Relevance  |  Newest First

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State v. Chulpayev, 296 Ga. 764 (Ga. 2015).

Cited 64 times | Published | Supreme Court of Georgia | Mar 27, 2015 | 770 S.E.2d 808

...erived from such testimony or evidence shall be used against the person in any proceeding or prosecution for a crime or offense concerning which he or she testified or produced evidence under court order. . . .” (emphasis added)). See also OCGA § 16-17-5 (d) (“In a criminal proceeding under this chapter [relating to illegal payday loans], a person’s return of proceeds under this Code section and any evidence derived as a result of such return shall not be admissible.” (emphasis ad...
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W. Sky Fin., LLC v. State, 300 Ga. 340 (Ga. 2016).

Cited 17 times | Published | Supreme Court of Georgia | Oct 31, 2016 | 793 S.E.2d 357

...the transaction (OCGA § 16-17-3) and is liable to the state for a civil penalty equal to three times that amount (OCGA§ 16-17-4). The Act also imposes a penalty in the form of a tax on all proceeds the lender receives from such a transaction. OCGA § 16-17-5....

State v. Chulpayev (Ga. 2015).

Published | Supreme Court of Georgia | Mar 27, 2015 | 793 S.E.2d 357

...erived from such testimony or evidence shall be used against the person in any proceeding or prosecution for a crime or offense concerning which he or she testified or produced evidence under court order. . . .” (emphasis added)). See also OCGA § 16-17-5 (d) (“In a criminal proceeding under this chapter [relating to illegal payday loans], a person’s return of proceeds under this Code section and any evidence derived as a result of such return shall not be admissible.” (emphasis ad...