O.C.G.A.

O.C.G.A. § 48-2-12 (2019)

Rules and regulations; forms

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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(a) The commissioner shall have the power to make and publish in print or electronically reasonable rules and regulations not inconsistent with this title or other laws or with the Constitution of this state or of the United States for the enforcement of this title and the collection of revenues under this title. (b) The commissioner shall prescribe the forms he deems necessary for the administration and enforcement of this title or any law which it is his duty to administer. (c) The authority granted to the commissioner pursuant to this Code section shall be exercised at all times in conformity with Chapter 13 of Title 50, the “Georgia Administrative Procedure Act.”

(d) This Code section shall apply to all rules and regulations promulgated by the commissioner pursuant to this title or pursuant to any revenue law of this state which is not a part of this title.

History

Ga. L. 1937-38, Ex. Sess., p. 77, § 7; Code 1933, § 91A-215, enacted by Ga. L. 1978, p. 309, § 2; Ga. L. 2010, p. 838, § 10/SB 388; Ga. L. 2017, p. 774, § 48/HB 323. Administrative rules and regulations. Meaning of Terms Used, Official Compilation of the Rules and Regulations

of the State of Georgia, Rules of Department of Revenue, Income Tax Division, Elections and Divisions, Rule 560-7-6-.02.

Annotations

Law reviews. For annual survey of administrative law, see 57 Mercer L. Rev. 1 (2005). For annual survey on administrative law, see 70 Mercer L. Rev. 1 (2018).

JUDICIAL DECISIONS Editor’s notes. - In light of the similarity of the statutory provisions, decisions under Ga. L. 1937-38, Ex. Sess., p. 77, § 25 are included in the annotations for this Code section. Construction and effect of rules and regulations. - Ga. L. 1972, p. 1104, § 1 et seq. (see now O.C.G.A. Pt. 1, Art. 5, Ch. 5, T. 48) does not establish detailed procedures for the employment and termination of the appraisal staff. The commissioner may make necessary rules and regulations not inconsistent with that Act, and such rules and regulations shall have the full force and effect of law. Spell v. Blalock, 243 Ga. 459, 254 S.E.2d 842, 1979 Ga. LEXIS 936 (1979). Commissioner’s determination entitled to deference. - Florida public authority’s action under O.C.G.A. § 48-6-7(b), protesting the denial by the Revenue Commissioner of the State of Georgia of its request for a refund of real estate transfer tax, paid pursuant to O.C.G.A. § 48-6-1, was denied since it was found that the exemption provided in O.C.G.A. § 48-6-2(a)(3) did not apply to

the out-of-state public authority; the Commissioner’s determination that the exemption did not apply to such an entity was entitled to deference pursuant to the principles of O.C.G.A. § 48-2-12. Hicks v. Fla. State Bd. of Admin., 265 Ga. App. 545, 594 S.E.2d 745, 2004 Ga. App. LEXIS 179 (2004). Trial court erred in declaring invalid a regulation used to interpret a research tax credit codified in a state statute on the ground that the regulation exceeded the scope of the authority upon which it was predicated; the state revenue commissioner had explicit authority to promulgate regulations for the enforcement of the Public Revenue Code and the collection of revenues under it, the regulation itself was authorized by statute, and the regulation reasonably required that a recipient have a positive Georgia taxable net income for each of the preceding three years in order to receive the tax credit. Ga. Dep’t of Revenue v. Ga. Chemistry Council, Inc., 270 Ga. App. 615, 607 S.E.2d 207, 2004 Ga. App. LEXIS 1543 (2004), cert. denied, No. S05C0574, 2005 Ga. LEXIS 272 (Ga. Mar. 28, 2005).

OPINIONS OF THE ATTORNEY GENERAL Editor’s notes. - In light of the similarity of the statutory provisions, opinions under Ga. L. 1937-38, Ex. Sess., p. 77, § 25 are included in the annotations for this Code section. Reasonability of stop payment rules and regulations. - Rules and

regulations providing for stop payments to be issued after 180 days and the return of funds to the general treasury are deemed reasonable in the absence of statutory authority to the contrary. 1973 Op. Att’y Gen. No. 73-103 (decided under Ga. L. 1937-38, Ex. Sess., p. 77, § 25).

RESEARCH REFERENCES Am. Jur. 2d. 71 Am. Jur. 2d, State and Local Taxation, § 98. C.J.S. C.J.S., Officers and Public

Employees, § 326 et seq. 81A C.J.S., States, §§ 260, 261.

Notes of Decisions
Cited in 8 cases (1 in the last 5 years), 2004–2025 · leading case: New Cingular Wireless PCS, LLC v. Ga. Dep't of Revenue, 813 S.E.2d 388 (Ga. 2018).
New Cingular Wireless PCS, LLC v. Ga. Dep't of Revenue, 813 S.E.2d 388 (Ga. 2018). · cites it 2× “OCGA § 48-2-12 (a) provides: "The commissioner shall have the power to make and publish in print or electronically reasonable rules and regulations not inconsistent with this title or other laws or with the Constitution of this state or of the United States for the enforcement…”
New Cingular Wireless Pcs, LLC v. Georgia Dep't of Revenue, 303 Ga. 468 (Ga. 2018). · cites it 2× “But the Department of Revenue 5 OCGA § 48-2-12 (a) provides: “The commissioner shall have the power to make and publish in print or electronically reasonable rules and regulations not inconsistent with this title or other laws or with the Constitution of this state or of the…”
New Cingular Wireless Pcs, LLC v. Georgia Dep't of Revenue, 797 S.E.2d 190 (Ga. Ct. App. 2017). · cites it 4× “615, 616 ( 607 SE2d 207 ) (2004) (punctuation omitted); see also OCGA § 48-2-12 (a) (“The commissioner shall have the power to make and publish in print or electronically reasonable rules and regulations not inconsistent with this title or other laws or with the Constitution of…”
Hicks v. Florida State Bd. of Admin., 594 S.E.2d 745 (Ga. Ct. App. 2004). · cites it 4× “” OCGA § 48-2-12. Here, while the Revenue Commissioner did not promulgate a rule or regulation defining which public authorities were entitled to an exemption from transfer tax, in his denial of the Board and Buckhead Atlanta Plaza’s request for refund, he found that the…”
Effingham Cnty. Bd. of Tax Assessors v. Samwilka, Inc., 629 S.E.2d 501 (Ga. Ct. App. 2006). · cites it 2× “See OCGA § 48-2-12 (a) (commissioner has the power to make reasonable rules and regulations).”
Georgia Dep't of Revenue v. Georgia Chemistry Council, Inc., 607 S.E.2d 207 (Ga. Ct. App. 2004). · cites it 2× “6 OCGA § 48-2-12 (a). 7 (Citations omitted.”
Uber Tech., Inc. v. Frank M. O'connell, in His Off. Capacity as Revenue Comm'r of the State of Georgia (Ga. Ct. App. 2025). · cites it 15× “A review of other regulations within the “Sales and Use Tax Division” rules, however, shows the consistent use of OCGA § 48-2-12 as the primary source of authority in other tax rules, and Uber does not dispute that OCGA § 48-2-12 is, in fact, the applicable statute for this…”
EMC Corp. v. Glenn Hegar, Comptroller of Pub. Accounts of the State of Texas & Ken Paxton, Attorney Gen. of the State of Texas (Tex. App. 2015). “&, O.C.G.A. § 48-2-12. So the adjustment to all taxes "on or measured by income" does not yield any "unreasonable results" 18 For example, a partnership that is subject to tax in Tennessee and which receives dividends from an SO-percent- owned corporation can take a…”
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