O.C.G.A. § 48-7-40.28 (2019)
(Effective until January 1,
2025.) Limitation on the aggregate amount of tax credits allowed for qualified investments in a research fund.
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(Effective January 1, 2025. Reserved effective December 31, 2029.) Limitation on the aggregate amount of tax credits allowed for qualified investments in a research fund. (Effective until January 1, 2025.) (For effective date until January 1, 2025, see note.) Tax credits for certain qualified equipment that reduces business or domestic energy or water usage. (Effective January 1, 2025.) (For effective date as of January 1, 2025, see note.) Tax credits for certain qualified equipment that reduces business or domestic energy or water usage. (Effective until January 1, 2025.) Tax credits for certain qualified investments for limited period of time. (Effective January 1, 2025.) Tax credits for certain qualified investments for limited period of time. Tax credits for employing qualified parolees. (Effective until January 1, 2025.) Tax credits for certain expenditures in revitalization zones. (Effective January 1, 2025. Reserved effective December 31, 2032.) Tax credits for certain expenditures in revitalization zones. [Reserved] Tax credits for musical or theatrical performances. (Effective until January 1, 2025.) Tax credits for Class III railroads; reporting. (Effective January 1, 2025. Repealed effective January 1, 2027.) Tax credits for Class III railroads; reporting. [Reserved] Tax credits for certain post-consumer waste material recycling facilities.
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Tax credits for timber producers incurring losses from Hurricane Michael. [Reserved] Basic skills education program credits. Affiliated entities; assignment of corporate income tax credits; carryover of unused credits; joint and severable liability. Article 3 Returns and Furnishing of Information Persons required to file returns; filing of copies of all or part of taxpayers’ federal tax returns. Corporation returns; contents; consolidated returns of two or more corporations; returns by receivers, trustees, and assignees; collection. Returns by corporations of information concerning dividend payments; oath; contents. Partnership returns; contents; oath; reporting of final federal adjustments; administrative adjustment request; rules and regulations. Electronic filing for nonindividual taxpayers. [Reserved] Required questions on returns for individuals. Time and place of filing returns; extensions; tentative returns; extensions for members of armed forces; estimated returns. Penalties for failure to file timely return; exceptions; reduction of tax due by partial payment, credit, or other penalty; impact of federal return extensions. Filing of returns which are frivolous or desire to impede the administration of state income tax laws.
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Taxpayer activities distorting true net income; proper computation by commissioner; consideration of potential reasonable profits. Examination of federal income tax returns. Confidentiality of tax information; exceptions; authorized inspection by certain officials; furnishing information to local tax authorities; furnishing information to nonofficials; conditions; effect of Code section. Unlawful divulging of confidential information concerning income taxes under Code Section 48-7-60; penalties. Optional taxpayer contributions to the Georgia National Guard Foundation through income tax payment and refund process. Optional taxpayer contributions to permitted stem cell research through income tax payment and refund process. Tax exempt contributions to the Technical College System of Georgia Foundation for scholarships awards.
Current Income Tax Payment Payment: Deficiencies, Assessment, and Collection Actions in restraint of assessment or collection of income tax. Discretionary authority to prorate tax and exemptions for person moving into or out of state. Penalties for nonpayment, failure to pay, or underpayment of taxes; reduction of tax by partial payments and credits; relief of liability on joint return. Article 5 Article 4 Time and place of payment of tax on basis of calendar or fiscal year. Computation of interest due on taxes not timely paid; assessment, collection, and payment of interest on penalties or additions; assessment and collection period. Periods of limitation for assessment of taxes; collection by execution; change or correction of net income. Action for collection of tax out of assets of dissolved corporation; procedure.
Definitions. Withholding of income tax from retirement benefits of federal annuitants. Collection of income tax at source; withholding. Withholding exemption status. Withholding exemptions; rules and regulations; submission of certificates to commissioner. Quarterly, monthly, and jeopardy returns; tax payments; forms. Period adjustments for incorrect withholdings or payments. Statements of wages paid and taxes withheld to employees; time; penalties; enforcement. Annual and final returns; time; return to be filed upon sale of business; withholding unpaid withholding taxes from purchase prices; penalties for violations. Filing of returns; persons authorized to sign; verification; furnishing of required forms by commissioner; effect of failure to furnish forms. Employer’s liability. Effect as to employer’s liability of employee’s pay- Sec.
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ment of tax not deducted and withheld; effect on employee’s income tax liability resulting from employer’s failure to withhold tax. Special accounting for withheld tax by employer who fails to deduct, withhold, collect, account for, or pay over taxes as required by article. Effect of employer’s voluntary compliance with requirements of article as to admission of doing business in state. Employer’s records; contents; period of preservation. Employee refunds and credits; procedures. Employer refunds and credits; procedure; claim for abatement of overassessment. Estimated income tax due from individuals; returns, exemptions, and limitations; applicability to fiduciaries. Time for filing estimated income tax by individuals. Installment payments of estimated tax by individuals. Estimated income tax by corporations. [Reserved] Time for filing declarations of estimated income tax by corporations. Installment payments of estimated tax by corporations. Failure by taxpayer to pay estimated income tax. Credit of estimated tax payment; credit or refund of estimated tax overpayment; rate of interest on refund; time. Nondeductibility to employer of tax deducted and withheld. Disregard of fractional parts of dollar in allowance of credits or refunds or in as- sessment or collection of deficiencies or underpayments. Reciprocal arrangements for relief of taxpayers from operation of income tax payment laws of more than one jurisdiction. Application of article to short taxable years. Assessable penalties and interest. Other violations of article; penalties. Withholding tax on sale or transfer of real property and associated tangible personal property by nonresidents. Withholding tax on distributions to nonresident members of partnerships, Subchapter “S” corporations, and limited liability companies.
Article 6 Local Income Taxes Prohibition of local income taxes. Article 7 Setoff Debt Collection Purposes. Definitions. Collection remedy additional. Submission of debts through Administrative Office of the Courts. Collection of debts through setoff; minimum debt; procedure; exceptions; request for setoff; administrative collection assistance fee. Procedure for setoffs and notification of taxpayers; certification of debts; transfer of refunds to claimant agency; notice to taxpayers; transferred funds in escrow account; costs borne by claimant agency. Hearing procedure; adjust- Sec.
ments of incorrect debts; nonavailability of hearings before department; issues previously litigated; appeals. Hearing; final determination of debt. Final determination of debt due; escrow account transfers; crediting of debt due; notice of setoff; refund of excess; disbursement of funds.
Annotations
Cross references. Penalty for disclosure of information obtained by person, corporation, or others engaged in business of preparing federal or state income tax returns or assisting in such preparation, § 16-11-81. Selection on tax form of nonprofit corporations for contribution, § 20-3-316.1. Establishment of plans to provide tax deferral benefits for state, county, or other employees, § 45-18-30 et seq. Administrative rules and regulations. Signature Requirements for Tax Returns, Official Compilation of the Rules and Regulations of the State of Georgia, Department of Revenue, Fiscal Operations Division, Substantive Regulations, § 560-3-2-.27.
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Effect of setoff on refund. Priority of department over claimant agencies for collection by setoff. Rules and regulations. Disclosure of taxpayer information to claimant agency or Administrative Office of the Courts; confidentiality; use of information.
Law reviews. For article, “Federal-Georgia Income Tax Differences: More Than Just a Nuisance,” see 20 Ga. St. B. J. 20 (1983). For note on the 2002 amendment of this chapter, see 19 Georgia St. U.L. Rev. 281 (2002). For annual survey on state and local taxation: a two-year survey, see 71 Mercer L. Rev. 279 (2019). For article, “Stay Schemin’: Tax Courts Recent Ruling on Credit Card Rewards and the Impact This Ruling has on Future Rewards Programs,” see 57 Ga. L. Rev. 805 (2023).
JUDICIAL DECISIONS Editor’s notes. - In light of the similarity of the statutory provisions, decisions under former Code 1933, Ch. 92-30 through 92-33, which was subsequently repealed but was succeeded by provisions in this chapter, are included in the annotations for this chapter. Much of the state income tax law is patterned upon the United States Internal Revenue Code of 1954. Carter v. Oxford, 102 Ga. App. 762, 118 S.E.2d 216 (decided under former Code 1933, Ch. 92-30 through 92-33). No intent to tax income earned outside state by domestic corporation. - It is not the purpose and intent of former Code 1933, Ch. 92-30 through 92-33 to tax the net income of a domestic corporation derived from
property owned or business done outside the territorial limits of this state, although this may constitutionally be done, as regards a domestic corporation. Interstate Bond Co. v. State Revenue Comm’n, 50 Ga. App. 744, 179 S.E. 559, 1934 Ga. App. LEXIS 587 (1934) (decided under former Code 1933, Ch. 92-30 through 92-33). “Doing business” construed. - “Doing business” in order to incur tax liability under statutes imposing taxes on persons doing business in a state means that a foreign corporation must transact some substantial part of the corporation’s ordinary business there, and that it must be continuous in character as distinguished from a mere casual or occasional transaction. A series of
transactions is not necessarily conclusive on the question of whether the corporation is doing business. Redwine v. United States Tobacco Co., 209 Ga. 725, 75 S.E.2d
556, 1953 Ga. LEXIS 378 (1953) (decided under former Code 1933, Ch. 92-30 through 92-33).
OPINIONS OF THE ATTORNEY GENERAL Editor’s notes. - In light of the similarity of the statutory provisions, opinions under former Code 1933, Ch. 92-99, which was subsequently repealed but was succeeded by provisions in this chapter, are included in the annotations for this chapter. Elements of proof of criminal violation of income tax laws. - To sustain a criminal prosecution for
violation of the state income tax laws, it must be shown that the violator is subject to the requirements of the laws; that after actual notice the violator failed to comply with the request of the commissioner, and that the violator resides in the county where the proceedings are instituted. 1945-47 Ga. Op. Att’y Gen. 564 (rendered under former Code 1933, Ch. 92-30 through 92-33).
RESEARCH REFERENCES ALR. Constitutionality, construction, and application provisions of state tax law for conformity with federal income tax law or administrative and judicial interpretation, 42 A.L.R.2d 797.
Damages for breach of contract as affected by income tax considerations, 50 A.L.R.4th 452.
ARTICLE 1 GENERAL PROVISIONS RESEARCH REFERENCES ALR. Bond or warrant of governmental subdivision as subject of taxation or exemption, 26 A.L.R. 547; 44 A.L.R. 510. Tax computed upon aggregate income of husband and wife who make joint return as apportionable in respect of liability for its payment, 104 A.L.R. 430. Retroactive effect of income tax, 109 A.L.R. 523; 118 A.L.R. 1153. Income tax in respect of corporate earnings returned to stockholding customers in proportion to business transacted, 109 A.L.R. 969.
Validity and construction of statute or ordinance providing for relief of poor persons from taxes, 123 A.L.R. 597. Valuation of gift property for purposes of gift tax, 60 A.L.R.2d 1304. Exclusion of meals and lodging from gross income under “convenience of the employer” rule, 84 A.L.R.2d 1215. What constitutes “reasonable cause” under state statutes imposing penalty on taxpayer for failure to file timely tax return unless such failure was due to “reasonable cause,” 29 A.L.R.4th 413.