House Bill 1291
By: Representatives Gisler of the 121st, Park of the 107th, Douglas of the 78th, and Okoye of
the 102nd
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to
income taxes, so as to provide for an income tax credit for certain costs in providing a
transportation benefit to certain employees; to provide for limitations; to provide for a public
awareness campaign; to provide for rules and regulations; to provide for definitions; to
provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes,
is amended by adding a new Code section to read as follows:
<ins>"48-7-29.29.
(a) As used in this Code section, the term:
(1) 'Covered employer' means any corporation required to pay income tax as provided
in this chapter.
(2) 'Qualified employee' means any employee of a covered employer who teleworks for
less than 50 percent of such employee's workdays.
</ins>
<ins>(3) 'Qualified transportation fringe benefit' means the provision of a transportation
commuter highway vehicle, a transit pass, or qualified parking provided in compliance
with subsection (f) of 26 U.S.C. Section 132.
(4) 'Telework' means to perform normal and regular work functions on a workday that
ordinarily would be performed at the covered employer's principal place of business at
a different location, thereby eliminating or substantially reducing the physical commute
to and from the covered employer's principal place of business. Such term shall not
include home based businesses, extensions of the workday, or work performed on a
weekend or holiday.
(b) A covered employer shall be allowed a credit against the tax imposed by Code
Section 48-7-20 for costs incurred in providing qualified transportation fringe benefits to
qualified employees. The credit shall be equal to 35 percent of the total amount spent on
such benefits, not to exceed $1,500.00 per qualified employee per taxable year.
(c) In no event shall the total amount of any tax credit under this Code section for a taxable
year exceed the covered employer's income tax liability. No unused tax credit shall be
allowed to be carried forward to apply to the covered employer's succeeding years' tax
liability. No such tax credit shall be allowed the covered employer against prior years' tax
liability.
(d) The department shall conduct a public awareness campaign about qualified
transportation fringe benefits. Such campaign may include both employer and employee
targeted outreach and advertising.
(e) The department shall promulgate any rules and regulations necessary to implement and
administer the provisions of this Code section."
</ins> SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.