Georgia CommonsHouse · Engrossed · 2025-2026 Regular Session
HB 169: Ad valorem tax; breach of a covenant for bona fide conservation use related to solar generation of energy; limit exceptions
Last action March 25, 2026 · Senate Read Second Time
A Senate substitute for HB 169 would create a new Georgia income tax credit for small businesses that offer employees individual coverage health reimbursement arrangements, health savings account access, and paid leave.
The summaries below were written by an AI model (claude-sonnet-5) from the text of the bill and are not part of it. Quote the text, not the summary. The stored text is the Comm Sub version, the latest the General Assembly's website lists.
In plain language
Although this bill was originally filed under a title about property tax rules for land under conservation-use covenants tied to solar energy, the Senate Finance Committee substitute rewrites its actual content entirely. The substitute creates the 'Georgia Small Business Resiliency Act,' a new income tax credit under O.C.G.A. § 48-7-40.10 for employers with fewer than 50 employees that offer paid vacation and personal leave, paid parental leave, health savings account access, and an individual coverage health reimbursement arrangement (a way employers reimburse workers for buying their own health insurance). Qualifying employers that contribute at least $200 per month per covered employee to this arrangement can claim a credit worth up to $600 per employee in the first three years, phasing down to $400 and then $200 in years four and five, capped at five years total and $10 million statewide per year. Employers must apply for preapproval each year by October 1. The credit applies to tax years starting January 1, 2026, and the whole provision repeals itself on December 31, 2030.
What the bill does
- Creates a new Georgia income tax credit for small employers (fewer than 50 employees) that offer individual coverage health reimbursement arrangements alongside paid leave and health savings account access.
- Requires qualifying employers to contribute at least $200 per month per covered employee to the arrangement to claim the credit.
- Sets a declining credit schedule: $600 per employee in years one through three, $400 in year four, and $200 in year five, capped at five years per employer.
- Caps total statewide credits claimed under this provision at $10 million per year and requires employers to apply for preapproval by October 1 each year.
- Allows pass-through entities with no income tax liability to pass the credit to their members, shareholders, or partners.
- Automatically repeals the entire credit program on December 31, 2030.
Who it affects
Small businesses with fewer than 50 employees that offer certain health and leave benefits, their employees who receive individual coverage health reimbursement arrangements, and the Georgia Department of Revenue, which must review applications, issue preapproval certificates, and administer the credit's rules.
Why it matters
Small employers who already offer, or are considering offering, individual health reimbursement arrangements and paid leave could reduce their state income tax bill by hundreds of dollars per employee for up to five years, potentially changing how some small businesses structure employee health benefits in Georgia.
Key provisions
- Section 1 names the measure the 'Georgia Small Business Resiliency Act.'
- Section 2 rewrites O.C.G.A. § 48-7-40.10 to define 'covered employee,' 'individual coverage health reimbursement arrangement,' and 'qualified taxpayer' (an employer with fewer than 50 employees offering specified benefits).
- Subsection (c) sets the credit amount on a declining scale: $600 per employee for years one through three, $400 in year four, $200 in year five, with a five-year maximum per employer.
- Subsection (d) caps total statewide credits at $10 million per year.
- Subsection (e) requires employers to submit preapproval applications by October 1 each year, with the Department of Revenue issuing certificates by November 1.
- Subsection (i) repeals the entire credit program on December 31, 2030.
- Section 3 sets the effective date as July 1, 2026, applicable to tax years beginning on or after January 1, 2026.
From the bill
“'Qualified taxpayer' means any taxpayer employing fewer than 50 employees that offers each covered employee at least ten paid days off for vacation and personal necessity, some form of paid parental leave, access to a health savings account, and an individual coverage health reimbursement arrangement.”
“In no event shall the aggregate amount of tax credits allowed pursuant to this Code section exceed $10 million per year.”
“This Code section shall stand repealed and reserved on December 31, 2030.”
Discussed in meetings (4)
The House and Senate meetings that took this bill up, from their machine transcripts. Each account was written by Georgia Commons with AI and is not part of the record; the video is what was said.
Senate Finance Committee, March 23, 2026
From 0:29:14 · Watch on the General Assembly's Vimeo channel
Summary by Georgia Commons: The sponsor presented replacement language drawn from HB 1110 to help small businesses recruit and retain employees by offering health benefits. The sponsor said businesses contributing $200 per month to an employee’s health reimbursement account could receive a $400 or $600 tax credit per covered employee during the program’s first three years. The sponsor said the Georgia Chamber and NFIB supported the proposal. The chair recalled that an earlier version had been narrowed with smaller credits and a shorter expiration period. The chair questioned whether the credit would be enough to encourage contributions but expressed reluctance to increase it, adding that unused incentives would not cost the state money. The committee approved the bill unanimously.
Senate Rules Committee, March 25, 2026
From 0:33:51 · Watch on the General Assembly's Vimeo channel
Summary by Georgia Commons: The presenter requested consideration of HB 169, which was not on the consideration sheet, and described it as a small-business tax credit measure. No further explanation or action was shown.
Senate Rules Committee, March 30, 2026
From 0:46:45 · Watch on the General Assembly's Vimeo channel
Summary by Georgia Commons: The sponsor said HB 169 would provide a small-business tax credit for contributions to employees' health reimbursement arrangements. After lunch, a member nominated it for the final calendar slot as an incentive for businesses to provide health insurance and noted that the listed title did not match the current contents. It received support in the informal vote but was not selected for the final calendar.
Status timeline
- Senate Read Second Time (Senate)
- Senate Committee Favorably Reported By Substitute (Senate)
- Senate Read and Referred (Senate)
- House Passed/Adopted By Substitute (House)
- House Third Readers (House)
- House Committee Favorably Reported By Substitute (House)
- House Second Readers (House)
- House First Readers (House)
Show full history (9 actions)
- House Hopper (House)
Sponsors
- Chas Cannon (R, HD-172)
- Robert Dickey (R, HD-134)
- John Corbett (R, HD-174)
- Angie O'Steen (R, HD-169)
- David Huddleston (R, HD-72)
- Jaclyn Ford (R, HD-170)
- Chuck Hufstetler (R, SD-52)
Votes
- House voteFebruary 27, 2025
160 yea, 0 nay (7 not voting, 13 excused)
Topics
- small business taxes
- health benefits
- income tax credits
- employer health coverage