HB 230: Income tax; tax credit for certain expenses incurred by taxpayers that sell new construction homes to certain individuals for up to a certain price; provide
Last action February 6, 2025 · House Second Readers
House Bill 230 would give Georgia homebuilders a state income tax credit equal to 20 percent of construction costs for new single-family homes sold for $200,000 or less starting in 2026.
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 Introduced version, the latest LegiScan holds.
In plain language
Georgia currently offers no specific state income tax credit tied to building lower-priced starter homes. House Bill 230 would create one. Beginning with expenses incurred on or after January 1, 2026, a taxpayer who builds a new single-family home and sells it to an individual or related individuals for no more than $200,000 could claim a state income tax credit equal to 20 percent of the construction costs for that home. The credit cannot exceed the taxpayer's income tax liability for the year and cannot be applied to past years' taxes, but unused credit can be carried forward for up to five years. Taxpayers may also sell or transfer unused credits to other Georgia taxpayers once, subject to notification and compliance rules, including a requirement that any buyer of the credits acquire at least 60 percent of the transferred amount. The law would take effect January 1, 2026, applying to taxable years beginning on or after that date.
What the bill does
- Creates a new state income tax credit (O.C.G.A. § 48-7-29.27) worth 20 percent of construction expenses for new single-family homes sold at or below $200,000.
- Limits eligibility to construction expenses incurred on or after January 1, 2026, for homes sold to an individual or related individuals within that price cap.
- Caps the credit at the taxpayer's income tax liability for the year, bars use against prior years' taxes, and allows a five-year carry-forward of unused credit.
- Allows a taxpayer to sell or transfer unused credits once to another Georgia taxpayer, with a written notice to the Department of Revenue within 30 days.
- Requires any buyer of transferred credits to acquire at least 60 percent of the credits being transferred, and allows the state to disallow or recapture credits improperly claimed by a transferee.
- Sets the law's effective date as January 1, 2026, applying to taxable years beginning on or after that date.
Who it affects
Homebuilders and developers who construct new single-family homes priced at $200,000 or less, buyers of those homes, and other Georgia taxpayers who might purchase unused tax credits from builders. The Georgia Department of Revenue would administer the credit and transfer notifications.
Why it matters
Builders who construct lower-priced new homes could offset a fifth of their construction costs through a state tax credit, potentially making it more financially attractive to build homes near the $200,000 price point. Buyers of those homes are not directly taxed differently, but the incentive targets the supply of affordably priced new construction.
Key provisions
- Section 1 adds O.C.G.A. § 48-7-29.27, defining 'eligible construction expenses' as costs incurred on or after January 1, 2026, to build a home sold for $200,000 or less.
- Subsection (b) sets the credit at 20 percent of eligible construction expenses for taxable years beginning on or after January 1, 2026.
- Subsection (c) limits the credit to the taxpayer's tax liability, bars retroactive use, and allows a five-year carry-forward or transfer of unused amounts.
- Subsection (d) lays out transfer and sale rules, including a single-transfer limit, a 30-day notification requirement to the department, and disallowance for noncompliance.
- Subsection (d)(6) requires any transferee to acquire at least 60 percent of the transferred tax credits.
- Section 2 sets the effective date as January 1, 2026, applying to taxable years beginning on or after that date.
From the bill
“the term 'eligible construction expenses' means expenses incurred on or after January 1, 2026, by a taxpayer in the construction of a single-family residential home sold to an individual or related individuals for an amount that does not exceed $200,000.00.”
“a taxpayer shall be allowed an income tax credit against the tax imposed by this article equal to 20 percent of such taxpayer's eligible construction expenses.”
“The transferee must acquire a minimum of 60 percent of the amount of the tax credits in this Code section so transferred.”
Status timeline
- House Second Readers (House)
- House First Readers (House)
- House Hopper (House)
Sponsors
- Yasmin Neal (D, HD-079)
- Dale Washburn (R, HD-144)
- Devan Seabaugh (R, HD-034)
- Noel Williams (R, HD-148)
Topics
- income tax credits
- affordable housing
- home construction
- property development
- tax credit transfers