Georgia CommonsHB 364: Income tax; allow a noncustodial parent to claim a tax credit based upon the federal qualified child and dependent care tax credit
Introduced version, the latest LegiScan holds · Last action February 12, 2025 · Introduced
The text as LegiScan holds it, read from the PDF the legislature publishes with its margin line numbers, running heads, and page footers removed. Line breaks are joined into paragraphs here; no word is changed.
Underlined words are what the bill adds to current law and struck-through words are what it removes, as the printed bill shows them.
House Bill 364
By: Representative Neal of the 79th
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 allow a noncustodial parent to claim a tax credit based upon the federal qualified child and dependent care tax credit; to provide for related matters; to provide for an effective date and applicability; 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 in Code Section 48-7-29.10, relating to tax credits for qualified child and dependent care tax credits, by revising subsection (a) as follows: "(a) A taxpayer shall be allowed a credit against the tax imposed by Code Section 48-7-20 for qualified child and dependent care expenses. Such credit shall be determined by applying a percentage to 30 percent of the amount of the credit provided for in Section 21 of the Internal Revenue Code which is claimed and allowed pursuant to the Internal Revenue Code; provided, however, that, if a taxpayer is not allowed the credit pursuant to the Internal Revenue Code because such taxpayer was not the qualifying child's custodial parent, such taxpayer shall be allowed the credit pursuant to this Code section if such taxpayer provided at least one-half of the qualifying child's support for the year. Such percentage shall be:
(1) Ten percent for all taxable years beginning on or after January 1, 2006, and prior to January 1, 2007;
(2) Twenty percent for all taxable years beginning on or after January 1, 2007, and prior to January 1, 2008;
(3) Thirty percent for all taxable years beginning on or after January 1, 2008."
SECTION 2.
This Act shall become effective on July 1, 2025, and shall be applicable to all taxable years beginning on or after January 1, 2026.
SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.