The Senate Committee on Rules offered the following
substitute to HB 79:
A BILL TO BE ENTITLED
AN ACT
To amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and
taxation, so as to provide for a tax credit for certain eligible expenses incurred for firearm
safe handling instructional courses; to provide for an aggregate annual cap; to provide for
definitions; to provide for terms and conditions; to provide for credit preapproval by the
department; to prohibit the creation of certain lists or databases; to provide for rules and
regulations; to provide for automatic repeal; to provide for related matters; to provide for a
short title; 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.
This Act shall be known and may be cited as the "Firearm Safe Handling Tax Credit Act."
SECTION 2.
Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is
amended by adding a new Code section to read as follows:
<ins>"48-7-29.11A.
(a) As used in this Code section, the term:
(1) 'Eligible expenses' means expenses incurred by an individual taxpayer during the
taxable year for the cost of a firearm safe handling instructional course.
(2) 'Firearm' means any handgun, shotgun, rifle, or other weapon that will be converted
or is designed to or may readily be converted to expel single or multiple projectiles by
action of an explosion of a combustible material.
(3) 'Firearm safe handling instructional course' means an in-person training of at least
two hours in duration that includes, but is not limited to, instruction on safe handling, use,
and storage of firearms.
(b)(1) Under the terms and conditions of this Code section, an individual taxpayer shall
be allowed a credit against the tax imposed by Code Section 48-7-20 in the amount of
such taxpayer's eligible expenses or $300.00, whichever is less.
(2) In no event shall the aggregate limit of tax credits allowed under this Code section
for any year exceed $10 million.
(c)(1) The department shall develop a procedure to be followed in the preapproval of any
tax credit allowed pursuant to this Code section.
(2) An individual taxpayer seeking a tax credit pursuant to this Code section shall apply
to the department for preapproval of such tax credit. Such taxpayer shall specify the
taxable year for which he or she is seeking a tax credit.
(3) Individual taxpayers that properly apply for preapproval of such tax credit following
the procedure developed by the department shall be approved on a first-come, first served
basis until the aggregate limit for such tax credits is reached for that year.
(4) The department shall preapprove tax credits for each preapproval application within
30 days and in the received order of submitted applications. Such preapproved tax credits
shall be in the amount of $300.00 for each preapproval application.
</ins>
<ins>(5) In the event that an individual taxpayer applies for preapproval and the amount of tax
credits available for the taxable year are not sufficient to fully fund the tax credits
requested, the department shall deny such taxpayer's request and shall not accept any
additional preapproval applications from taxpayers for the taxable year.
(d) For a tax credit allowed pursuant to this Code section, an individual taxpayer shall
maintain receipts for purchases or costs relative to the eligible expenses for three years
following the submission of the taxpayer's tax return claiming such tax credit. Such receipts
shall be made available upon request for review by the commissioner.
(e) In no event shall the total amount of any tax credit under this Code section for a taxable
year exceed the taxpayer's income tax liability. No unused tax credit shall be allowed to
be carried forward to apply to the taxpayer's succeeding years' tax liability. No such tax
credit shall be allowed the taxpayer against prior years' tax liability.
(f) No person shall create any list of names regarding persons who have applied for or
have been allowed a tax credit pursuant to this Code section except for purposes necessary
to the administration of such credit.
(g) The commissioner shall promulgate such rules and regulations as may be necessary for
the implementation and administration of the provisions of this Code section.
(h) This Code section shall stand repealed and reserved on December 31, 2031."
</ins> SECTION 3.
This Act shall become effective on January 1, 2027, and shall be applicable to taxable years
beginning on or after such date.
SECTION 4.
All laws and parts of laws in conflict with this Act are repealed.