Senate Bill 465
By: Senators Gooch of the 51st, Echols of the 49th, Ginn of the 47th, Robertson of the 29th,
Goodman of the 8th and others
AS PASSED SENATE
A BILL TO BE ENTITLED
AN ACT
To amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated,
relating to imposition, rate, computation, exemptions, and credits relative to income taxes,
so as to disqualify business enterprises that hire illegal aliens for large-scale projects from
claiming certain tax credits associated with such projects; to prevent a business enterprise
from claiming such credits in excess of such business enterprise's tax liability against certain
quarterly or monthly payments; to provide for a sunset date; to allow for a business enterprise
whose application has been approved prior to such sunset date to continue to claim credits
for a limited period of time; to provide for related matters; to repeal conflicting laws; and for
other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to
imposition, rate, computation, exemptions, and credits relative to income taxes, is amended
by revising subsection (d) of Code Section 48-7-40.24, relating to tax credits for jobs
associated with large-scale projects, and adding a new subsection to read as follows:
"(d) A business enterprise whose application is approved shall be allowed a tax credit for
taxes imposed under this article equal to $5,250.00 annually per new eligible full-time
employee job for five years beginning with the year in which such job is created through
year five after such creation; <del>provided, however, that, where the amount of such credit
exceeds a business enterprise's liability for such taxes in a taxable year, the excess may be
taken as a credit against such business enterprise's quarterly or monthly payment under
Code Section 48-7-103. The taxpayer may file an election with the commissioner to take
such credit against quarterly or monthly payments under Code Section 48-7-103 that
become due before the due date of the income tax return on which such credit may be
claimed. In the event of such an election, the commissioner shall confirm with the taxpayer
a date, which shall not be later than 30 days after receipt of the taxpayer's election, when
the taxpayer may begin to take the credit against such quarterly or monthly payments. For
any one taxable year the amounts taken as a credit against taxes imposed under this article
and against the business enterprise's quarterly or monthly payments under Code
Section 48-7-103 may not in the aggregate exceed $5,250.00 per eligible full-time
employee job. Each employee whose employer receives credit against such business
enterprise's quarterly or monthly payment under Code Section 48-7-103 shall receive a
credit against his or her income tax liability under Code Section 48-7-20 for the
corresponding taxable year for the full amount which would be credited against such
liability prior to the application of the credit provided for in this subsection. Credits against
quarterly or monthly payments under Code Section 48-7-103 and credits against liability
under Code Section 48-7-20 established by this subsection shall not constitute income to
the taxpayer.</del> To qualify for a credit under this subsection, the <del>employer</del> <ins>business
enterprise</ins> must make health insurance coverage available to the employee filling the new
full-time job; provided, however, that nothing in this subsection shall be construed to
require the <del>employer</del> <ins>business enterprise</ins> to pay for all or any part of health insurance
coverage for such an employee in order to claim the credit provided for in this subsection
if such <del>employer</del> <ins>enterprise</ins> does not pay for all or any part of health insurance coverage
for other employees. <ins>A business enterprise found to have hired an illegal alien, as such
term is defined in Code Section 16-11-201, and claimed such hiring as the basis for
receiving a tax credit under this Code section shall be disqualified from receiving any such
credit."
"(s) No business enterprise shall be allowed a tax credit under this Code section against
taxes imposed under this article on or after July 1, 2031; provided, however, that any
business enterprise whose application has been approved prior to such date may be allowed
such tax credit for the remainder of the five-year period, as provided under subsection (d)
of this Code section, for which such business enterprise would have otherwise been
allowed such tax credit."
</ins> SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.