---
title: O.C.G.A. § 16-17-5. Tax on loans.
collection: code
id: 16-17-5
cite_as: O.C.G.A. § 16-17-5 (2025)
canonical_url: https://georgiacommons.org/code/16-17-5
md_url: https://georgiacommons.org/code/16-17-5.md
text_url: https://georgiacommons.org/code/16-17-5/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t16-ch12-17-(v14b)-2024-pdf.pdf?sfvrsn=a591fa7b_0#page=806
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: CRIMES AND OFFENSES / PAYDAY LENDING
---

# O.C.G.A. § 16-17-5. Tax on loans.

(a) There is imposed a state tax on all loans made in violation of this chapter. Such tax shall be administered and collected in connection with the Georgia income taxation of the person making such loans and shall be in addition to any other tax liability of such person.

(b) The tax imposed by this Code section shall be at the rate of 50 percent of all proceeds received by a person from loans made in violation of this chapter.

(c) A person making loans in violation of this chapter shall declare and return the proceeds subject to taxation under this Code section as a part of such person’s Georgia income tax return.

(d) The state revenue commissioner shall retain returns under this Code section apart from all other returns and shall not disclose any part of such a return for any purpose other than the collection of tax owed or a criminal prosecution involving tax matters. In a criminal proceeding under this chapter, a person’s return of proceeds under this Code section and any evidence derived as a result of such return shall not be admissible.

## History

Code 1981, § 16-17-5, enacted by Ga. L. 2004, p. 60, § 3.