48-5-425. Deductions from special franchise tax due any county, municipality, or school district.

The amount of all taxes and charges specified in subsection (b) of this Code section which are paid or liable to be paid by a taxpayer in any tax year to a county, municipality, or school district may be deducted by the taxpayer from the amount of special franchise tax due or paid by the taxpayer in the same tax year to the county, municipality, or school district.#

1. (1)

   Amounts of the following fees and charges may qualify for the deduction provided in subsection (a) of this Code section:#

   1. (A)

      Gross receipts tax;#

   2. (B)

      Income tax;#

   3. (C)

      Occupation tax or charge;#

   4. (D)

      Privilege tax or charge; and#

   5. (E)

      Charges due for the special franchise or privilege other than special franchise taxes.#

2. (2)

   Amounts of the following shall not qualify for the deduction provided in subsection (a) of this Code section even if they would otherwise be qualified for the deduction pursuant to paragraph (1) of this subsection:#

   1. (A)

      Ad valorem tax;#

   2. (B)

      Charges for bridge rentals; and#

   3. (C)

      Charges or assessments for paving or repairing any street, highway, or public place.#

No deduction may be taken pursuant to this Code section when the deduction would result in a credit against the special franchise tax due for the tax year to a county, municipality, or school district which is greater than the taxpayer’s liability for the tax in the tax year.#