Georgia Commons

Title 48. REVENUE AND TAXATION

Chapter 7. INCOME TAXES

179 sections · 48-7-1 to 48-7-170

Article 1. GENERAL PROVISIONS

  1. 48-7-1Definitions.
  2. 48-7-2Unlawful failure to pay tax, file return, keep records, supply information, or exhibit books; penalty.
  3. 48-7-3Unlawful assisting, procuring, counseling, or advising in filing income tax return; penalty.
  4. 48-7-4Unlawful disregard of rules and regulations of commissioner in preparing returns; penalty.
  5. 48-7-5Evasion of income tax, penalty, interest, or other amount in excess of $3,000.00.
  6. 48-7-6License or registration extensions for National Guard members and reservists on active duty.

Article 2. IMPOSITION, RATE, COMPUTATION, EXEMPTIONS, AND CREDITS

  1. 48-7-20Individual tax rates; credit for withholding and other payments; applicability to estates and trusts.
  2. 48-7-20.1Tax refund credit for qualified taxpayers filing in the 2021 tax year.
  3. 48-7-20.2Tax refund credit for qualified taxpayers filing in the 2022 tax year.
  4. 48-7-20.3Tax refund credit for qualified taxpayers filing in the 2023 and 2024 tax years.
  5. 48-7-21Taxation of corporations.
  6. 48-7-21.1Compensation paid by taxpayer disallowed as business expense.
  7. 48-7-22Taxation of fiduciaries, estates, and trusts; rate; taxable net income; computation; exemptions; determination of taxable year; tax as charge against estate or trust.
  8. 48-7-23Taxation of partnerships.
  9. 48-7-24Nonresident members of resident partnerships; resident members of nonresident partnerships; profits; distributive shares; taxability.
  10. 48-7-25Exempt corporations and organizations; eligibility for and revocation of exempt status; retroactivity; statute of limitations; information returns; unrelated business income; deductibility of death benefit payments.
  11. 48-7-26Personal exemptions.
  12. 48-7-27Computation of taxable net income.2 versions
  13. 48-7-27.1Tax credits for taxpayers electing certain itemized nonbusiness deductions.
  14. 48-7-28Reciprocity.
  15. 48-7-28.1Tax repayments and benefits.
  16. 48-7-28.2Employer social security credits.
  17. 48-7-28.3Expenses from transactions with related members.
  18. 48-7-28.4Adjustments to taxes; disallowing expenses paid to certain real estate investment trusts; procedures, conditions, and limitations.
  19. 48-7-28.5Catastrophe savings accounts; contributions and distributions; deductions and exemptions.
  20. 48-7-29Tax credits for rural physicians.
  21. 48-7-29.1Tax credits for retrofitting certain single-family homes with accessibility features.
  22. 48-7-29.2Tax credits for qualified caregiving expenses.
  23. 48-7-29.3Tax credits for federal qualified transportation fringe benefits.Repealed
  24. 48-7-29.4Tax credits for disaster assistance funds received.2 versions
  25. 48-7-29.5Tax credits for private driver education courses of minors; required documentation; rules and regulations.Repealed
  26. 48-7-29.6Tax credits for qualified low-income buildings.
  27. 48-7-29.7Tax credits for depository financial institutions.2 versions
  28. 48-7-29.8Tax credits for the rehabilitation of historic structures.
  29. 48-7-29.9Tax credits for qualified life insurance premiums for active duty National Guard and Air National Guard members.2 versions
  30. 48-7-29.10Tax credits for qualified child and dependent care expenses.
  31. 48-7-29.11Tax credits for eligible teleworking expenses.
  32. 48-7-29.12Tax credits for donation of real property for conservation purposes.2 versions
  33. 48-7-29.13Tax credits for qualified health insurance expenses.2 versions
  34. 48-7-29.14Tax credits for clean energy property.2 versions
  35. 48-7-29.15Tax credits for the adoption of foster children.
  36. 48-7-29.16Tax credits for contributions to student scholarship organizations.2 versions
  37. 48-7-29.17Tax credits for purchase of eligible single-family residence.2 versions
  38. 48-7-29.18Tax credits for purchasers of alternative fuel heavy-duty and medium-duty vehicles.
  39. 48-7-29.19Procedures, conditions, and limitations for the tax credits for purchasers of alternative fuel heavy-duty and medium-duty vehicles.
  40. 48-7-29.20Tax credits for contributions to rural hospital organizations.2 versions
  41. 48-7-29.21Tax credits for donations to nonprofit corporations awarding grants to public schools.2 versions
  42. 48-7-29.22Tax credits for certain medical preceptor rotations.
  43. 48-7-29.23Tax credits for teachers in the teacher recruitment and retention program.
  44. 48-7-29.24Tax credits for contributions to foster child support organizations.
  45. 48-7-29.25Tax credits for contributions to law enforcement foundations.
  46. 48-7-29.26Tax credits for rural health care professionals.
  47. 48-7-29.27Tax credits for qualifying child.
  48. 48-7-29.28Tax credit for eligible child care payments.
  49. 48-7-30Taxation of nonresident’s net income derived from activities within state; separate accounting; deductions; applicability of provisions for corporations to nonresidents.
  50. 48-7-31Taxation of corporations; computation, allocation, and apportionment of income.
  51. 48-7-31.1Conditions for allocating taxpayer’s income pursuant to agreement; public inspection; criteria for evaluating proposals.
  52. 48-7-32Taxation of railroad and public service corporations; computation of net income where business is within and outside state; net income for all other such corporations.
  53. 48-7-33Annual accounting periods.
  54. 48-7-34Returns of corporations and nonresidents based upon books of account; application to commissioner; time; contents.
  55. 48-7-35Application for permission to use other method of allocation by corporation or nonresident; contents; effect of failure to receive notice of rejection.
  56. 48-7-36Tolling of time limits for filings by reason of war related service in armed forces.
  57. 48-7-37Taxes due from members of armed forces dying on active duty; applicability of tax to particular taxable years; assessment of unpaid taxes; abatement; credit or refund of collected payments.
  58. 48-7-38Deduction for payments to classified subcontractors; disclosure of tax returns; maintenance of list of classified subcontractors.
  59. 48-7-39Depreciation of property placed in service in prior tax years.
  60. 48-7-40Designation of counties as less developed areas; tax credits for certain business enterprises.2 versions
  61. 48-7-40.1Tax credits for business enterprises in less developed areas.2 versions
  62. 48-7-40.1ATax credits for personal protective equipment manufacturers.2 versions
  63. 48-7-40.1BTax credits for manufacturers of medical equipment and supplies, pharmaceuticals, and medicine.2 versions
  64. 48-7-40.2Tax credits for existing manufacturing and telecommunications facilities in tier 1 counties.2 versions
  65. 48-7-40.3Tax credits for existing manufacturing and telecommunications facilities in tier 2 counties.2 versions
  66. 48-7-40.4Tax credits for existing manufacturing and telecommunications facilities or manufacturing and telecommunications support facilities in tier 3 or 4 counties.2 versions
  67. 48-7-40.5Tax credits for employers providing approved retraining programs.2 versions
  68. 48-7-40.6Tax credits for employers providing child care.
  69. 48-7-40.7Optional tax credits for existing manufacturing and telecommunications facilities in tier 1 counties.2 versions
  70. 48-7-40.8Optional tax credits for existing manufacturing and telecommunications facilities in tier 2 counties.2 versions
  71. 48-7-40.9Optional tax credits for existing manufacturing and telecommunications facilities or manufacturing and telecommunications support facilities in tier 3 and 4 counties.2 versions
  72. 48-7-40.10Tax credits for water conservation facilities and qualified water conservation investment property.Reserved
  73. 48-7-40.11Tax credits for shift from ground-water usage.Reserved
  74. 48-7-40.12Tax credits for qualified research expenses.2 versions
  75. 48-7-40.13“Business enterprise” defined; tax credit.Reserved
  76. 48-7-40.14Calculation of new full-time jobs.
  77. 48-7-40.15Tax credits for base year port traffic increases.2 versions
  78. 48-7-40.15ATax credit for employer with base year port traffic increases.2 versions
  79. 48-7-40.16Tax credits for alternative fuel, low-emission, and zero-emission vehicles and electric vehicle chargers.2 versions
  80. 48-7-40.17Tax credits for establishing or relocating quality jobs.
  81. 48-7-40.18Tax credits for businesses headquartered in state; full-time jobs.
  82. 48-7-40.19Diesel particulate emission reduction technology equipment; tax credit.Repealed
  83. 48-7-40.20Tax credits for businesses engaged in manufacturing cigarettes for exportation.2 versions
  84. 48-7-40.21Tax credits for existing business enterprises undergoing qualified business expansion.
  85. 48-7-40.22Tax credits for business enterprises that purchase or lease a motor vehicle to provide transportation for employees.2 versions
  86. 48-7-40.23Election to count new jobs on calendar year basis.
  87. 48-7-40.24Tax credits for jobs associated with large-scale projects.
  88. 48-7-40.25Tax credits for investment in expanding existing manufacturing facilities; enhancements for high-impact aerospace defense projects.2 versions
  89. 48-7-40.26Tax credits for film, gaming, video, or digital production.2 versions
  90. 48-7-40.26ATax credits for postproduction expenditures.
  91. 48-7-40.27Tax credits for qualified investments in a research fund.2 versions
  92. 48-7-40.28Limitation on the aggregate amount of tax credits allowed for qualified investments in a research fund.2 versions
  93. 48-7-40.29Tax credits for certain qualified equipment that reduces business or domestic energy or water usage.2 versions
  94. 48-7-40.30Tax credits for certain qualified investments for limited period of time.
  95. 48-7-40.31Tax credits for employing qualified parolees.
  96. 48-7-40.32Tax credits for certain expenditures in revitalization zones.2 versions
  97. 48-7-40.33Tax credits for musical or theatrical performances.Reserved
  98. 48-7-40.34Tax credits for Class III railroads; reporting.2 versions
  99. 48-7-40.35Tax credits for certain post-consumer waste material recycling facilities.Reserved
  100. 48-7-40.36Tax credits for timber producers incurring losses from Hurricane Michael.
  101. 48-7-40.37Tax credits for timber producers incurring losses from Hurricane Helene.
  102. 48-7-41Basic skills education program credits.Reserved
  103. 48-7-42Affiliated entities; assignment of corporate income tax credits; carryover of unused credits; joint and severable liability.

Article 3. RETURNS AND FURNISHING OF INFORMATION

  1. 48-7-50Persons required to file returns; filing of copies of all or part of taxpayers’ federal tax returns.
  2. 48-7-51Corporation returns; contents; consolidated returns of two or more corporations; returns by receivers, trustees, and assignees; collection.
  3. 48-7-52Returns by corporations of information concerning dividend payments; oath; contents.
  4. 48-7-53Partnership returns; contents; oath; reporting of final federal adjustments; administrative adjustment request; rules and regulations.
  5. 48-7-54Electronic filing for nonindividual taxpayers.
  6. 48-7-55Required questions on returns for individuals.Reserved
  7. 48-7-56Time and place of filing returns; extensions; tentative returns; extensions for members of armed forces; estimated returns.
  8. 48-7-57Penalties for failure to file timely return; exceptions; reduction of tax due by partial payment, credit, or other penalty; impact of federal return extensions.
  9. 48-7-57.1Filing of returns which are frivolous or desire to impede the administration of state income tax laws.
  10. 48-7-58Taxpayer activities distorting true net income; proper computation by commissioner; consideration of potential reasonable profits.
  11. 48-7-59Examination of federal income tax returns.
  12. 48-7-60Confidentiality of tax information; exceptions; authorized inspection by certain officials; furnishing information to local tax authorities; furnishing information to nonofficials; conditions; effect of Code section.
  13. 48-7-61Unlawful divulging of confidential information concerning income taxes under Code Section 48-7-60; penalties.
  14. 48-7-62Optional taxpayer contributions to the Georgia National Guard Foundation through income tax payment and refund process.
  15. 48-7-63Optional taxpayer contributions to permitted stem cell research through income tax payment and refund process.
  16. 48-7-64Tax exempt contributions to the Technical College System of Georgia Foundation for scholarships awards.

Article 4. PAYMENT: DEFICIENCIES, ASSESSMENT, AND COLLECTION

  1. 48-7-80Time and place of payment of tax on basis of calendar or fiscal year.
  2. 48-7-81Computation of interest due on taxes not timely paid; assessment, collection, and payment of interest on penalties or additions; assessment and collection period.
  3. 48-7-82Periods of limitation for assessment of taxes; collection by execution; change or correction of net income.
  4. 48-7-83Action for collection of tax out of assets of dissolved corporation; procedure.
  5. 48-7-84Actions in restraint of assessment or collection of income tax.
  6. 48-7-85Discretionary authority to prorate tax and exemptions for person moving into or out of state.
  7. 48-7-86Penalties for nonpayment, failure to pay, or underpayment of taxes; reduction of tax by partial payments and credits; relief of liability on joint return.

Article 5. CURRENT INCOME TAX PAYMENT

  1. 48-7-100Definitions.
  2. 48-7-100.1Withholding of income tax from retirement benefits of federal annuitants.
  3. 48-7-101Collection of income tax at source; withholding.
  4. 48-7-102Withholding exemption status.
  5. 48-7-102.1Withholding exemptions; rules and regulations; submission of certificates to commissioner.
  6. 48-7-103Quarterly, monthly, and jeopardy returns; tax payments; forms.
  7. 48-7-104Period adjustments for incorrect withholdings or payments.
  8. 48-7-105Statements of wages paid and taxes withheld to employees; time; penalties; enforcement.
  9. 48-7-106Annual and final returns; time; return to be filed upon sale of business; withholding unpaid withholding taxes from purchase prices; penalties for violations.
  10. 48-7-107Filing of returns; persons authorized to sign; verification; furnishing of required forms by commissioner; effect of failure to furnish forms.
  11. 48-7-108Employer’s liability.
  12. 48-7-109Effect as to employer’s liability of employee’s payment of tax not deducted and withheld; effect on employee’s income tax liability resulting from employer’s failure to withhold tax.
  13. 48-7-109.1Special accounting for withheld tax by employer who fails to deduct, withhold, collect, account for, or pay over taxes as required by article.
  14. 48-7-110Effect of employer’s voluntary compliance with requirements of article as to admission of doing business in state.
  15. 48-7-111Employer’s records; contents; period of preservation.
  16. 48-7-112Employee refunds and credits; procedures.
  17. 48-7-113Employer refunds and credits; procedure; claim for abatement of overassessment.
  18. 48-7-114Estimated income tax due from individuals; returns, exemptions, and limitations; applicability to fiduciaries.
  19. 48-7-115Time for filing estimated income tax by individuals.
  20. 48-7-116Installment payments of estimated tax by individuals.
  21. 48-7-117Estimated income tax by corporations.
  22. 48-7-118Time for filing declarations of estimated income tax by corporations.Reserved
  23. 48-7-119Installment payments of estimated tax by corporations.
  24. 48-7-120Failure by taxpayer to pay estimated income tax.
  25. 48-7-121Credit of estimated tax payment; credit or refund of estimated tax overpayment; rate of interest on refund; time.
  26. 48-7-122Nondeductibility to employer of tax deducted and withheld.
  27. 48-7-123Disregard of fractional parts of dollar in allowance of credits or refunds or in assessment or collection of deficiencies or underpayments.
  28. 48-7-124Reciprocal arrangements for relief of taxpayers from operation of income tax payment laws of more than one jurisdiction.
  29. 48-7-125Application of article to short taxable years.
  30. 48-7-126Assessable penalties and interest.
  31. 48-7-127Other violations of article; penalties.
  32. 48-7-128Withholding tax on sale or transfer of real property and associated tangible personal property by nonresidents.
  33. 48-7-129Withholding tax on distributions to nonresident members of partnerships, Subchapter “S” corporations, and limited liability companies.

Article 6. LOCAL INCOME TAXES

  1. 48-7-140Prohibition of local income taxes.

Article 7. SETOFF DEBT COLLECTION

  1. 48-7-160Purposes.
  2. 48-7-161Definitions.
  3. 48-7-162Collection remedy additional.
  4. 48-7-162.1Submission of debts through Administrative Office of the Courts.
  5. 48-7-163Collection of debts through setoff; minimum debt; procedure; exceptions; request for setoff; administrative collection assistance fee.
  6. 48-7-164Procedure for setoffs and notification of taxpayers; certification of debts; transfer of refunds to claimant agency; notice to taxpayers; transferred funds in escrow account; costs borne by claimant agency.
  7. 48-7-165Hearing procedure; adjustments of incorrect debts; nonavailability of hearings before department; issues previously litigated; appeals.
  8. 48-7-165.1Hearing; final determination of debt.
  9. 48-7-166Final determination of debt due; escrow account transfers; crediting of debt due; notice of setoff; refund of excess; disbursement of funds.
  10. 48-7-167Effect of setoff on refund.
  11. 48-7-168Priority of department over claimant agencies for collection by setoff.
  12. 48-7-169Rules and regulations.
  13. 48-7-170Disclosure of taxpayer information to claimant agency or Administrative Office of the Courts; confidentiality; use of information.