48-7-21.1. Compensation paid by taxpayer disallowed as business expense.

As used in this Code section, the term:#

1. (1)

   “Authorized employee” means any individual whose hiring for employment or continuing employment in the United States does not violate the provisions of 8 U.S.C. Section 1324a.#

2. (2)

   “Basic pilot program” shall mean the electronic verification of a work authorization program of the Illegal Immigrant Reform and Immigrant Responsibility Act of 1996, P. L. 104-208, Division C, Section 1324a note, and operated by the United States Department of Homeland Security.#

3. (3)

   “Labor services” means the physical performance of services in this state.#

On or after January 1, 2008, no payment or compensation or other remuneration, including but not limited to wages, salaries, bonuses, benefits, in-kind exchanges, expenses, or any other economic benefit, paid for labor services to an individual totaling $600.00 or more in a taxable year, may be claimed and allowed as a deductible business expense for state income tax purposes by a taxpayer unless such individual is an authorized employee. The provisions of this subsection shall apply whether or not an Internal Revenue Service Form 1099 or Form W-2 is issued in conjunction with such payments, compensation, or other remuneration.#

This Code section shall not apply to any business which:#

1. (1)

   Has enrolled and participates in the basic pilot program; or#

2. (2)

   Is exempt from compliance with federal employment verification procedures under federal law which makes the employment of unauthorized aliens unlawful.#

This Code section shall not apply to any individual hired by the taxpayer prior to January 1, 2008.#

This Code section shall not apply to any taxpayer where the individual being paid is not directly compensated or employed by said taxpayer.#

This Code section shall not apply to payments, compensation, or other remuneration paid for labor services to any individual who holds and presents to the taxpayer a valid license or identification card issued by the Georgia Department of Driver Services.#

The commissioner is authorized to prescribe forms and promulgate rules and regulations deemed necessary in order to administer and effectuate this Code section.#