Income Taxes (arts. 1 — 7)

Chapter 7 - Income Taxes (arts. 1 — 7)
Section 48-7-1 - Definitions.Section 48-7-2 - Unlawful Failure to Pay Tax, File Return, Keep Records, Supply Information, or Exhibit Books; Penalty.Section 48-7-3 - Unlawful Assisting, Procuring, Counseling, or Advising in Filing Income Tax Return; Penalty.Section 48-7-4 - Unlawful Disregard of Rules and Regulations of Commissioner in Preparing Returns; Penalty.Section 48-7-5 - Evasion of Income Tax, Penalty, Interest, or Other Amount in Excess of $3,000.00.Section 48-7-6 - License or Registration Extensions for National Guard Members and Reservists on Active Duty.Section 48-7-20 - Individual Tax Rates; Credit for Withholding and Other Payments; Applicability to Estates and Trusts.Section 48-7-20.1 - Tax Refund Credit for Qualified Taxpayers Filing in the 2021 Tax Year.Section 48-7-20.2 - Tax Refund Credit for Qualified Taxpayers Filing in the 2022 Tax Year.Section 48-7-21 - Taxation of Corporations.Section 48-7-21.1 - Compensation Paid by Taxpayer Disallowed as Business Expense.Section 48-7-22 - Taxation of Fiduciaries, Estates, and Trusts; Rate; Taxable Net Income; Computation; Exemptions; Determination of Taxable Year; Tax as Charge Against Estate or Trust.Section 48-7-23 - Taxation of Partnerships.Section 48-7-24 - Nonresident Members of Resident Partnerships; Resident Members of Nonresident Partnerships; Profits; Distributive Shares; Taxability.Section 48-7-25 - Exempt Corporations and Organizations; Eligibility for and Revocation of Exempt Status; Retroactivity; Statute of Limitations; Information Returns; Unrelated Business Income; Deductibility of Death Benefit Payments.Section 48-7-26 - Personal Exemptions.Section 48-7-27 - [effective Until January 1, 2027] Computation of Taxable Net Income.Section 48-7-27.1 - Tax Credits for Taxpayers Electing Certain Itemized Nonbusiness Deductions.Section 48-7-28 - Reciprocity.Section 48-7-28.1 - Tax Repayments and Benefits.Section 48-7-28.2 - Employer Social Security Credits.Section 48-7-28.3 - Expenses From Transactions With Related Members.Section 48-7-28.4 - Adjustments to Taxes; Disallowing Expenses Paid to Certain Real Estate Investment Trusts; Procedures, Conditions, and Limitations.Section 48-7-29 - [reserved Effective December 31, 2029] Tax Credits for Rural Physicians.Section 48-7-29.1 - Tax Credits for Retrofitting Certain Single-family Homes With Accessibility Features.Section 48-7-29.3 - [repealed] Tax Credits for Federal Qualified Transportation Fringe Benefits.Section 48-7-29.4 - Tax Credits for Disaster Assistance Funds Received.Section 48-7-29.5 - [repealed] Tax Credits for Private Driver Education Courses of Minors; Required Documentation; Rules and Regulations.Section 48-7-29.6 - Tax Credits for Qualified Low-income Buildings.Section 48-7-29.7 - Tax Credits for Depository Financial Institutions.Section 48-7-29.8 - (reserved Effective December 31, 2029.) Tax Credits for the Rehabilitation of Historic Structures.Section 48-7-29.9 - Tax Credits for Qualified Life Insurance Premiums for Active Duty National Guard and Air National Guard Members.Section 48-7-29.10 - Tax Credits for Qualified Child and Dependent Care Expenses.Section 48-7-29.11 - Tax Credits for Eligible Teleworking Expenses.Section 48-7-29.12 - Tax Credits for Donation of Real Property for Conservation Purposes.Section 48-7-29.13 - [effective January 1, 2025. Reserved Effective December 31, 2029] Tax Credits for Qualified Health Insurance Expenses.Section 48-7-29.14 - Tax Credits for Clean Energy Property.Section 48-7-29.15 - Tax Credits for the Adoption of Foster Children.Section 48-7-29.16 - Tax Credits for Contributions to Student Scholarship Organizations.Section 48-7-29.17 - Tax Credits for Purchase of Eligible Single-family Residence.Section 48-7-29.18 - Tax Credits for Purchasers of Alternative Fuel Heavy-duty and Medium-duty Vehicles.Section 48-7-29.19 - Procedures, Conditions, and Limitations for the Tax Credits for Purchasers of Alternative Fuel Heavy-duty and Medium-duty Vehicles.Section 48-7-29.20 - (reserved Effective December 31, 2029.) Tax Credits for Contributions to Rural Hospital Organizations.Section 48-7-29.21 - [effective January 1, 2025. Repealed Effective December 31, 2029] Tax Credits for Donations to Nonprofit Corporations Awarding Grants to Public Schools.Section 48-7-29.22 - [repealed Effective December 31, 2030] Tax Credits for Certain Medical Preceptor Rotations.Section 48-7-29.23 - Tax Credits for Teachers in the Teacher Recruitment and Retention Program.Section 48-7-29.24 - Tax Credits for Contributions to Foster Child Support Organizations.Section 48-7-29.25 - Tax Credits for Contributions to Law Enforcement Foundations.Section 48-7-29.26 - [reserved Effective December 31, 2029] Tax Credits for Rural Health Care Professionals.Section 48-7-30 - Taxation of Nonresident’s Net Income Derived From Activities Within State; Separate Accounting; Deductions; Applicability of Provisions for Corporations to Nonresidents.Section 48-7-31 - Taxation of Corporations; Computation, Allocation, and Apportionment of Income.Section 48-7-31.1 - Conditions for Allocating Taxpayer’s Income Pursuant to Agreement; Public Inspection; Criteria for Evaluating Proposals.Section 48-7-32 - Taxation of Railroad and Public Service Corporations; Computation of Net Income Where Business Is Within and Outside State; Net Income for All Other Such Corporations.Section 48-7-33 - Annual Accounting Periods.Section 48-7-34 - Returns of Corporations and Nonresidents Based Upon Books of Account; Application to Commissioner; Time; Contents.Section 48-7-35 - Application for Permission to Use Other Method of Allocation by Corporation or Nonresident; Contents; Effect of Failure to Receive Notice of Rejection.Section 48-7-36 - Tolling of Time Limits for Filings by Reason of War Related Service in Armed Forces.Section 48-7-37 - Taxes 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.Section 48-7-38 - Deduction for Payments to Classified Subcontractors; Disclosure of Tax Returns; Maintenance of List of Classified Subcontractors.Section 48-7-39 - Depreciation of Property Placed in Service in Prior Tax Years.Section 48-7-40 - Designation of Counties as Less Developed Areas; Tax Credits for Certain Business Enterprises.Section 48-7-40.1 - Tax Credits for Business Enterprises in Less Developed Areas.Section 48-7-40.1A - Tax Credits for Personal Protective Equipment Manufacturers.Section 48-7-40.1B - Tax Credits for Manufacturers of Medical Equipment and Supplies, Pharmaceuticals, and Medicine.Section 48-7-40.2 - Tax Credits for Existing Manufacturing and Telecommunications Facilities in Tier 1 Counties.Section 48-7-40.3 - Tax Credits for Existing Manufacturing and Telecommunications Facilities in Tier 2 Counties.Section 48-7-40.4 - Tax Credits for Existing Manufacturing and Telecommunications Facilities or Manufacturing and Telecommunications Support Facilities in Tier 3 or 4 Counties.Section 48-7-40.5 - Tax Credits for Employers Providing Approved Retraining Programs.Section 48-7-40.6 - Tax Credits for Employers Providing Child Care.Section 48-7-40.7 - Optional Tax Credits for Existing Manufacturing and Telecommunications Facilities in Tier 1 Counties.Section 48-7-40.8 - Optional Tax Credits for Existing Manufacturing and Telecommunications Facilities in Tier 2 Counties.Section 48-7-40.9 - Optional Tax Credits for Existing Manufacturing and Telecommunications Facilities or Manufacturing and Telecommunications Support Facilities in Tier 3 and 4 Counties.Section 48-7-40.10 - [reserved] Tax Credits for Water Conservation Facilities and Qualified Water Conservation Investment Property.Section 48-7-40.11 - [reserved] Tax Credits for Shift From Ground-water Usage.Section 48-7-40.12 - Tax Credits for Qualified Research Expenses.Section 48-7-40.13 - [reserved] “business Enterprise” Defined; Tax Credit.Section 48-7-40.14 - Calculation of New Full-time Jobs.Section 48-7-40.15 - Tax Credits for Base Year Port Traffic Increases.Section 48-7-40.15A - Tax Credit for Employer With Base Year Port Traffic Increases.Section 48-7-40.16 - [effective January 1, 2025. Reserved Effective December 31, 2029] Tax Credits for Alternative Fuel, Low-emission, and Zero-emission Vehicles and Electric Vehicle Chargers.Section 48-7-40.17 - Tax Credits for Establishing or Relocating Quality Jobs.Section 48-7-40.18 - Tax Credits for Businesses Headquartered in State; Full-time Jobs.Section 48-7-40.19 - [repealed] Diesel Particulate Emission Reduction Technology Equipment; Tax Credit.Section 48-7-40.20 - Tax Credits for Businesses Engaged in Manufacturing Cigarettes for Exportation.Section 48-7-40.21 - Tax Credits for Existing Business Enterprises Undergoing Qualified Business Expansion.Section 48-7-40.22 - (reserved Effective December 31, 2029.) Tax Credits for Business Enterprises That Purchase or Lease a Motor Vehicle to Provide Transportation for Employees.Section 48-7-40.23 - Election to Count New Jobs on Calendar Year Basis.Section 48-7-40.24 - Tax Credits for Jobs Associated With Large-scale Projects.Section 48-7-40.25 - Tax Credits for Investment in Expanding Existing Manufacturing Facilities; Enhancements for High-impact Aerospace Defense Projects.Section 48-7-40.26 - [effective Until January 1, 2026] Tax Credits for Film, Gaming, Video, or Digital Production.Section 48-7-40.26A - Tax Credits for Postproduction Expenditures.Section 48-7-40.27 - [effective January 1, 2025. Reserved Effective December 31, 2029] Tax Credits for Qualified Investments in a Research Fund.Section 48-7-40.28 - [effective January 1, 2025. Reserved Effective December 31, 2029] Limitation on the Aggregate Amount of Tax Credits Allowed for Qualified Investments in a Research Fund.Section 48-7-40.29 - (for Effective Date, See Note.) Tax Credits for Certain Qualified Equipment That Reduces Business or Domestic Energy or Water Usage.Section 48-7-40.30 - Tax Credits for Certain Qualified Investments for Limited Period of Time.Section 48-7-40.31 - Tax Credits for Employing Qualified Parolees.Section 48-7-40.32 - [effective January 1, 2025. Reserved Effective December 31, 2032] Tax Credits for Certain Expenditures in Revitalization Zones.Section 48-7-40.33 - [reserved] Tax Credits for Musical or Theatrical Performances.Section 48-7-40.34 - [effective January 1, 2025. Repealed Effective January 1, 2027] Tax Credits for Class Iii Railroads; Reporting.Section 48-7-40.35 - [reserved] Tax Credits for Certain Post-consumer Waste Material Recycling Facilities.Section 48-7-40.36 - Tax Credits for Timber Producers Incurring Losses From Hurricane Michael.Section 48-7-40.37 - Tax Credits for Timber Producers Incurring Losses From Hurricane Helene.Section 48-7-41 - [reserved] Basic Skills Education Program Credits.Section 48-7-42 - Affiliated Entities; Assignment of Corporate Income Tax Credits; Carryover of Unused Credits; Joint and Severable Liability.Section 48-7-50 - Persons Required to File Returns; Filing of Copies of All or Part of Taxpayers’ Federal Tax Returns.Section 48-7-51 - Corporation Returns; Contents; Consolidated Returns of Two or More Corporations; Returns by Receivers, Trustees, and Assignees; Collection.Section 48-7-52 - Returns by Corporations of Information Concerning Dividend Payments; Oath; Contents.Section 48-7-53 - Partnership Returns; Contents; Oath; Reporting of Final Federal Adjustments; Administrative Adjustment Request; Rules and Regulations.Section 48-7-54 - Electronic Filing for Nonindividual Taxpayers.Section 48-7-55 - [reserved] Required Questions on Returns for Individuals.Section 48-7-56 - Time and Place of Filing Returns; Extensions; Tentative Returns; Extensions for Members of Armed Forces; Estimated Returns.Section 48-7-57 - Penalties for Failure to File Timely Return; Exceptions; Reduction of Tax Due by Partial Payment, Credit, or Other Penalty; Impact of Federal Return Extensions.Section 48-7-57.1 - Filing of Returns Which Are Frivolous or Desire to Impede the Administration of State Income Tax Laws.Section 48-7-58 - Taxpayer Activities Distorting True Net Income; Proper Computation by Commissioner; Consideration of Potential Reasonable Profits.Section 48-7-59 - Examination of Federal Income Tax Returns.Section 48-7-60 - Confidentiality of Tax Information; Exceptions; Authorized Inspection by Certain Officials; Furnishing Information to Local Tax Authorities; Furnishing Information to Nonofficials; Conditions; Effect of Code Section.Section 48-7-61 - Unlawful Divulging of Confidential Information Concerning Income Taxes Under Code Section 48-7-60; Penalties.Section 48-7-62 - Optional Taxpayer Contributions to the Georgia National Guard Foundation Through Income Tax Payment and Refund Process.Section 48-7-63 - Optional Taxpayer Contributions to Permitted Stem Cell Research Through Income Tax Payment and Refund Process.Section 48-7-64 - Tax Exempt Contributions to the Technical College System of Georgia Foundation for Scholarships Awards.Section 48-7-80 - Time and Place of Payment of Tax on Basis of Calendar or Fiscal Year.Section 48-7-81 - Computation of Interest Due on Taxes Not Timely Paid; Assessment, Collection, and Payment of Interest on Penalties or Additions; Assessment and Collection Period.Section 48-7-82 - Periods of Limitation for Assessment of Taxes; Collection by Execution; Change or Correction of Net Income.Section 48-7-83 - Action for Collection of Tax Out of Assets of Dissolved Corporation; Procedure.Section 48-7-84 - Actions in Restraint of Assessment or Collection of Income Tax.Section 48-7-85 - Discretionary Authority to Prorate Tax and Exemptions for Person Moving Into or Out of State.Section 48-7-86 - Penalties for Nonpayment, Failure to Pay, or Underpayment of Taxes; Reduction of Tax by Partial Payments and Credits; Relief of Liability on Joint Return.Section 48-7-100 - Definitions.Section 48-7-100.1 - Withholding of Income Tax From Retirement Benefits of Federal Annuitants.Section 48-7-101 - Collection of Income Tax at Source; Withholding.Section 48-7-102 - Withholding Exemption Status.Section 48-7-102.1 - Withholding Exemptions; Rules and Regulations; Submission of Certificates to Commissioner.Section 48-7-103 - Quarterly, Monthly, and Jeopardy Returns; Tax Payments; Forms.Section 48-7-104 - Period Adjustments for Incorrect Withholdings or Payments.Section 48-7-105 - Statements of Wages Paid and Taxes Withheld to Employees; Time; Penalties; Enforcement.Section 48-7-106 - Annual and Final Returns; Time; Return to Be Filed Upon Sale of Business; Withholding Unpaid Withholding Taxes From Purchase Prices; Penalties for Violations.Section 48-7-107 - Filing of Returns; Persons Authorized to Sign; Verification; Furnishing of Required Forms by Commissioner; Effect of Failure to Furnish Forms.Section 48-7-108 - Employer’s Liability.Section 48-7-109 - Effect 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.Section 48-7-109.1 - Special Accounting for Withheld Tax by Employer Who Fails to Deduct, Withhold, Collect, Account For, or Pay Over Taxes as Required by Article.Section 48-7-110 - Effect of Employer’s Voluntary Compliance With Requirements of Article as to Admission of Doing Business in State.Section 48-7-111 - Employer’s Records; Contents; Period of Preservation.Section 48-7-112 - Employee Refunds and Credits; Procedures.Section 48-7-113 - Employer Refunds and Credits; Procedure; Claim for Abatement of Overassessment.Section 48-7-114 - Estimated Income Tax Due From Individuals; Returns, Exemptions, and Limitations; Applicability to Fiduciaries.Section 48-7-115 - Time for Filing Estimated Income Tax by Individuals.Section 48-7-116 - Installment Payments of Estimated Tax by Individuals.Section 48-7-117 - Estimated Income Tax by Corporations.Section 48-7-118 - [reserved] Time for Filing Declarations of Estimated Income Tax by Corporations.Section 48-7-119 - Installment Payments of Estimated Tax by Corporations.Section 48-7-120 - Failure by Taxpayer to Pay Estimated Income Tax.Section 48-7-121 - Credit of Estimated Tax Payment; Credit or Refund of Estimated Tax Overpayment; Rate of Interest on Refund; Time.Section 48-7-122 - Nondeductibility to Employer of Tax Deducted and Withheld.Section 48-7-123 - Disregard of Fractional Parts of Dollar in Allowance of Credits or Refunds or in Assessment or Collection of Deficiencies or Underpayments.Section 48-7-124 - Reciprocal Arrangements for Relief of Taxpayers From Operation of Income Tax Payment Laws of More Than One Jurisdiction.Section 48-7-125 - Application of Article to Short Taxable Years.Section 48-7-126 - Assessable Penalties and Interest.Section 48-7-127 - Other Violations of Article; Penalties.Section 48-7-128 - Withholding Tax on Sale or Transfer of Real Property and Associated Tangible Personal Property by Nonresidents.Section 48-7-129 - Withholding Tax on Distributions to Nonresident Members of Partnerships, Subchapter “s” Corporations, and Limited Liability Companies.Section 48-7-140 - Prohibition of Local Income Taxes.Section 48-7-160 - Purposes.Section 48-7-161 - Definitions.Section 48-7-162 - Collection Remedy Additional.Section 48-7-162.1 - Submission of Debts Through Administrative Office of the Courts.Section 48-7-163 - Collection of Debts Through Setoff; Minimum Debt; Procedure; Exceptions; Request for Setoff; Administrative Collection Assistance Fee.Section 48-7-164 - Procedure 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.Section 48-7-165 - Hearing Procedure; Adjustments of Incorrect Debts; Nonavailability of Hearings Before Department; Issues Previously Litigated; Appeals.Section 48-7-165.1 - Hearing; Final Determination of Debt.Section 48-7-166 - Final Determination of Debt Due; Escrow Account Transfers; Crediting of Debt Due; Notice of Setoff; Refund of Excess; Disbursement of Funds.Section 48-7-167 - Effect of Setoff on Refund.Section 48-7-168 - Priority of Department Over Claimant Agencies for Collection by Setoff.Section 48-7-169 - Rules and Regulations.Section 48-7-170 - Disclosure of Taxpayer Information to Claimant Agency or Administrative Office of the Courts; Confidentiality; Use of Information.