For the latest news and updates on Georgia state and local tax
April 8, 2022
Georgia Removes Restrictions on Consolidated Corporate Returns
On March 3, 2022, Georgia passed a bill that would amend the current code by removing the preapproval requirement for filing a consolidated corporate return. Under the current code, affiliated corporations are required to file separate income returns unless the taxpayer has received approval from the Georgia Department of Revenue to file on a consolidated basis. Once signed by the Governor, HB 1058 allows affiliated groups the option to elect consolidated filing as a matter of right. Once made, consolidated filing elections are irrevocable for five (5) years. Once enacted, HB 1058 is effective for tax years beginning on or after January 1, 2023.
April 1, 2022
Georgia Governor Signs Bill That Temporarily Halts Gas Tax Through End of May
On March 18, 2022, Georgia Governor Kemp signed legislation that temporarily suspends excise tax collection on motor fuel sales from the date of enactment through May 31, 2022. The taxes suspended apply only to the fuel excise tax imposed under Ga. Code Ann. 48-9-3. The holiday does not apply to local sales or use taxes, including prepaid local tax. The taxes suspended during this holiday are those on gasoline, clear diesel, aviation gasoline, liquid propane gas, gasohol, ethanol, liquefied natural gas and compressed natural gas. Distributors should not remit Georgia motor fuel excise tax on fuel sold during the sales tax holiday.
October 21, 2021
GA – High-Technology Computer Equipment Exemption
Georgia provides a sales tax exemption for specified high-technology companies which purchase or lease at least $15 million worth of qualifying computer (or other high-tech) equipment in the state. The qualification for such an exemption is based on the claimants NAICS Code. Businesses with specific NAICS Codes in sectors 33 and 54 that make qualified purchases exceeding $15 million per year may request for an exemption certificate from the Georgia Department of Revenue.
The Georgia Department of Revenue has released guidance related to reporting requirements for high-technology companies who have been issued an exemption certificate. High-technology companies who have received an exemption certificate must report to the Department:
- The location of the facilities where the exempt computer equipment was placed in service during the preceding calendar year; and,
- The amount of tax relief provided pursuant to the exemption during the preceding calendar year.
The report is due by the following March 31st for each calendar year the high-technology company utilized the exemption certificate. The department will not renew exemption certificates for any company that has failed to comply with the new reporting requirements.
April 28, 2021
GA Offers Tax Credit for Teachers Who Teach at Qualifying Public Schools
Effective July 1, 2021 and applicable for tax years beginning on or after January 1, 2022, Georgia has established a teacher recruitment and retention program for teachers that teach at certain qualifying rural schools or low-performing schools in high-need subject areas. Participating teachers will be allowed a $3,000 tax credit for each school year, and can be granted such credit for up to five consecutive school years. The credit is not to exceed the taxpayer’s income tax liability, and is not allowed against prior years’ tax liability. Any unused credit may be carried forward to the next succeeding three years.
March 23, 2021
GA Update on Extension of Filing Deadline
The Georgia Department of Revenue (DOR) announced that in conformance with the U.S. Treasury Department and Internal Revenue Service, the state of Georgia is automatically extending the 2020 individual income tax filing and payment deadline from April 15, 2021 to May 17, 2021, without penalties or interest. State estimated income tax payments due on April 15, 2021, are not included in the extension and are still due on April 15th. Additionally, no extension is provided for the filing, payment, or deposit of any other type of state tax or for the filing of any state information returns. Individual taxpayers do not need to file forms or call DOR to qualify for this automatic tax filing and payment extension. Taxpayers are encouraged to file their returns any time before the May 17 deadline. ( https://dor.georgia.gov/press-releases/2021-03-19/georgia-individual-income-tax-deadline-extended .)
March 30, 2020
GA Issues Sales Tax Guidance for Marketplace Facilitators
On March 17, 2020, the Georgia Department of Revenue has issued guidance discussing the duty of marketplace facilitators to collect, remit, and report Georgia sales tax. Effective for sales made on or after April 1, 2020, a marketplace facilitator is defined as a “dealer” when the facilitator facilitates taxable retail sales to be delivered, held for pickup, used, consumed, distributed, stored for use or consumption, or rendered as a service within Georgia, if the total value of the sales price of all such retail sales, combined across all its marketplace sellers and the marketplace facilitator itself, equals or exceeds $100,000 in aggregate in the previous or current calendar year.
March 21, 2020