3 | 3 | | By: Representatives McDonald III of the 26 |
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4 | 4 | | th |
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5 | 5 | | , Hong of the 103 |
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6 | 6 | | rd |
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7 | 7 | | , Gambill of the 15 |
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8 | 8 | | th |
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9 | 9 | | , Wade |
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10 | 10 | | of the 9 |
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11 | 11 | | th |
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12 | 12 | | , Powell of the 33 |
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13 | 13 | | rd |
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14 | 14 | | , and others |
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15 | 15 | | A BILL TO BE ENTITLED |
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16 | 16 | | AN ACT |
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17 | 17 | | To amend Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to |
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18 | 18 | | 1 |
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19 | 19 | | income taxes, so as to provide for a one-time tax credit for individual taxpayers who filed2 |
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20 | 20 | | income tax returns for the 2023 and 2024 taxable years; to provide for a definition; to provide3 |
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21 | 21 | | for related matters; to provide for an effective date; to repeal conflicting laws; and for other4 |
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22 | 22 | | purposes.5 |
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23 | 23 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6 |
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24 | 24 | | SECTION 1.7 |
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25 | 25 | | Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes,8 |
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26 | 26 | | is amended by adding a new Code section to read as follows:9 |
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27 | 27 | | "48-7-20.3. |
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28 | 28 | | 10 |
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29 | 29 | | (a) As used in this Code section, the term 'qualified taxpayer' means an individual taxpayer11 |
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30 | 30 | | who filed an individual income tax return for both the 2023 and 2024 taxable years by the12 |
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31 | 31 | | due date for filing the income tax return for the 2024 taxable year, including any extensions13 |
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32 | 32 | | which have been granted. Such term shall:14 |
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33 | 33 | | (1) Not include any:15 |
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34 | 34 | | (A) Nonresident alien individual;16 |
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35 | 35 | | H. B. 112 |
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37 | 37 | | (B) Individual who was claimed as a dependent by another taxpayer for federal or17 |
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38 | 38 | | Georgia income tax purposes for the 2023 taxable year; or18 |
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39 | 39 | | (C) Estate or trust; and19 |
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40 | 40 | | (2) Include any individual taxpayer excluded solely due to subparagraph (B) of20 |
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41 | 41 | | paragraph (1) of this subsection, provided that such individual had earned income for the21 |
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42 | 42 | | 2023 taxable year.22 |
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43 | 43 | | (b)(1) Once a qualified taxpayer files an individual income tax return for the 202423 |
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44 | 44 | | taxable year, the department shall automatically credit such qualified taxpayer with a24 |
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45 | 45 | | one-time refund amount equal to the lesser of:25 |
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46 | 46 | | (A) The qualified taxpayer's 2023 individual income tax liability as properly reported26 |
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47 | 47 | | on Line 16 of the 2023 Georgia Form 500 or Line 4 of the 2023 Georgia Form 500EZ;27 |
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48 | 48 | | or28 |
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49 | 49 | | (B) An amount, which is based on such taxpayer's filing status for the 2023 taxable29 |
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50 | 50 | | year, equal to:30 |
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51 | 51 | | (i) In the case of a single taxpayer or a married taxpayer filing a separate return,31 |
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52 | 52 | | $250.00;32 |
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53 | 53 | | (ii) In the case of a head of household, $375.00; or33 |
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54 | 54 | | (iii) In the case of a married couple filing a joint return, $500.00.34 |
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55 | 55 | | (2) Notwithstanding the provisions of paragraph (1) of this subsection, in the case of any35 |
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56 | 56 | | taxable nonresident or part-year resident whose tax was prorated as provided by Code36 |
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57 | 57 | | Section 48-7-85, the amount of the refund credit determined pursuant to paragraph (1) of37 |
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58 | 58 | | this subsection shall be prorated based on the ratio of income taxable to Georgia as38 |
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59 | 59 | | properly reported on Schedule 3, Line 9 of the Georgia Form 500 for the 2023 taxable39 |
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60 | 60 | | year.40 |
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61 | 61 | | (3) In no event shall the department credit pursuant to this Code section any taxpayer41 |
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62 | 62 | | with a refund greater than the taxpayer's individual income tax liability as properly42 |
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63 | 63 | | H. B. 112 |
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65 | 65 | | reported on Line 16 of the 2023 Georgia Form 500 or Line 4 of the 2023 Georgia Form43 |
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66 | 66 | | 500EZ.44 |
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67 | 67 | | (c) The refunds and credits provided for in this Code section shall not constitute taxable45 |
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68 | 68 | | income for Georgia individual income tax purposes.46 |
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69 | 69 | | (d) Any refunds due under this Code section to a taxpayer shall be either electronically47 |
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70 | 70 | | transmitted or sent by check to such taxpayer, based on the taxpayer's refund instructions,48 |
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71 | 71 | | if any, as indicated on the taxpayer's income tax return for the 2024 taxable year, provided49 |
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72 | 72 | | that such refund shall first be credited against any outstanding liability existing at the time50 |
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73 | 73 | | the refund provided for in this Code section is to be issued.51 |
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74 | 74 | | (e) In no event shall the amount of a refund or credit provided for in this Code section52 |
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75 | 75 | | accrue interest for the benefit of the taxpayer or be paid or credited to the taxpayer with53 |
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76 | 76 | | interest.54 |
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77 | 77 | | (f) Any amount due to be refunded or credited to a taxpayer pursuant to this Code section55 |
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78 | 78 | | shall be subject to the setoff debt collection provisions of Article 7 of this chapter.56 |
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79 | 79 | | (g) The commissioner may promulgate any rules and regulations necessary to implement57 |
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80 | 80 | | and administer this Code section."58 |
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81 | 81 | | SECTION 2.59 |
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82 | 82 | | This Act shall become effective upon its approval by the Governor or upon its becoming law60 |
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83 | 83 | | without such approval.61 |
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84 | 84 | | SECTION 3.62 |
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85 | 85 | | All laws and parts of laws in conflict with this Act are repealed.63 |
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86 | 86 | | H. B. 112 |
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87 | 87 | | - 3 - |
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