25 LC 59 0029-EC/AP
House Bill 112 (AS PASSED HOUSE AND SENATE)
By: Representatives McDonald III of the 26
th
, Hong of the 103
rd
, Gambill of the 15
th
, Wade
of the 9
th
, Powell of the 33
rd
, and others
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to
1
income taxes, so as to provide for a one-time tax credit for individual taxpayers who filed2
income tax returns for the 2023 and 2024 taxable years; to provide for a definition; to provide3
for related matters; to provide for an effective date; to repeal conflicting laws; and for other4
purposes.5
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6
SECTION 1.7
Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes,8
is amended by adding a new Code section to read as follows:9
"48-7-20.3.
10
(a) As used in this Code section, the term 'qualified taxpayer' means an individual taxpayer11
who filed an individual income tax return for both the 2023 and 2024 taxable years by the12
due date for filing the income tax return for the 2024 taxable year, including any extensions13
which have been granted. Such term shall:14
(1) Not include any:15
(A) Nonresident alien individual;16
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(B) Individual who was claimed as a dependent by another taxpayer for federal or17
Georgia income tax purposes for the 2023 taxable year; or18
(C) Estate or trust; and19
(2) Include any individual taxpayer excluded solely due to subparagraph (B) of20
paragraph (1) of this subsection, provided that such individual had earned income for the21
2023 taxable year.22
(b)(1) Once a qualified taxpayer files an individual income tax return for the 202423
taxable year, the department shall automatically credit such qualified taxpayer with a24
one-time refund amount equal to the lesser of:25
(A) The qualified taxpayer's 2023 individual income tax liability as properly reported26
on Line 16 of the 2023 Georgia Form 500 or Line 4 of the 2023 Georgia Form 500EZ;27
or28
(B) An amount, which is based on such taxpayer's filing status for the 2023 taxable29
year, equal to:30
(i) In the case of a single taxpayer or a married taxpayer filing a separate return,31
$250.00;32
(ii) In the case of a head of household, $375.00; or33
(iii) In the case of a married couple filing a joint return, $500.00.34
(2) Notwithstanding the provisions of paragraph (1) of this subsection, in the case of any35
taxable nonresident or part-year resident whose tax was prorated as provided by Code36
Section 48-7-85, the amount of the refund credit determined pursuant to paragraph (1) of37
this subsection shall be prorated based on the ratio of income taxable to Georgia as38
properly reported on Schedule 3, Line 9 of the Georgia Form 500 for the 2023 taxable39
year.40
(3) In no event shall the department credit pursuant to this Code section any taxpayer41
with a refund greater than the taxpayer's individual income tax liability as properly42
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reported on Line 16 of the 2023 Georgia Form 500 or Line 4 of the 2023 Georgia Form43
500EZ.44
(c) The refunds and credits provided for in this Code section shall not constitute taxable45
income for Georgia individual income tax purposes.46
(d) Any refunds due under this Code section to a taxpayer shall be either electronically47
transmitted or sent by check to such taxpayer, based on the taxpayer's refund instructions,48
if any, as indicated on the taxpayer's income tax return for the 2024 taxable year, provided49
that such refund shall first be credited against any outstanding liability existing at the time50
the refund provided for in this Code section is to be issued.51
(e) In no event shall the amount of a refund or credit provided for in this Code section52
accrue interest for the benefit of the taxpayer or be paid or credited to the taxpayer with53
interest.54
(f) Any amount due to be refunded or credited to a taxpayer pursuant to this Code section55
shall be subject to the setoff debt collection provisions of Article 7 of this chapter.56
(g) The commissioner may promulgate any rules and regulations necessary to implement57
and administer this Code section."58
SECTION 2.59
This Act shall become effective upon its approval by the Governor or upon its becoming law60
without such approval.61
SECTION 3.62
All laws and parts of laws in conflict with this Act are repealed.63
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