Georgia 2025-2026 Regular Session

Georgia House Bill HB21 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	25 LC 61 0042
2	2	House Bill 21
3	3	By: Representatives Scott of the 76
4	4	th
5	5	, Davis of the 87
6	6	th
7	7	, and Schofield of the 63
8	8	rd
9	9
10	10	A BILL TO BE ENTITLED
11	11	AN ACT
12	12	To amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated,
13	13	1
14	14	relating to imposition, rate, computation, exemption, and credits from income taxes, so as to2
15	15	provide for a tax credit for the construction, renovation, purchase, or lease of a property for3
16	16	taxpayers who place in service an eligible retailer that sells or offers for sale healthy foods4
17	17	in a less developed area; to provide for definitions; to provide for terms and conditions; to5
18	18	provide for rules and regulations; to provide a short title; to provide for related matters; to6
19	19	repeal conflicting laws; and for other purposes.7
20	20	BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:8
21	21	SECTION 1.9
22	22	This Act shall be known and may be cited as the "Healthy Food Access Tax Credit Act."10
23	23	SECTION 2.11
24	24	Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to12
25	25	imposition, rate, computation, exemption, and credits from income taxes, is amended by13
26	26	revising Code Section 48-7-40.33, which is reserved, as follows:14
27	27	"48-7-40.33.15
28	28	H. B. 21
29	29	- 1 - 25 LC 61 0042
30	30	(a) As used in this Code section, the term:16
31	31	(1) 'Convenience store' means a business that is engaged primarily in the retail sale or17
32	32	offering for sale of convenience goods, or convenience goods and gasoline, and has less18
33	33	than 10,000 square feet of retail floor space.19
34	34	(2) 'Corner store' means a retail establishment that sells or offers for sale food and other20
35	35	nonalcoholic items and has less than 5,000 square feet of selling area.21
36	36	(3) 'Eligible retailer' means a convenience store, corner store, farmers' market, grocery22
37	37	store, or small food retailer that sells or offers for sale healthy foods.23
38	38	(4) 'Farmers' market' has the same meaning as in Code Section 2-10-52.24
39	39	(5) 'Grocery store' means a retail establishment:25
40	40	(A) Whose primary business is selling or offering for sale grocery products;26
41	41	(B) That has at least 5,000 square feet of selling area that is used for a general line of27
42	42	food and nonfood grocery products; and28
43	43	(C) That meets the eligibility requirements for the federal Supplemental Nutrition29
44	44	Assistance Program.30
45	45	(6) 'Healthy foods' means fresh fruits and vegetables.31
46	46	(7) 'Less developed area' means any area designated as such by the commissioner of32
47	47	community affairs pursuant to Code Section 48-7-40.1.33
48	48	(8) 'Small food retailer' means a small business that sells or offers for sale unprepared34
49	49	food products and is not a grocery store.35
50	50	(b) For taxable years beginning on and after January 1, 2026, a tax credit is allowed36
51	51	against the tax imposed under this article to a taxpayer in the amount of 15 percent of the37
52	52	expenses incurred for the construction, renovation, purchase, or lease of a property for the38
53	53	purposes of placing in service an eligible retailer in a less developed area; provided,39
54	54	however, that such tax credit shall be further subject to the following conditions and40
55	55	limitations:41
56	56	H. B. 21
57	57	- 2 - 25 LC 61 0042
58	58	(1) The tax credit allowed by this Code section shall only be claimed for the taxable year42
59	59	in which the eligible retailer is placed in service;43
60	60	(2) In no event shall the amount of the tax credit allowed by this Code section for a44
61	61	taxable year exceed the taxpayer's liability for such taxes. Any unused credit amount45
62	62	shall be allowed to be carried forward for five years from the close of the taxable year in46
63	63	which the eligible retailer is placed in service. No such credit shall be allowed the47
64	64	taxpayer against prior years' tax liability; and48
65	65	(3) To claim a credit allowed by this Code section, the taxpayer shall provide any49
66	66	information required by the department. Every taxpayer claiming a credit under this50
67	67	Code section shall maintain and make available for inspection by the department any51
68	68	records that either entity considers necessary to determine and verify the amount of the52
69	69	credit to which the taxpayer is entitled. The burden of proving eligibility for a credit and53
70	70	the amount of the credit rests upon the taxpayer, and no credit shall be allowed to a54
71	71	taxpayer that fails to maintain adequate records or to make them available for inspection.55
72	72	(c) The commissioner shall promulgate any rules and regulations necessary to implement56
73	73	and administer this Code section. Reserved."57
74	74	SECTION 3.58
75	75	All laws and parts of laws in conflict with this Act are repealed.59
76	76	H. B. 21
77	77	- 3 -