Georgia 2025-2026 Regular Session

Georgia House Bill HB248 Compare Versions

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11 25 LC 50 1178S
2-House Bill 248 (COMMITTEE SUBSTITUTE)
3-By: Representatives Jasperse of the 11
4-th
5-, Kelley of the 16
6-th
7-, Powell of the 33
8-rd
9-, Williams of
10-the 148
11-th
12-, and Camp of the 135
13-th
14-
2+The House Committee on Ways and Means offers the following substitute to HB 248:
153 A BILL TO BE ENTITLED
164 AN ACT
17-To amend Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to
18-1
5+To amend Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to1
196 income taxes, so as to provide for a tax credit for certain expenses incurred by taxpayers for2
207 certain geothermal machinery installations at residential dwellings; to provide for definitions;3
218 to provide for terms, conditions, and procedures; to provide for a sunset date; to provide for4
229 related matters; to provide for an effective date and applicability; to repeal conflicting laws;5
2310 and for other purposes.6
2411 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7
2512 SECTION 1.8
2613 Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes,9
2714 is amended by adding a new Code section to read as follows:10
28-"48-7-29.27.
29-11
15+"48-7-29.27.11
3016 (a) As used in this Code section, the term:12
3117 (1) 'Eligible geothermal installation expenses' means expenses incurred by a taxpayer for13
3218 a geothermal machinery installation for a residential dwelling that is owned by the14
3319 taxpayer.15
3420 H. B. 248 (SUB)
3521 - 1 - 25 LC 50 1178S
3622 (2) 'Geothermal machinery and equipment' means all controls, tanks, pumps, heat16
3723 exchangers, and other equipment used directly and exclusively for a geothermal17
3824 machinery installation. Such term excludes any land or structural elements of any18
3925 building or any equipment ordinarily contained within a dwelling regardless of a19
4026 geothermal machinery installation.20
4127 (3) 'Geothermal machinery installation' means the installation of any:21
4228 (A) Heat pump that uses the ground or ground water as a thermal energy source to heat22
4329 a structure or as a thermal energy sink to cool a structure, together with necessary23
4430 geothermal and machinery equipment, which is placed in service on or after24
4531 January 1, 2026, and meets or exceeds applicable federal Energy Star requirements on25
4632 the date that it is placed in service; or26
4733 (B) System that uses the internal heat of the earth as a substitute for traditional energy27
4834 sources for water heating or active space heating or cooling, together with necessary28
4935 geothermal machinery and equipment, which is placed in service on or after29
5036 January 1, 2026, and meets or exceeds applicable federal Energy Star requirements on30
5137 the date that it is placed in service.31
5238 (b) For taxable years beginning on or after January 1, 2026, a taxpayer shall be allowed32
5339 an income tax credit against the tax imposed by Code Section 48-7-20 that is equal to 2533
5440 percent of the eligible geothermal installation expenses incurred by the taxpayer for a34
5541 dwelling; provided, however, that such tax credit shall only be applied over a period of five35
5642 taxable years and shall not exceed $5,000.00 for any taxable year and no amount shall be36
5743 allowed or carried forward after such years. A taxpayer shall only be eligible for the tax37
5844 credit allowed under this Code section once per dwelling.38
5945 (c)(1) In no event shall the aggregate limit of tax credits allowed under this Code section39
6046 for any year exceed $2.5 million. In no event shall the total amount of any tax credit40
6147 allowed under this Code section for a taxable year exceed the taxpayer's income tax41
6248 liability. No such tax credit shall be allowed the taxpayer against prior years' tax liability.42
6349 H. B. 248 (SUB)
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6551 (2) Except as provided in subsection (b) of this Code section, no amount of the tax credit43
6652 shall be allowed to be carried forward to apply to the taxpayer's succeeding years' tax44
6753 liability.45
6854 (d) A taxpayer seeking to claim a tax credit pursuant to this Code section shall submit an46
6955 application to the department for preapproval of such tax credit in the manner specified by47
7056 the department. The department shall preapprove such application within 30 days based48
7157 on the order in which properly completed applications were submitted. In the event that49
7258 two or more applications were submitted on the same day and the amount of funds50
7359 available will not be sufficient to fully fund the tax credits requested, the commissioner51
7460 shall prorate the available funds between or among the applicants.52
7561 (e) This Code section shall stand repealed and reserved by operation of law on53
7662 December 31, 2031."54
7763 SECTION 2.55
7864 This Act shall become effective on July 1, 2025, and shall be applicable to taxable years56
7965 beginning on or after January 1, 2026.57
8066 SECTION 3.58
8167 All laws and parts of laws in conflict with this Act are repealed.59
8268 H. B. 248 (SUB)
8369 - 3 -