25 LC 44 3034
House Bill 425
By: Representatives Burchett of the 176
th
, Hagan of the 156
th
, Camp of the 135
th
, Hatchett
of the 155
th
, O’Steen of the 169
th
, and others
A BILL TO BE ENTITLED
AN ACT
To amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated,
1
relating to imposition, rate, computation, exemptions, and credits, so as to provide for a tax2
credit for the purchase of an emergency power generator and related components to3
convenience stores and grocery stores; to provide for taxpayer certification of tax credits; to4
provide for sunsets of the tax credit and carry-forward period; to provide for applicability;5
to provide for pursuit of remedies; to provide for rules and regulations; to provide for6
definitions; to provide for legislative findings; to provide for related matters; to repeal7
conflicting laws; and for other purposes.8
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:9
SECTION 1.10
Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to11
imposition, rate, computation, exemptions, and credit, is amended by adding a new Code12
section to read as follows:13
"48-7-29.27.
14
(a)(1) The General Assembly finds and determines that Hurricane Helene has had a15
catastrophic impact on the citizens and the economy of Georgia.16
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(2) The General Assembly further finds and declares that it is appropriate and advisable17
to ensure the state is better prepared for future weather events by incentivizing the18
purchase and installation of generators in certain critical businesses such that the entire19
region will be able to recover faster.20
(b) For purposes of this Code section, the term:21
(1) 'Convenience store' means a retail establishment which offers for sale packaged or22
unprepared food and grocery items for consumption off the premises and may sell fuel23
products, household items, or tobacco products. Such term shall not include24
establishments that offer for sale more than 20 different cuts of refrigerated meats or25
more than 50 types of whole produce.26
(2) 'Emergency power generator and related components' means an alternate backup27
power source that provides electricity during utility power outages. Such term shall refer28
to any one or more of the following:29
(A) A generator itself, whether fixed or mobile;30
(B) Any transfer switch or switches; or31
(C) The lines, fuel tanks, or other mechanisms needed to provide power to a generator32
using diesel, natural gas, propane, or any other fuel source.33
(3) 'Grocery store' means a retail establishment which offers for sale packaged or34
unprepared food and grocery items for consumption off the premises and may sell fuel35
products, household items, or tobacco products. Such term shall include establishments36
that offer for sale more than 20 different cuts of refrigerated meats or more than 50 types37
of whole produce.38
(c) A taxpayer shall be allowed tax credits for expenditures made for the purchase,39
installation, readying, or retrofitting of an emergency power generator and related40
components against the tax imposed by Code Section 48-7-20 as follows:41
(1) For a convenience store, in an amount equal to $100,000.00 per corporate entity;42
provided, however, that the amount of the tax credit shall not exceed the amount the43
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entity paid to purchase, install, and ready an emergency power generator and related44
components. If a corporate entity owns more than one convenience store, the amount of45
the tax credit shall be increased by $10,000.00 per store location up to a maximum of46
$250,000.00 per corporate entity; and47
(2) For a grocery store, in an amount equal to $700,000.00 per corporate entity;48
provided, however, that the amount of the tax credit shall not exceed the amount the49
entity paid to purchase, install, and ready an emergency power generator and related50
components. If a corporate entity owns more than one grocery store, the amount of the51
tax credit shall be increased by $25,000.00 per store location up to a maximum of52
$1.5 million per corporate entity.53
(d) In order to claim the tax credits provided for in this Code section, a taxpayer shall54
attach to such taxpayer's state tax return certification from the taxpayer that the55
requirements of this Code section have been met and any other information required by the56
commissioner.57
(e)(1) Any tax credits allowed pursuant to this Code section shall be claimed on or before58
December 31, 2026.59
(2)(A) The total amount of the tax credits allowed pursuant to this Code section for a60
taxable year may exceed the taxpayer's income tax liability.61
(B) Tax credits claimed pursuant to this Code section may be carried forward for ten62
years from the close of the taxable year in which the credits are claimed, provided that63
no such tax credit may be claimed after December 31, 2035.64
(f)(1) A taxpayer claiming, transferring, or selling tax credits allowed pursuant to this65
Code section shall be required to reimburse the department for any department initiated66
audits relating to the tax credits, provided that such amount shall not exceed the value of67
the credits claimed by the taxpayer. This paragraph shall not apply to routine tax audits68
of such taxpayer that may include the review of the tax credits provided in this Code69
section.70
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(2) The commissioner may pursue all remedies available by law as necessary to71
recapture tax credits wrongfully allowed, or claimed by a taxpayer or a taxpayer's72
transferee.73
(g) The commissioner shall be authorized to promulgate any rules and regulations74
necessary to implement and administer this Code section."75
SECTION 2.76
All laws and parts of laws in conflict with this Act are repealed.77
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