1 | 1 | | 25 LC 62 0093 |
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2 | 2 | | House Bill 519 |
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3 | 3 | | By: Representatives Stephens of the 164 |
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4 | 4 | | th |
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5 | 5 | | , Mathis of the 133 |
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6 | 6 | | rd |
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7 | 7 | | , Reeves of the 99 |
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8 | 8 | | th |
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9 | 9 | | , and |
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10 | 10 | | Williams of the 148 |
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11 | 11 | | th |
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12 | 12 | | |
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13 | 13 | | A BILL TO BE ENTITLED |
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14 | 14 | | AN ACT |
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15 | 15 | | To amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, |
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16 | 16 | | 1 |
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17 | 17 | | relating to imposition, rate, computation, exemption, and credits, so as to provide that the2 |
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18 | 18 | | amount of the federal work opportunity credit claimed by a taxpayer shall also be allowed3 |
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19 | 19 | | as a tax credit against state income taxes; to provide for conditions, eligibility, limitations,4 |
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20 | 20 | | and recaptures; to provide for definitions; to provide for rules and regulations; to provide for5 |
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21 | 21 | | automatic repeal; to provide for related matters; to provide for an effective date and6 |
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22 | 22 | | applicability; to repeal conflicting laws; and for other purposes.7 |
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23 | 23 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:8 |
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24 | 24 | | SECTION 1.9 |
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25 | 25 | | Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to10 |
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26 | 26 | | imposition, rate, computation, exemption, and credits, is amended by adding a new Code11 |
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27 | 27 | | section to read as follows:12 |
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28 | 28 | | "48-7-29.27. |
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29 | 29 | | 13 |
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30 | 30 | | (a) As used in this Code section, the term:14 |
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31 | 31 | | (1) 'Federal work opportunity tax credit' means the work opportunity credit allowed15 |
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32 | 32 | | under Section 51 of the Internal Revenue Code.16 |
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33 | 33 | | H. B. 519 |
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34 | 34 | | - 1 - 25 LC 62 0093 |
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35 | 35 | | (2) 'Qualified wages' shall have the same meaning as provided in Section 51 of the17 |
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36 | 36 | | Internal Revenue Code.18 |
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37 | 37 | | (3) 'Targeted group' shall have the same meaning as provided in the Internal Revenue19 |
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38 | 38 | | Code.20 |
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39 | 39 | | (b)(1) A taxpayer subject to tax under this article shall be allowed a credit against such21 |
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40 | 40 | | tax in an amount equal to 100 percent of the tax credit allowed to such taxpayer under22 |
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41 | 41 | | Section 51 of the Internal Revenue Code attributable to qualified wages paid to a Georgia23 |
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42 | 42 | | resident who is a member of a targeted group and to whom a certificate to that effect has24 |
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43 | 43 | | been issued by the United States Department of Labor.25 |
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44 | 44 | | (2) Such credit shall not exceed $500.00 per eligible employee per year in any given tax26 |
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45 | 45 | | year.27 |
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46 | 46 | | (c) To claim a tax credit allowed by this Code section, the taxpayer shall provide any28 |
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47 | 47 | | information required by the department. Each taxpayer claiming a tax credit under this29 |
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48 | 48 | | Code section shall maintain and make available for inspection by the department any30 |
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49 | 49 | | records that the department deems necessary to determine the amount of the tax credit to31 |
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50 | 50 | | which the taxpayer is entitled. The burden of proving eligibility for a tax credit allowed32 |
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51 | 51 | | by this Code section and the amount of such tax credit rests upon the taxpayer, and no such33 |
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52 | 52 | | credit shall be allowed to a taxpayer that fails to maintain adequate records or to make such34 |
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53 | 53 | | records available for inspection.35 |
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54 | 54 | | (d)(1) If, after the inspection of records as provided for in subsection (c) of this Code36 |
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55 | 55 | | section, the department determines that all or a portion of any federal work opportunity37 |
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56 | 56 | | tax credit taken should be recaptured from a taxpayer, the department shall recapture a38 |
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57 | 57 | | proportionate amount of the corresponding tax credit allowed to such taxpayer under this39 |
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58 | 58 | | Code section.40 |
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59 | 59 | | (2) In the event that the recapture of any tax credit allowed under this Code section is41 |
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60 | 60 | | required, any amended return submitted to the department as provided in subsection (c)42 |
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61 | 61 | | of this Code section shall include the proportion of the state tax credit required to be43 |
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62 | 62 | | H. B. 519 |
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63 | 63 | | - 2 - 25 LC 62 0093 |
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64 | 64 | | recaptured, the identity of each taxpayer subject to the recapture, and the amount of tax44 |
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65 | 65 | | credit previously allocated to such taxpayer.45 |
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66 | 66 | | (e) In no event shall the:46 |
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67 | 67 | | (1) Amount of the tax credit allowed under this Code section for a taxable year exceed47 |
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68 | 68 | | a taxpayer's income tax liability for such year;48 |
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69 | 69 | | (2) Tax credit provided for in this Code section be allowed to a taxpayer against any49 |
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70 | 70 | | succeeding or prior year's tax liability; or50 |
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71 | 71 | | (3) Aggregate limit of tax credits allowed under this Code section for any year exceed51 |
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72 | 72 | | $10 million.52 |
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73 | 73 | | (f) The commissioner is authorized to promulgate any rules and regulations necessary to53 |
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74 | 74 | | implement and administer this Code section.54 |
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75 | 75 | | (g) This Code section shall stand repealed on December 31, 2030."55 |
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76 | 76 | | SECTION 2.56 |
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77 | 77 | | This Act shall become effective on January 1, 2026, and shall be applicable to all taxable57 |
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78 | 78 | | years beginning on or after January 1, 2026.58 |
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79 | 79 | | SECTION 3.59 |
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80 | 80 | | All laws and parts of laws in conflict with this Act are repealed.60 |
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81 | 81 | | H. B. 519 |
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82 | 82 | | - 3 - |
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