6 | | - | To amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and1 |
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7 | | - | taxation, so as to provide for a tax credit for certain eligible expenses incurred for firearm2 |
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8 | | - | safe handling instructional courses; to provide for an aggregate annual cap; to provide for3 |
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9 | | - | definitions; to provide for terms and conditions; to provide for credit preapproval by the4 |
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10 | | - | department; to prohibit the creation of certain lists or databases; to provide for rules and5 |
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11 | | - | regulations; to exempt sales of firearms, ammunition, gun safes, and related accessories from6 |
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12 | | - | sales and use taxes during a four-day period each year; to provide for automatic repeals; to7 |
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13 | | - | provide for related matters; to provide for a short title; to provide for effective dates and8 |
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14 | | - | applicability; to repeal conflicting laws; and for other purposes.9 |
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15 | | - | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:10 |
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16 | | - | PART I11 |
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17 | | - | SECTION 1-1.12 |
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18 | | - | This part shall be known and may be cited as the "Firearm Safe Handling Tax Credit Act."13 |
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19 | | - | - 1 - 25 LC 50 1264S |
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20 | | - | SECTION 1-2.14 |
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21 | | - | Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is15 |
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22 | | - | amended by adding a new Code section to read as follows:16 |
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23 | | - | "48-7-29.11A.17 |
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24 | | - | (a) As used in this Code section, the term:18 |
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25 | | - | (1) 'Eligible expenses' means expenses incurred by an individual taxpayer during the19 |
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26 | | - | taxable year for the cost of a firearm safe handling instructional course.20 |
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27 | | - | (2) 'Firearm' means any handgun, shotgun, rifle, or other weapon that will be converted21 |
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28 | | - | or is designed to or may readily be converted to expel single or multiple projectiles by22 |
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29 | | - | action of an explosion of a combustible material.23 |
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30 | | - | (3) 'Firearm safe handling instructional course' means an in-person training of at least24 |
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31 | | - | two hours in duration that includes, but is not limited to, instruction on safe handling, use,25 |
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32 | | - | and storage of firearms.26 |
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33 | | - | (b)(1) Under the terms and conditions of this Code section, an individual taxpayer shall27 |
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34 | | - | be allowed a credit against the tax imposed by Code Section 48-7-20 in the amount of28 |
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35 | | - | such taxpayer's eligible expenses or $300.00, whichever is less.29 |
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36 | | - | (2) In no event shall the aggregate limit of tax credits allowed under this Code section30 |
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37 | | - | for any year exceed $10 million.31 |
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38 | | - | (c)(1) The department shall develop a procedure to be followed in the preapproval of any32 |
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39 | | - | tax credit allowed pursuant to this Code section.33 |
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40 | | - | (2) An individual taxpayer seeking a tax credit pursuant to this Code section shall apply34 |
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41 | | - | to the department for preapproval of such tax credit. Such taxpayer shall specify the35 |
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42 | | - | taxable year for which he or she is seeking a tax credit.36 |
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43 | | - | (3) Individual taxpayers that properly apply for preapproval of such tax credit following37 |
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44 | | - | the procedure developed by the department shall be approved on a first-come, first served38 |
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45 | | - | basis until the aggregate limit for such tax credits is reached for that year.39 |
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46 | | - | - 2 - 25 LC 50 1264S |
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47 | | - | (4) The department shall preapprove tax credits for each preapproval application within40 |
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48 | | - | 30 days and in the received order of submitted applications. Such preapproved tax credits41 |
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49 | | - | shall be in the amount of $300.00 for each preapproval application.42 |
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50 | | - | (5) In the event that an individual taxpayer applies for preapproval and the amount of tax43 |
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51 | | - | credits available for the taxable year are not sufficient to fully fund the tax credits44 |
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52 | | - | requested, the department shall deny such taxpayer's request and shall not accept any45 |
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53 | | - | additional preapproval applications from taxpayers for the taxable year.46 |
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54 | | - | (d) For a tax credit allowed pursuant to this Code section, an individual taxpayer shall47 |
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55 | | - | maintain receipts for purchases or costs relative to the eligible expenses for three years48 |
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56 | | - | following the submission of the taxpayer's tax return claiming such tax credit. Such receipts49 |
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57 | | - | shall be made available upon request for review by the commissioner.50 |
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58 | | - | (e) In no event shall the total amount of any tax credit under this Code section for a taxable51 |
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59 | | - | year exceed the taxpayer's income tax liability. No unused tax credit shall be allowed to52 |
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60 | | - | be carried forward to apply to the taxpayer's succeeding years' tax liability. No such tax53 |
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61 | | - | credit shall be allowed the taxpayer against prior years' tax liability.54 |
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62 | | - | (f) No person shall create any list of names regarding persons who have applied for or55 |
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63 | | - | have been allowed a tax credit pursuant to this Code section except for purposes necessary56 |
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64 | | - | to the administration of such credit.57 |
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65 | | - | (g) The commissioner shall promulgate such rules and regulations as may be necessary for58 |
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66 | | - | the implementation and administration of the provisions of this Code section.59 |
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67 | | - | (h) This Code section shall stand repealed and reserved on December 31, 2031."60 |
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68 | | - | PART II61 |
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69 | | - | SECTION 2-1.62 |
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70 | | - | Said title is further amended in Code Section 48-8-3, relating to exemptions from sales and63 |
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71 | | - | use taxes, by revising paragraph (85) as follows:64 |
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72 | | - | - 3 - 25 LC 50 1264S |
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73 | | - | "(85)(A) For four days beginning on the second Friday of October each year, sales of65 |
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74 | | - | firearms, ammunition, gun safes, and related accessories, including, but not limited to,66 |
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75 | | - | stocks, barrels, scopes, and magazines.67 |
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76 | | - | (B) This paragraph shall stand repealed and reserved on July 1, 2030 Reserved;"68 |
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77 | | - | PART III69 |
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78 | | - | SECTION 3-1.70 |
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79 | | - | (a) Except as provided in subsection (b) of this section, this Act shall become effective on71 |
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80 | | - | July 1, 2025, and shall be applicable on and after such date. 72 |
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81 | | - | (b) Part I of this Act shall become effective on January 1, 2026, and shall be applicable to73 |
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82 | | - | taxable years beginning on or after such date.74 |
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83 | | - | SECTION 3-2.75 |
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84 | | - | All laws and parts of laws in conflict with this Act are repealed.76 |
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| 17 | + | To amend Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to |
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| 18 | + | 1 |
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| 19 | + | income taxes, so as to provide for a tax credit for certain eligible expenses incurred for2 |
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| 20 | + | firearm safe handling instructional courses and firearm secure storage devices; to provide for3 |
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| 21 | + | an aggregate annual cap; to provide for definitions; to provide for terms and conditions; to4 |
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| 22 | + | provide for credit preapproval by the department; to prohibit the creation of certain lists or5 |
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| 23 | + | databases; to provide for rules and regulations; to provide for a short title; to provide for6 |
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| 24 | + | automatic repeal; to provide for an effective date and applicability; to provide for related7 |
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| 25 | + | matters; to repeal conflicting laws; and for other purposes.8 |
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| 26 | + | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:9 |
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| 27 | + | SECTION 1.10 |
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| 28 | + | This Act shall be known and may be cited as the "Firearm Safe Handling and Secure Storage11 |
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| 29 | + | Tax Credit Act."12 |
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| 30 | + | SECTION 2.13 |
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| 31 | + | Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes,14 |
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| 32 | + | is amended by adding a new Code section to read as follows:15 |
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| 33 | + | H. B. 79 (SUB) |
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| 34 | + | - 1 - 25 LC 50 1085S |
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| 35 | + | "48-7-29.11A.16 |
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| 36 | + | (a) As used in this Code section, the term:17 |
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| 37 | + | (1) 'Eligible expenses' means expenses incurred by an individual taxpayer during the18 |
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| 38 | + | taxable year for the:19 |
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| 39 | + | (A) Purchase of one or more firearm secure storage devices for his or her personal use20 |
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| 40 | + | or donation; and21 |
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| 41 | + | (B) Cost of a firearm safe handling instructional course.22 |
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| 42 | + | (2) 'Firearm' means any handgun, shotgun, rifle, or other weapon that will be converted23 |
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| 43 | + | or is designed to or may readily be converted to expel single or multiple projectiles by24 |
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| 44 | + | action of an explosion of a combustible material.25 |
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| 45 | + | (3) 'Firearm safe handling instructional course' means an in-person training of at least26 |
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| 46 | + | two hours in duration that includes, but is not limited to, instruction on safe handling, use,27 |
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| 47 | + | and storage of firearms.28 |
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| 48 | + | (4) 'Firearm secure storage device' means any device originally manufactured to securely29 |
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| 49 | + | store or disable a firearm and which may only be unlocked by means of a key, a30 |
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| 50 | + | combination, a fingerprint or other biometric identifier, or other similar means. Such31 |
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| 51 | + | term shall include, but shall not be limited to, gun safes, trigger locks, chamber locks, and32 |
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| 52 | + | cable locks.33 |
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| 53 | + | (b)(1) Under the terms and conditions of this Code section, an individual taxpayer shall34 |
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| 54 | + | be allowed a credit against the tax imposed by Code Section 48-7-20 in the amount of35 |
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| 55 | + | such taxpayer's eligible expenses or $300.00, whichever is less.36 |
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| 56 | + | (2) In no event shall the aggregate limit of tax credits allowed under this Code section37 |
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| 57 | + | for any year exceed $10 million.38 |
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| 58 | + | (c)(1) The department shall develop a procedure to be followed in the preapproval of any39 |
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| 59 | + | tax credit allowed pursuant to this Code section.40 |
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| 60 | + | H. B. 79 (SUB) |
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| 61 | + | - 2 - 25 LC 50 1085S |
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| 62 | + | (2) An individual taxpayer seeking a tax credit pursuant to this Code section shall apply41 |
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| 63 | + | to the department for preapproval of such tax credit. Such taxpayer shall specify the42 |
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| 64 | + | taxable year for which he or she is seeking a tax credit.43 |
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| 65 | + | (3) Individual taxpayers that properly apply for preapproval of such tax credit following44 |
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| 66 | + | the procedure developed by the department shall be approved on a first-come, first served45 |
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| 67 | + | basis until the aggregate limit for such tax credits is reached for that year.46 |
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| 68 | + | (4) The department shall preapprove tax credits for each preapproval application within47 |
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| 69 | + | 30 days and in the received order of submitted applications. Such preapproved tax credits48 |
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| 70 | + | shall be in the amount of $300.00 for each preapproval application.49 |
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| 71 | + | (5) In the event that an individual taxpayer applies for preapproval and the amount of tax50 |
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| 72 | + | credits available for the taxable year are not sufficient to fully fund the tax credits51 |
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| 73 | + | requested, the department shall deny such taxpayer's request and shall not accept any52 |
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| 74 | + | additional preapproval applications from taxpayers for the taxable year.53 |
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| 75 | + | (6) No individual taxpayer shall be preapproved for a tax credit pursuant to this Code54 |
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| 76 | + | section more than once in the lifetime of the taxpayer; provided, however, that nothing55 |
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| 77 | + | in this Code section shall be construed to prevent an individual taxpayer from applying56 |
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| 78 | + | for preapproval more than once.57 |
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| 79 | + | (d)(1) For a tax credit allowed pursuant to this Code section, an individual taxpayer shall58 |
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| 80 | + | maintain receipts for purchases or costs relative to the eligible expenses for three years59 |
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| 81 | + | following the submission of the taxpayer's tax return claiming such tax credit. Such60 |
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| 82 | + | receipts shall be made available upon request for review by the commissioner.61 |
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| 83 | + | (2) No individual taxpayer shall be allowed credits pursuant to this Code section which62 |
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| 84 | + | exceed a total of $300.00 in the lifetime of the taxpayer.63 |
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| 85 | + | (e) In no event shall the total amount of any tax credit under this Code section for a taxable64 |
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| 86 | + | year exceed the taxpayer's income tax liability. No unused tax credit shall be allowed to65 |
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| 87 | + | be carried forward to apply to the taxpayer's succeeding years' tax liability. No such tax66 |
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| 88 | + | credit shall be allowed the taxpayer against prior years' tax liability.67 |
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| 89 | + | H. B. 79 (SUB) |
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| 90 | + | - 3 - 25 LC 50 1085S |
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| 91 | + | (f) No person shall create any list of names regarding persons who have applied for or68 |
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| 92 | + | have been allowed a tax credit pursuant to this Code section except for purposes necessary69 |
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| 93 | + | to the administration of such credit.70 |
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| 94 | + | (g) The commissioner shall promulgate such rules and regulations as may be necessary for71 |
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| 95 | + | the implementation and administration of the provisions of this Code section.72 |
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| 96 | + | (h) This Code section shall stand repealed and reserved on December 31, 2031."73 |
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| 97 | + | SECTION 3.74 |
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| 98 | + | This Act shall become effective on January 1, 2026, and shall be applicable to taxable years75 |
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| 99 | + | beginning on or after January 1, 2026.76 |
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| 100 | + | SECTION 4.77 |
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| 101 | + | All laws and parts of laws in conflict with this Act are repealed.78 |
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| 102 | + | H. B. 79 (SUB) |
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