Georgia 2025-2026 Regular Session

Georgia House Bill HB79 Compare Versions

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1-25 LC 50 1264S
2-The Senate Committee on Finance offered the following
3-substitute to HB 79:
1+25 LC 50 1085S
2+House Bill 79 (COMMITTEE SUBSTITUTE)
3+By: Representatives Newton of the 127
4+th
5+, Cooper of the 45
6+th
7+, Reeves of the 99
8+th
9+, Hilton of the
10+48
11+th
12+, Silcox of the 53
13+rd
14+, and others
415 A BILL TO BE ENTITLED
516 AN ACT
6-To amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and1
7-taxation, so as to provide for a tax credit for certain eligible expenses incurred for firearm2
8-safe handling instructional courses; to provide for an aggregate annual cap; to provide for3
9-definitions; to provide for terms and conditions; to provide for credit preapproval by the4
10-department; to prohibit the creation of certain lists or databases; to provide for rules and5
11-regulations; to exempt sales of firearms, ammunition, gun safes, and related accessories from6
12-sales and use taxes during a four-day period each year; to provide for automatic repeals; to7
13-provide for related matters; to provide for a short title; to provide for effective dates and8
14-applicability; to repeal conflicting laws; and for other purposes.9
15-BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:10
16-PART I11
17-SECTION 1-1.12
18-This part shall be known and may be cited as the "Firearm Safe Handling Tax Credit Act."13
19-- 1 - 25 LC 50 1264S
20-SECTION 1-2.14
21-Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is15
22-amended by adding a new Code section to read as follows:16
23-"48-7-29.11A.17
24-(a) As used in this Code section, the term:18
25-(1) 'Eligible expenses' means expenses incurred by an individual taxpayer during the19
26-taxable year for the cost of a firearm safe handling instructional course.20
27-(2) 'Firearm' means any handgun, shotgun, rifle, or other weapon that will be converted21
28-or is designed to or may readily be converted to expel single or multiple projectiles by22
29-action of an explosion of a combustible material.23
30-(3) 'Firearm safe handling instructional course' means an in-person training of at least24
31-two hours in duration that includes, but is not limited to, instruction on safe handling, use,25
32-and storage of firearms.26
33-(b)(1) Under the terms and conditions of this Code section, an individual taxpayer shall27
34-be allowed a credit against the tax imposed by Code Section 48-7-20 in the amount of28
35-such taxpayer's eligible expenses or $300.00, whichever is less.29
36-(2) In no event shall the aggregate limit of tax credits allowed under this Code section30
37-for any year exceed $10 million.31
38-(c)(1) The department shall develop a procedure to be followed in the preapproval of any32
39-tax credit allowed pursuant to this Code section.33
40-(2) An individual taxpayer seeking a tax credit pursuant to this Code section shall apply34
41-to the department for preapproval of such tax credit. Such taxpayer shall specify the35
42-taxable year for which he or she is seeking a tax credit.36
43-(3) Individual taxpayers that properly apply for preapproval of such tax credit following37
44-the procedure developed by the department shall be approved on a first-come, first served38
45-basis until the aggregate limit for such tax credits is reached for that year.39
46-- 2 - 25 LC 50 1264S
47-(4) The department shall preapprove tax credits for each preapproval application within40
48-30 days and in the received order of submitted applications. Such preapproved tax credits41
49-shall be in the amount of $300.00 for each preapproval application.42
50-(5) In the event that an individual taxpayer applies for preapproval and the amount of tax43
51-credits available for the taxable year are not sufficient to fully fund the tax credits44
52-requested, the department shall deny such taxpayer's request and shall not accept any45
53-additional preapproval applications from taxpayers for the taxable year.46
54-(d) For a tax credit allowed pursuant to this Code section, an individual taxpayer shall47
55-maintain receipts for purchases or costs relative to the eligible expenses for three years48
56-following the submission of the taxpayer's tax return claiming such tax credit. Such receipts49
57-shall be made available upon request for review by the commissioner.50
58-(e) In no event shall the total amount of any tax credit under this Code section for a taxable51
59-year exceed the taxpayer's income tax liability. No unused tax credit shall be allowed to52
60-be carried forward to apply to the taxpayer's succeeding years' tax liability. No such tax53
61-credit shall be allowed the taxpayer against prior years' tax liability.54
62-(f) No person shall create any list of names regarding persons who have applied for or55
63-have been allowed a tax credit pursuant to this Code section except for purposes necessary56
64-to the administration of such credit.57
65-(g) The commissioner shall promulgate such rules and regulations as may be necessary for58
66-the implementation and administration of the provisions of this Code section.59
67-(h) This Code section shall stand repealed and reserved on December 31, 2031."60
68-PART II61
69-SECTION 2-1.62
70-Said title is further amended in Code Section 48-8-3, relating to exemptions from sales and63
71-use taxes, by revising paragraph (85) as follows:64
72-- 3 - 25 LC 50 1264S
73-"(85)(A) For four days beginning on the second Friday of October each year, sales of65
74-firearms, ammunition, gun safes, and related accessories, including, but not limited to,66
75-stocks, barrels, scopes, and magazines.67
76-(B) This paragraph shall stand repealed and reserved on July 1, 2030 Reserved;"68
77-PART III69
78-SECTION 3-1.70
79-(a) Except as provided in subsection (b) of this section, this Act shall become effective on71
80-July 1, 2025, and shall be applicable on and after such date. 72
81-(b) Part I of this Act shall become effective on January 1, 2026, and shall be applicable to73
82-taxable years beginning on or after such date.74
83-SECTION 3-2.75
84-All laws and parts of laws in conflict with this Act are repealed.76
17+To amend Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to
18+1
19+income taxes, so as to provide for a tax credit for certain eligible expenses incurred for2
20+firearm safe handling instructional courses and firearm secure storage devices; to provide for3
21+an aggregate annual cap; to provide for definitions; to provide for terms and conditions; to4
22+provide for credit preapproval by the department; to prohibit the creation of certain lists or5
23+databases; to provide for rules and regulations; to provide for a short title; to provide for6
24+automatic repeal; to provide for an effective date and applicability; to provide for related7
25+matters; to repeal conflicting laws; and for other purposes.8
26+BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:9
27+SECTION 1.10
28+This Act shall be known and may be cited as the "Firearm Safe Handling and Secure Storage11
29+Tax Credit Act."12
30+SECTION 2.13
31+Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes,14
32+is amended by adding a new Code section to read as follows:15
33+H. B. 79 (SUB)
34+- 1 - 25 LC 50 1085S
35+"48-7-29.11A.16
36+(a) As used in this Code section, the term:17
37+(1) 'Eligible expenses' means expenses incurred by an individual taxpayer during the18
38+taxable year for the:19
39+(A) Purchase of one or more firearm secure storage devices for his or her personal use20
40+or donation; and21
41+(B) Cost of a firearm safe handling instructional course.22
42+(2) 'Firearm' means any handgun, shotgun, rifle, or other weapon that will be converted23
43+or is designed to or may readily be converted to expel single or multiple projectiles by24
44+action of an explosion of a combustible material.25
45+(3) 'Firearm safe handling instructional course' means an in-person training of at least26
46+two hours in duration that includes, but is not limited to, instruction on safe handling, use,27
47+and storage of firearms.28
48+(4) 'Firearm secure storage device' means any device originally manufactured to securely29
49+store or disable a firearm and which may only be unlocked by means of a key, a30
50+combination, a fingerprint or other biometric identifier, or other similar means. Such31
51+term shall include, but shall not be limited to, gun safes, trigger locks, chamber locks, and32
52+cable locks.33
53+(b)(1) Under the terms and conditions of this Code section, an individual taxpayer shall34
54+be allowed a credit against the tax imposed by Code Section 48-7-20 in the amount of35
55+such taxpayer's eligible expenses or $300.00, whichever is less.36
56+(2) In no event shall the aggregate limit of tax credits allowed under this Code section37
57+for any year exceed $10 million.38
58+(c)(1) The department shall develop a procedure to be followed in the preapproval of any39
59+tax credit allowed pursuant to this Code section.40
60+H. B. 79 (SUB)
61+- 2 - 25 LC 50 1085S
62+(2) An individual taxpayer seeking a tax credit pursuant to this Code section shall apply41
63+to the department for preapproval of such tax credit. Such taxpayer shall specify the42
64+taxable year for which he or she is seeking a tax credit.43
65+(3) Individual taxpayers that properly apply for preapproval of such tax credit following44
66+the procedure developed by the department shall be approved on a first-come, first served45
67+basis until the aggregate limit for such tax credits is reached for that year.46
68+(4) The department shall preapprove tax credits for each preapproval application within47
69+30 days and in the received order of submitted applications. Such preapproved tax credits48
70+shall be in the amount of $300.00 for each preapproval application.49
71+(5) In the event that an individual taxpayer applies for preapproval and the amount of tax50
72+credits available for the taxable year are not sufficient to fully fund the tax credits51
73+requested, the department shall deny such taxpayer's request and shall not accept any52
74+additional preapproval applications from taxpayers for the taxable year.53
75+(6) No individual taxpayer shall be preapproved for a tax credit pursuant to this Code54
76+section more than once in the lifetime of the taxpayer; provided, however, that nothing55
77+in this Code section shall be construed to prevent an individual taxpayer from applying56
78+for preapproval more than once.57
79+(d)(1) For a tax credit allowed pursuant to this Code section, an individual taxpayer shall58
80+maintain receipts for purchases or costs relative to the eligible expenses for three years59
81+following the submission of the taxpayer's tax return claiming such tax credit. Such60
82+receipts shall be made available upon request for review by the commissioner.61
83+(2) No individual taxpayer shall be allowed credits pursuant to this Code section which62
84+exceed a total of $300.00 in the lifetime of the taxpayer.63
85+(e) In no event shall the total amount of any tax credit under this Code section for a taxable64
86+year exceed the taxpayer's income tax liability. No unused tax credit shall be allowed to65
87+be carried forward to apply to the taxpayer's succeeding years' tax liability. No such tax66
88+credit shall be allowed the taxpayer against prior years' tax liability.67
89+H. B. 79 (SUB)
90+- 3 - 25 LC 50 1085S
91+(f) No person shall create any list of names regarding persons who have applied for or68
92+have been allowed a tax credit pursuant to this Code section except for purposes necessary69
93+to the administration of such credit.70
94+(g) The commissioner shall promulgate such rules and regulations as may be necessary for71
95+the implementation and administration of the provisions of this Code section.72
96+(h) This Code section shall stand repealed and reserved on December 31, 2031."73
97+SECTION 3.74
98+This Act shall become effective on January 1, 2026, and shall be applicable to taxable years75
99+beginning on or after January 1, 2026.76
100+SECTION 4.77
101+All laws and parts of laws in conflict with this Act are repealed.78
102+H. B. 79 (SUB)
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