Georgia Code
Article 5 - Current Income Tax Payment
§ 48-7-100. Definitions

As used in this article, the term:
(1.1) “Corporation” shall have the same meaning as provided in Code Section 48-7-1, and shall also include electing Subchapter “S” corporations as defined in paragraph (7) of subsection (b) of Code Section 48-7-21 and electing partnerships as defined in paragraph (1) of subsection (b) of Code Section 48-7-23 and for purposes of Code Section 48-7-117 for such electing partnerships, Code Section 48-7-23 shall be substituted for Code Section 48-7-21.
(2.1) “Distribution credited” means a recognition or assignment of interest in proceeds or property of a partnership, Subchapter “S” corporation, or limited liability company, including a net distributive share of income which is passed through to members and which may be subject to Georgia income tax.
(2.2) “Distribution paid” means any disbursement of funds of a partnership, Subchapter “S” corporation, or limited liability company that is made to a member with respect to that member’s interest in the entity and which may be subject to Georgia income tax.
(6.1) “Member” shall mean partner, shareholder, or other person to whom the taxpaying obligation of the partnership, Subchapter “S” corporation, or limited liability company falls.
(6.2) “Nonresident” shall mean an individual or fiduciary member who resides outside this state and all other members whose headquarters or principal place of business is located outside this state.
(8.1) “Periodic payment” means a designated distribution from a pension, annuity, or similar fund which is one of a series of substantially equal distributions made over:
History. Ga. L. 1960, p. 7, § 2; Ga. L. 1978, p. 982, § 1; Code 1933, § 91A-3901, enacted by Ga. L. 1978, p. 309, § 2; Ga. L. 1979, p. 5, § 74; Ga. L. 1987, p. 191, § 4; Ga. L. 1993, p. 597, §§ 1, 2; Ga. L. 1994, p. 595, § 1; Ga. L. 2005, p. 159, §§ 19, 20/HB 488; Ga. L. 2007, p. 271, § 5/SB 184; Ga. L. 2008, p. 898, § 10/HB 1151; Ga. L. 2021, p. 277, § 5/HB 149.
The 2021 amendment, effective May 4, 2021, added paragraph (1.1). See Editor’s notes for applicability.
Code Commission notes.
Pursuant to Code Section 28-9-5, in 1988, “United States” was deleted preceding “Internal Revenue Code” in subdivision (10)(J)(i).
Editor’s notes.
Ga. L. 1987, p. 191, § 10, not codified by the General Assembly, provides that this Act is applicable to taxable years ending on or after March 11, 1987, and that a taxpayer with a taxable year ending on or after January 1, 1987, and before March 11, 1987, may elect to have the provisions of that Act apply.
Ga. L. 1987, p. 191, § 10, not codified by the General Assembly, also provided that tax, penalty, and interest liabilities and refund eligibility for prior taxable years shall not be affected by that Act.
Ga. L. 1987, p. 191, § 10, not codified by the General Assembly, also provided that provisions of the federal Tax Reform Act of 1986 and of the Internal Revenue Code of 1986 which as of January 1, 1987, were not yet effective become effective for purposes of Georgia taxation on the same dates as they become effective for federal purposes.
Ga. L. 1993, p. 597, § 4, not codified by the General Assembly, provides that paragraphs (2.1), (6.1), and (6.2) of this Code section are applicable with respect to any distribution paid or credited after January 1, 1994.
Ga. L. 1994, p. 595, § 3, not codified by the General Assembly, provides that paragraph (8.1) of this Code section is applicable to all taxable years beginning on or after January 1, 1994.
Ga. L. 2005, p. 159, § 1/HB 488, not codified by the General Assembly, provides that: “This Act shall be known and may be cited as the ‘State and Local Tax Revision Act of 2005.’ ”
Ga. L. 2005, p. 159, § 27(d)/HB 488, not codified by the General Assembly, provides that subparagraph (10)(K) of this Code section is applicable to all calendar quarters on and after July 1, 2005.
Ga. L. 2008, p. 898, § 13/HB 1151, not codified by the General Assembly, provides, in part, that the amendment to this Code section shall be applicable to all taxable years beginning on or after January 1, 2008.
Ga. L. 2021, p. 277, § 7/HB 149, not codified by the General Assembly, provides, in part, that: “This Act shall be applicable to all taxable years beginning on or after January 1, 2022.”
U.S. Code.
Section 401 of the United States Internal Revenue Code, referred to in subparagraph (10)(J)(i), is codified as 26 U.S.C. § 401 .
Law reviews.
For note on the 1993 amendment of this Code section, see 10 Georgia St. U.L. Rev. 218 (1993).
For note on the 1994 amendment of this Code section, see 11 Georgia St. U.L. Rev. 255 (1994).