History. Code 1981, § 48-7-26 , enacted by Ga. L. 1987, p. 191, § 2; Ga. L. 1994, p. 381, § 1; Ga. L. 1998, p. 1, § 1; Ga. L. 1999, p. 81, § 48; Ga. L. 2012, p. 257, § 2-1/HB 386; Ga. L. 2019, p. 711, § 12/HB 481.
Delayed effective date.
Code Section 48-7-26 is set out twice in this Code. This version is effective until January 1, 2024. For version effective January 1, 2024, see the following version.
The 2019 amendment, effective January 1, 2020, added the proviso at the end of subsection (a).
Editor’s notes.
Ga. L. 1987, p. 191, § 2, effective March 11, 1987, repealed the former Code section and enacted the current Code section covering substantially the same subject matter. The former Code section was based on Ga. L. 1931, Ex. Sess., p. 24, § 8; Code 1933, § 91A-3606; Code 1933, § 92-3106; Ga. L. 1937, p. 109, § 6; Ga. L. 1941, p. 210, § 1; Ga. L. 1943, p. 321, § 1; Ga. L. 1952, p. 273, §§ 1, 2; Ga. L. 1952, p. 405, § 1; Ga. L. 1953, Jan.-Feb. Sess., p. 272, § 1; Ga. L. 1953, Jan.-Feb. Sess., p. 297, § 1; Ga. L. 1953, Nov.-Dec. Sess., p. 197, § 1; Ga. L. 1955, Ex. Sess., p. 27, § 3; Ga. L. 1960, p. 1005, § 2; Ga. L. 1965, p. 260, §§ 1, 2; Ga. L. 1966, p. 239, § 1; Ga. L. 1966, p. 271, § 1; Ga. L. 1968, p. 1037, § 1; Ga. L. 1971, p. 605, § 3; Ga. L. 1976, p. 250, § 1; Ga. L. 1978, p. 1471, § 1; Ga. L. 1978, p. 309, § 2; Ga. L. 1979, p. 5, § 66; Ga. L. 1981, Ex. Sess., p. 8; and Ga. L. 1982, p. 3, § 48.
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. 1998, p. 1, § 4, not codified by the General Assembly, makes subsections (b)-(d) of this Code section applicable to all taxable years beginning on or after January 1, 1998.
Ga. L. 2012, p. 257, § 7-1(e)/HB 386, not codified by the General Assembly, provides that the 2012 amendment shall be applicable to all taxable years beginning on or after January 1, 2013.
Ga. L. 2012, p. 257, § 7-1(h)/HB 386, not codified by the General Assembly, provides: “Tax, penalty, and interest liabilities and refund eligibility for prior taxable years shall not be affected by the passage of this Act and shall continue to be governed by the provisions of general law as it existed immediately prior to the effective date of the relevant portion of this Act.”
Ga. L. 2012, p. 257, § 7-1(i)/HB 386, not codified by the General Assembly, provides: “This Act shall not abate any prosecution, punishment, penalty, administrative proceedings or remedies, or civil action related to any violation of law committed prior to the effective date of the relevant portion of this Act.”
Ga. L. 2012, p. 257, § 7-2/HB 386, not codified by the General Assembly, provides for severability.
Ga. L. 2019, p. 711, § 1/HB 481, not codified by the General Assembly, provides: “This Act shall be known and may be cited as the ‘Living Infants Fairness and Equality (LIFE) Act.’ ”
Ga. L. 2019, p. 711, § 2/HB 481, not codified by the General Assembly, provides: “The General Assembly of Georgia makes the following findings:
“(1) In the founding of the United States of America, the State of Georgia and the several states affirmed that: ‘We hold these Truths to be self evident, that all Men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty, and the Pursuit of Happiness — that to secure these Rights, Governments are instituted among men;’
“(2) To protect the fundamental rights of all persons, and specifically to protect the fundamental rights of particular classes of persons who had not previously been recognized under law, the 14th Amendment to the United States Constitution was ratified, providing that, ‘nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny any person within its jurisdiction the equal protection of the laws’;
“(3) Modern medical science, not available decades ago, demonstrates that unborn children are a class of living, distinct persons, and more expansive state recognition of unborn children as persons did not exist when Planned Parenthood v. Casey (1992) and Roe v. Wade (1973) established abortion related precedents;
“(4) The State of Georgia, applying reasoned judgment to the full body of modern medical science, recognizes the benefits of providing full legal recognition to an unborn child above the minimum requirements of federal law;
“(5) Article I, Section I, Paragraphs I and II of the Constitution of the State of Georgia affirm that ‘[n]o person shall be deprived of life, liberty, or property except by due process of law’; and that ‘[p]rotection to person and property is the paramount duty of government and shall be impartial and complete. No person shall be denied the equal protection of the laws’; and
“(6) It shall be the policy of the State of Georgia to recognize unborn children as natural persons.”
Ga. L. 2019, p. 711, § 13/HB 481, not codified by the General Assembly, provides: “Any citizen of this state shall have standing and the right to intervene and defend in any action challenging the constitutionality of any portion of this Act.”
Ga. L. 2019, p. 711, § 14/HB 481, not codified by the General Assembly, provides: “All provisions of this Act shall be severable in accordance with Code Section 1-1-3.”
Law reviews.
For review of 1998 legislation relating to revenue and taxation, see 15 Georgia St. U.L. Rev. 217 (1998).
For article, “Revenue and Taxation: Amend Titles 48, 2, 28, 33, 36, 46, and 50 of the Official Code of Georgia Annotated, Relating Respectively to Revenue and Taxation, Agriculture, the General Assembly, Insurance, Local Government, Public Utilities, and State Government,” see 28 Georgia St. U.L. Rev. 217 (2011).
For article on the 2012 amendment of this Code section, see 29 Georgia St. U.L. Rev. 112 (2012).
For article on the 2019 amendment of this Code section, see 36 Ga. St. U.L. Rev. 155 (2019).
Structure Georgia Code
Title 48 - Revenue and Taxation
Article 2 - Imposition, Rate, Computation, Exemptions, and Credits
§ 48-7-20.1. One-Time Tax Rebates for Qualified Taxpayers
§ 48-7-21. Taxation of Corporations
§ 48-7-21.1. Compensation Paid by Taxpayer Disallowed as Business Expense; Applicability
§ 48-7-26. [Effective Until January 1, 2024. See note.] Personal Exemptions
§ 48-7-26. [Effective January 1, 2024. See note.] Personal Exemptions
§ 48-7-27. [Effective Until January 1, 2024. See note.] Computation of Taxable Net Income
§ 48-7-27. [Effective January 1, 2024. See note.] Computation of Taxable Net Income
§ 48-7-28.1. Tax Repayments and Benefits
§ 48-7-28.2. Employer Social Security Credits
§ 48-7-28.3. Expenses From Transactions With Related Members
§ 48-7-29. Tax Credits for Rural Physicians
§ 48-7-29.1. Tax Credits for Retrofitting Certain Single-Family Homes With Accessibility Features
§ 48-7-29.2. Tax Credits for Qualified Caregiving Expenses
§ 48-7-29.4. Tax Credits for Disaster Assistance Funds Received
§ 48-7-29.6. Tax Credits for Qualified Low-Income Buildings
§ 48-7-29.7. Tax Credits for Depository Financial Institutions
§ 48-7-29.10. Tax Credits for Qualified Child and Dependent Care Expenses
§ 48-7-29.11. Tax Credits for Certain Teleworking Expenses
§ 48-7-29.12. Tax Credits for Qualified Donation of Real Property
§ 48-7-29.13. Tax Credits for Qualified Health Insurance Expenses
§ 48-7-29.14. Tax Credits for Clean Energy Property
§ 48-7-29.15. Tax Credits for the Adoption of Foster Children
§ 48-7-29.17. Tax Credit for the Purchase of One Eligible Single-Family Residence
§ 48-7-29.18. Tax Credits for Purchasers of Alternative Fuel Heavy Duty and Medium Duty Vehicles
§ 48-7-29.23. Tax Credits for Teachers in the Teacher Recruitment and Retention Program
§ 48-7-29.24. Tax Credits for Contributions to Foster Child Support Organizations
§ 48-7-29.25. Tax Credits for Contributions to Law Enforcement Foundations
§ 48-7-33. Annual Accounting Periods
§ 48-7-36. Tolling of Time Limits for Filings by Reason of War Related Service in Armed Forces
§ 48-7-39. Depreciation of Property Placed in Service in Prior Tax Years
§ 48-7-40.1. Tax Credits for Business Enterprises in Less Developed Areas
§ 48-7-40.1A. Additional Job Tax Credits for Manufacturers of Personal Protective Equipment
§ 48-7-40.5. Tax Credits for Employers Providing Approved Retraining Programs
§ 48-7-40.6. Tax Credits for Employers Providing Child Care
§ 48-7-40.12. Tax Credits for Qualified Research Expenses
§ 48-7-40.14. Calculation of New Full-Time Jobs
§ 48-7-40.15. Alternative Tax Credits for Base Year Port Traffic Increases
§ 48-7-40.15A. Increased Job Tax Credit Based on Increase in Port Traffic
§ 48-7-40.17. Tax Credits for Establishing or Relocating Quality Jobs
§ 48-7-40.18. Tax Credits for Businesses Headquartered in State; Full-Time Jobs
§ 48-7-40.23. Election to Count New Jobs on Calendar Year Basis
§ 48-7-40.24. Tax Credits for Jobs Associated With Large-Scale Projects
§ 48-7-40.26. Tax Credits for Film, Gaming, Video, or Digital Production
§ 48-7-40.26A. Tax Credits for Postproduction Expenditures
§ 48-7-40.27. Tax Credits for Qualified Investments in a Research Fund
§ 48-7-40.30. Tax Credits for Certain Qualified Investments for Limited Period of Time
§ 48-7-40.31. Tax Credits for Employing Qualified Parolees
§ 48-7-40.32. Revitalization Zone Tax Credits
§ 48-7-40.36. Tax Credits for Timber Producers Incurring Losses From Hurricane Michael