(2.1) Any census tract in a county that contains a federal military installation with a garrison of at least 5,000 federal or military personnel combined and also contains an industrial park that is owned and operated by a governmental entity;
No designation made pursuant to this subsection shall operate to displace or remove any other area previously designated as a less developed area. Notwithstanding any provision of this Code section to the contrary, in areas designated as suffering from pervasive poverty under this subsection, job tax credits shall be allowed as provided in this Code section, in addition to business enterprises, to any lawful business.
History. Code 1981, § 48-7-40.1 , enacted by Ga. L. 1993, p. 1649, § 2; Ga. L. 1994, p. 928, § 3; Ga. L. 1996, p. 220, §§ 3, 4; Ga. L. 1997, p. 461, § 2; Ga. L. 2000, p. 605, § 2; Ga. L. 2001, p. 984, § 8; Ga. L. 2004, p. 939, § 1; Ga. L. 2008, p. 874, § 2/HB 1246; Ga. L. 2008, p. 1152, § 1/HB 1273; Ga. L. 2009, p. 654, § 2/HB 439; Ga. L. 2012, p. 1309, § 2/HB 868; Ga. L. 2013, p. 141, § 48/HB 79; Ga. L. 2013, p. 677, § 2/SB 137; Ga. L. 2014, p. 204, § 1/HB 791; Ga. L. 2016, p. 553, § 2/HB 936; Ga. L. 2018, p. 318, § 1/HB 843; Ga. L. 2020, p. 184, § 3-2/HB 846.
The 2020 amendment, effective June 30, 2020, added subsection (k).
Code Commission notes.
Pursuant to Code Section 28-9-5, in 2004, “this subsection” was substituted for “this paragraph” in the second sentence of the undesignated paragraph at the end of subsection (c).
Editor’s notes.
Ga. L. 1994, p. 928, § 1, not codified by the General Assembly, provides: “This Act shall be known and may be cited as the ‘Georgia Business Expansion Support Act of 1994’.”
Ga. L. 1994, p. 928, § 8, not codified by the General Assembly, provides that the 1994 amendment shall be “applicable to all taxable years beginning on or after January 1, 1994.”
Ga. L. 1996, p. 220, § 11, not codified by the General Assembly, provides that the 1996 amendment shall be “applicable to all taxable years beginning on or after January 1, 1996.”
Ga. L. 1997, p. 461, § 10, not codified by the General Assembly, provides that the 1997 amendment shall be “applicable to all taxable years beginning on or after January 1, 1997.”
Ga. L. 2000, p. 605, § 7, not codified by the General Assembly, provides that the 2000 amendment shall be “applicable to all taxable years beginning on or after January 1, 2000.”
Ga. L. 2001, p. 984, § 20, not codified by the General Assembly, provides that the 2001 amendment “shall be applicable to all taxable years beginning on or after January 1, 2001.”
Ga. L. 2004, p. 939, § 6, not codified by the General Assembly, provides that this Act shall be applicable to all taxable years beginning on or after January 1, 2004.
Ga. L. 2008, p. 874, § 9/HB 1246, 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. 2008, p. 1152, § 2/HB 1273, 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. 2009, p. 654, § 7/HB 439, not codified by the General Assembly, provides, in part, that the amendment to this Code section shall be applicable for all taxable years beginning on or after January 1, 2009.
Ga. L. 2012, p. 1309, § 7/HB 868, not codified by the General Assembly, provides, in part, that the 2012 amendment shall be applicable to all taxable years beginning on or after January 1, 2013.
Administrative rules and regulations.
Job tax credit program regulations, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia Department of Community Affairs, Job Tax Credit Program, Subject 110-9-1.
Opportunity zone tax credit program regulations, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia Department of Community Affairs, Opportunity Zone Tax Credit Program, Subject 110-24-1.
Law reviews.
For note on the 1993 enactment of this Code section, see 10 Georgia St. U.L. Rev. 218 (1993).
For note on the 2001 amendment to this Code section, see 18 Georgia St. U.L. Rev. 294 (2001).
For article, “SB 6: The Review, Creation, and Extension of Georgia Tax Credits and Deductions,” see 38 Ga. St. U.L. Rev. 167, 168 (2021).
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