but such term shall not include any event or circumstance that could have been prevented, overcome, or remedied in whole or in part by the taxpayer through the exercise of reasonable diligence and due care, nor shall such term include the unavailability of funds.
(.1) “Affiliate” means the members of a business enterprise’s affiliated group within the meaning of Section 1504(a) of the Internal Revenue Code and also means any entity, notwithstanding its form of organization, that would otherwise qualify as a member of such affiliated group.
History. Code 1981, § 48-7-40.24 , enacted by Ga. L. 2003, p. 665, § 8; Ga. L. 2004, p. 690, § 20; Ga. L. 2005, p. 60, § 48/HB 95; Ga. L. 2009, p. 806, § 1/HB 438; Ga. L. 2012, p. 976, § 1/HB 1027; Ga. L. 2012, p. 1309, § 6/HB 868; Ga. L. 2013, p. 141, § 48/HB 79; Ga. L. 2021, p. 289, § 2-3/SB 6.
The 2021 amendment, effective July 1, 2021, deleted the former second sentence in subsection (g), which read: “In no event may a credit be claimed under this Code section for more than 4,500 new full-time employee jobs created by any one project; provided, however, that the taxpayer may claim the credits provided by Code Sections 48-7-40 and 48-7-40.1 for any such additional jobs if the taxpayer meets the terms and conditions thereof.”; designated the existing provisions of subsection (i) as paragraph (i)(1), in paragraph (i)(1), in the first sentence, inserted “and paragraph (2) of this subsection” near the beginning, and deleted “48-7-40.11,” following “48-7-40.10,” in the middle and added paragraph (i)(2); added subsections (p) and (q); and redesignated former subsection (p) as present subsection (r).
Editor’s notes.
Ga. L. 2003, p. 665, § 1, 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 2003.’ ”
Ga. L. 2003, p. 665, § 47(b), not codified by the General Assembly, provides that this Act shall be applicable to all taxable years beginning on or after January 1, 2003.
Ga. L. 2009, p. 806, § 2/HB 438, 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, 2009.
Ga. L. 2012, p. 976, § 3(b)/HB 1027, not codified by the General Assembly, provides, in part, that the amendment to this Code section shall apply to all tax years beginning on or after January 1, 2012.
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.
Ga. L. 2021, p. 289, § 1-1/SB 6, not codified by the General Assembly, provides, in part, that: “Parts II through IV of this Act shall be known and may be cited as the ‘Georgia Economic Renewal Act of 2021.’ ”
Law reviews.
For note on the 2003 enactment of this Code section, see 20 Georgia St. U.L. Rev. 233 (2003).
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