Bill Text: GA HB868 | 2011-2012 | Regular Session | Introduced
Bill Title: Income tax credits; business enterprises located in less developed areas designated by tiers; provide
Spectrum: Partisan Bill (Republican 7-0)
Status: (Passed) 2012-05-03 - Effective Date [HB868 Detail]
Download: Georgia-2011-HB868-Introduced.html
12 HB
868/AP
House
Bill 868 (AS PASSED HOUSE AND SENATE)
By:
Representatives Collins of the
27th,
Carter of the
175th,
Atwood of the
179th,
Hatchett of the
143rd,
Clark of the
98th,
and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia
Annotated, relating to imposition, computation, and exemptions from state income
tax, so as to provide for the comprehensive revision of income tax credits for
business enterprises located in less developed areas, designated by tiers, for
business enterprises located in less developed areas consisting of contiguous
census tracts, for existing manufacturing and telecommunications facilities
located in certain tier counties, and for establishing new quality jobs or
relocating quality jobs; to provide for procedures, conditions, and limitations;
to change certain provisions so as to correct certain cross-references; to
provide for an extended job creation period for certain companies; to clarify
conditions and limitations on jobs created when a company is acquired; to
provide for an effective date and applicability; to provide that this Act shall
not abate or affect prosecutions, punishments, penalties, administrative
proceedings or remedies, or civil actions related to certain violations; to
provide for related matters; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating
to imposition, computation, and exemptions from state income tax, is amended by
revising subsections (a), (e), (f), (h), and (l) of Code Section 48-7-40,
relating to designation of counties as less developed areas, as
follows:
"(a)
As used in this Code section, the term:
(1)
'Broadcasting' means the transmission or licensing of audio, video, text, or
other programming content to the general public, subscribers, or to third
parties via radio, television, cable, satellite, or the Internet or Internet
Protocol and includes motion picture and sound recording, editing, production,
postproduction, and distribution. 'Broadcasting'
is limited to establishments classified under the 2007 North American Industry
Classification System Codes 515, broadcasting; 519, Internet publishing and
broadcasting; 517, telecommunications; and 512, motion picture and sound
recording industries.
(2)
'Business enterprise' means any business or the headquarters of any such
business which is engaged in manufacturing,
including, but
not limited to, the manufacturing of alternative energy products for use in
solar, wind, battery, bioenergy, biofuel, and electric vehicle
enterprises, warehousing and distribution,
processing, telecommunications, broadcasting, tourism, research and development
industries,
biomedical
manufacturing, and services for the
elderly and persons with disabilities. Such term shall not include retail
businesses.
Businesses are
eligible for the tax credit provided by this Code section at an individual
establishment of the business based on the classification of the individual
establishment under the North American Industry Classification System. For
purposes of this Code section, the term 'establishment' means an economic unit
at a single physical location where business is conducted or where services or
industrial operations are performed. If more than one business activity is
conducted at the establishment, then only those jobs engaged in the qualifying
activity will be eligible for the tax credit provided by this Code
section.
(3)
'Competitive project' means expansion or location of some or all of a business
enterprise's operations in this state having significant regional impact where
the commissioner of economic development certifies that but for some or all of
the tax incentives provided in this Code section, the business enterprise would
have located or expanded outside this state.
(4)
'Existing business enterprise' means any business or the headquarters of any
such business which has operated for the immediately preceding three years a
facility in this state which is engaged in manufacturing,
including, but
not limited to, the manufacturing of alternative energy products for use in
solar, wind, battery, bioenergy, biofuel, and electric vehicle
enterprises, warehousing and distribution,
processing, telecommunications, broadcasting, tourism,
biomedical
manufacturing, or research and development
industries. Such term shall not include retail businesses.
Businesses are
eligible for the tax credit provided by this Code section at an individual
establishment of the business based on the classification of the individual
establishment under the North American Industry Classification System. For
purposes of this Code section, the term 'establishment' means an economic unit
at a single physical location where business is conducted or where services or
industrial operations are performed. If more than one business activity is
conducted at the establishment, then only those jobs engaged in the qualifying
activity will be eligible for the tax credit provided by this Code
section.
(5)
'New full-time employee job' means a newly created position of employment that
was not previously located in this state, requires a minimum of 35 hours a week,
and pays at or above the average wage earned in the county with the lowest
average wage earned in this state, as reported in the most recently available
annual issue of the Georgia Employment and Wages Averages Report of the
Department of Labor."
"(e)(1)
Business enterprises in counties designated by the commissioner of community
affairs as tier 1 counties shall be allowed a tax credit for taxes imposed under
this article equal to $3,500.00 annually per eligible new full-time employee job
for five years beginning with the first taxable year in which the new full-time
employee job is created and for the four immediately succeeding taxable years;
provided, however, that where the amount of such credit exceeds a business
enterprise's liability for such taxes in a taxable year, the excess may be taken
as a credit against such business enterprise's quarterly or monthly payment
under Code Section 48-7-103 but not to exceed in any one taxable year $3,500.00
for each new full-time employee job when aggregated with the credit applied
against taxes under this article. Each employee whose employer receives credit
against such business enterprise's quarterly or monthly payment under Code
Section 48-7-103 shall receive credit against his or her income tax liability
under Code Section 48-7-20 for the corresponding taxable year for the full
amount which would be credited against such liability prior to the application
of the credit provided for in this paragraph. Credits against quarterly or
monthly payments under Code Section 48-7-103 and credits against liability under
Code Section 48-7-20 established by this paragraph shall not constitute income
to the taxpayer. Business enterprises in counties designated by the
commissioner of community affairs as tier 2 counties shall be allowed a job tax
credit for taxes imposed under this article equal to $2,500.00 annually,
business enterprises in counties designated by the commissioner of community
affairs as tier 3 counties shall be allowed a job tax credit for taxes imposed
under this article equal to $1,250.00 annually, and business enterprises in
counties designated by the commissioner of community affairs as tier 4 counties
shall be allowed a job tax credit for taxes imposed under this article equal to
$750.00 annually for each new full-time employee job for five years beginning
with the first taxable year in which the new full-time employee job is created
and for the four immediately succeeding taxable years. Where a business
enterprise is engaged in a competitive project located in a county designated by
the commissioner of community affairs as a tier 2 county and where the amount of
the credit provided in this paragraph exceeds such business enterprise's
liability for taxes imposed under this article in a taxable year, or where a
business enterprise is engaged in a competitive project located in a county
designated by the commissioner of community affairs as a tier 3 or tier 4 county
and where the amount of the credit provided in this paragraph exceeds 50 percent
of such business enterprise's liability for taxes imposed under this article in
a taxable year, the excess may be taken as a credit against such business
enterprise's quarterly or monthly payment under Code Section 48-7-103 but not to
exceed in any one taxable year $2,500.00 for each new full-time employee job
when aggregated with the credit applied against taxes under this article. Each
employee whose employer receives credit against such business enterprise's
quarterly or monthly payment under Code Section 48-7-103 shall receive credit
against his or her income tax liability under Code Section 48-7-20 for the
corresponding taxable year for the full amount which would be credited against
such liability prior to the application of the credit provided for in this
paragraph. Credits against quarterly or monthly payments under Code Section
48-7-103 and credits against liability under Code Section 48-7-20 established by
this paragraph shall not constitute income to the taxpayer. The number of new
full-time
employee
jobs shall be determined by comparing the monthly average number of full-time
employees subject to Georgia income tax withholding for the taxable year with
the corresponding period of the prior taxable year. In tier 1 counties, those
business enterprises that increase employment by
five
two
or more shall be eligible for the credit. In tier 2 counties, only those
business enterprises that increase employment by ten or more shall be eligible
for the credit. In tier 3 counties, only those business enterprises that
increase employment by 15 or more shall be eligible for the credit. In tier 4
counties, only those business enterprises that increase employment by 25 or more
shall be eligible for the credit. The average wage of the new jobs created must
be above the average wage of the county that has the lowest average wage of any
county in the state to qualify as reported in the most recently available annual
issue of the Georgia Employment and Wages Averages Report of the Department of
Labor. To qualify for a credit under this paragraph, the employer must make
health insurance coverage available to the employee filling the new full-time
employee
job; provided, however, that nothing in this paragraph shall be construed to
require the employer to pay for all or any part of health insurance coverage for
such an employee in order to claim the credit provided for in this paragraph if
such employer does not pay for all or any part of health insurance coverage for
other employees. Credit shall not be allowed during a year if the net
employment increase falls below the number required in such tier.
In any year
in which the net employment increase falls below the number required in such
tier, the taxpayer shall forfeit the right to the credit claimed for that
taxable year. For the year that the net employment increase falls below the
number required in such tier, a taxpayer that forfeits such right is therefore
liable for all past taxes imposed by this article for that taxable year and all
past payments under Code Section 48-7-103 for that taxable year that were
foregone by the state as a result of the credits provided by this Code section;
provided, however, that Code Section 48-2-40 shall not apply to any such
forfeiture. The state revenue
commissioner shall adjust the credit allowed each year for net new employment
fluctuations above the minimum level of the number required in such
tier.
(2)
Existing business enterprises shall be allowed an additional tax credit for
taxes imposed under this article equal to $500.00 per eligible new full-time
employee job the first year in which the new full-time employee job is created.
The additional credit shall be claimed in the first taxable year in which the
new full-time employee job is created. The number of new full-time
employee
jobs shall be determined by comparing the monthly average number of full-time
employees subject to Georgia income tax withholding for the taxable year with
the corresponding period of the prior taxable year. In tier 1 counties, those
existing business enterprises that increase employment by five or more shall be
eligible for the credit. In tier 2 counties, only those existing business
enterprises that increase employment by ten or more shall be eligible for the
credit. In tier 3 counties, only those existing business enterprises that
increase employment by 15 or more shall be eligible for the credit. In tier 4
counties, only those existing business enterprises that increase employment by
25 or more shall be eligible for the credit. The average wage of the new jobs
created must be above the average wage of the county that has the lowest average
wage of any county in the state to qualify as reported in the most recently
available annual issue of the Georgia Employment and Wages Averages Report of
the Department of Labor. To qualify for a credit under this paragraph, the
employer must make health insurance coverage available to the employee filling
the new full-time job; provided, however, that nothing in this paragraph shall
be construed to require the employer to pay for all or any part of health
insurance coverage for such an employee in order to claim the credit provided
for in this paragraph if such employer does not pay for all or any part of
health insurance coverage for other employees. Credit shall not be allowed
during a year if the net employment increase falls below the number required in
such tier. Any credit generated and utilized for years prior to the year in
which the net employment increase falls below the number required in such tier
shall not be affected. The state revenue commissioner shall adjust the credit
allowed each year for net new employment fluctuations above the minimum level of
the number required in such tier. This paragraph shall apply only to new
eligible full-time jobs created in taxable years beginning on or after January
1, 2006, and ending no later than taxable years beginning prior to January 1,
2011.
(f)
Tax credits for
four
five
years for the taxes imposed under this article shall be awarded for additional
new full-time employee jobs created by business enterprises qualified under
subsection (b), (c), or (c.1) of this Code section. Additional new full-time
employee
jobs shall be determined by subtracting the highest total employment of the
business enterprise during years two through five, or whatever portion of years
two through five which has been completed, from the total increased employment.
The state revenue commissioner shall adjust the credit allowed in the event of
employment fluctuations during the five years of credit."
"(h)(1)
Except as provided in paragraph (2) of this subsection,
any
Any
credit claimed under this Code section but not used in any taxable year may be
carried forward for ten years from the close of the taxable year in which the
qualified jobs were established, subject to forfeiture as provided in paragraph
(1) of subsection (e) of this Code section, but in tiers 3 and 4 the credit
established by this Code section taken in any one taxable year shall be limited
to an amount not greater than 50 percent of the taxpayer's state income tax
liability which is attributable to income derived from operations in this state
for that taxable year. In tier 1 and 2 counties, the credit allowed under this
Code section against taxes imposed under this article in any taxable year shall
be limited to an amount not greater than 100 percent of the taxpayer's state
income tax liability attributable to income derived from operations in this
state for such taxable year.
(2)
The additional credit claimed by an existing business enterprise pursuant to the
provisions of paragraph (2) of subsection (e) of this Code section must be
applied against taxes imposed for the taxable year in which such credit is
available and may not be carried forward to any subsequent taxable
year."
"(l)
Taxpayers that initially claimed the credit under this Code section for any
taxable year beginning before January 1,
2009
2012,
shall be governed, for purposes of all such credits claimed as well as any
credits claimed in subsequent taxable years related to such initial claim, by
this Code section as it was in effect for the taxable year in which the taxpayer
made such initial claim."
SECTION
2.
Said
article is further amended by revising subsections (a), (e), (f), and (j) of
Code Section 48-7-40.1, relating to tax credits for business enterprises located
in less developed areas, as follows:
"(a)
As used in this Code section, the term:
(1)
'Broadcasting' means the transmission or licensing of audio, video, text, or
other programming content to the general public, subscribers, or to third
parties via radio, television, cable, satellite, or the Internet or Internet
Protocol and includes motion picture and sound recording, editing, production,
postproduction, and distribution. 'Broadcasting' is limited to establishments
classified under the 2007 North American Industry Classification System Codes
515, broadcasting; 519, Internet publishing and broadcasting; 517,
telecommunications; and 512, motion picture and sound recording
industries.
(2)
'Business enterprise' means any business or the headquarters of any such
business which is engaged in manufacturing,
including, but
not limited to, the manufacturing of alternative energy products for use in
solar, wind, battery, bioenergy, biofuel, and electric vehicle
enterprises, warehousing and distribution,
processing, telecommunications, broadcasting, tourism,
biomedical
manufacturing, and research and
development industries. Such term shall not include retail businesses.
Businesses are
eligible for the tax credit provided by this Code section at an individual
establishment of the business based on the classification of the individual
establishment under the North American Industry Classification System. For
purposes of this Code section, the term 'establishment' means an economic unit
at a single physical location where business is conducted or where services or
industrial operations are performed. If more than one business activity is
conducted at the establishment, then only those jobs engaged in the qualifying
activity will be eligible for the tax credit provided by this Code
section."
"(e)
Business enterprises in areas designated by the commissioner of community
affairs as less developed areas shall be allowed a job tax credit for taxes
imposed under this article equal to $3,500.00 annually per eligible new
full-time employee job for five years beginning with the first taxable year in
which the new full-time employee job is created and for the four immediately
succeeding taxable years; provided, however, that where the amount of such
credit exceeds a business enterprise's liability for such taxes in a taxable
year, the excess may be taken as a credit against such business enterprise's
quarterly or monthly payment under Code Section 48-7-103 but not to exceed in
any one taxable year $3,500.00 for each new full-time employee job when
aggregated with the credit applied against taxes under this article. Each
employee whose employer receives credit against such business enterprise's
quarterly or monthly payment under Code Section 48-7-103 shall receive credit
against his or her income tax liability under Code Section 48-7-20 for the
corresponding taxable year for the full amount which would be credited against
such liability prior to the application of the credit provided for in this
subsection. Credits against quarterly or monthly payments under Code Section
48-7-103 and credits against liability under Code Section 48-7-20 established by
this subsection shall not constitute income to the taxpayer. The number of new
full-time jobs shall be determined by comparing the monthly average number of
full-time employees subject to Georgia income tax withholding for the taxable
year with the corresponding period of the prior taxable year. Only those
business enterprises that increase employment by five or more in a less
developed area shall be eligible for the credit; provided, however, that within
areas of pervasive poverty as designated under paragraphs (2) and (4) of
subsection (c) of this Code section businesses shall only have to increase
employment by two or more jobs in order to be eligible for the credit, provided
that, if a business only increases employment by two jobs, the persons hired for
such jobs shall not be married to one another. The average wage of the new jobs
created must be above the average wage of the county that has the lowest wage of
any county in the state to qualify as reported in the most recently available
annual issue of the Georgia Employment and Wages Averages Report of the
Department of Labor. To qualify for a credit under this subsection, the
employer must make health insurance coverage available to the employee filling
the new full-time job; provided, however, that nothing in this subsection shall
be construed to require the employer to pay for all or any part of health
insurance coverage for such an employee in order to claim the credit provided
for in this subsection if such employer does not pay for all or any part of
health insurance coverage for other employees. Credit shall not be allowed
during a year if the net employment increase falls below five or two, as
applicable.
In any year
in which the net employment increase falls below five or two, as applicable, the
taxpayer shall forfeit the right to the credit claimed for that taxable year.
For the year that the net employment increase falls below five or two, as
applicable, a taxpayer that forfeits such right is therefore liable for all past
taxes imposed by this article for that taxable year and all past payments under
Code Section 48-7-103 for that taxable year that were foregone by the state as a
result of the credits provided by this Code section; provided, however that Code
Section 48-2-40 shall not apply to any such
forfeiture. The state revenue
commissioner shall adjust the credit allowed each year for net new employment
fluctuations above the minimum level of five or two.
(f)
Tax credits for
four
five
years for the taxes imposed under this article shall be awarded for additional
new full-time
employee
jobs created by business enterprises qualified under subsection (b) or (c) of
this Code section. Additional new full-time
employee
jobs shall be determined by subtracting the highest total employment of the
business enterprise during years two through five, or whatever portion of years
two through five which has been completed, from the total increased employment.
The state revenue commissioner shall adjust the credit allowed in the event of
employment fluctuations during the additional five years of
credit."
"(j)
Taxpayers that initially claimed the credit under this Code section for any
taxable year beginning before January 1,
2009
2012,
shall be governed, for purposes of all such credits claimed as well as any
credits claimed in subsequent taxable years related to such initial claim, by
this Code section as it was in effect for the taxable year in which the taxpayer
made such initial claim."
SECTION
3.
Said
article is further amended by revising subsection (e) of Code Section
48-7-40.12, relating to tax credit for qualified research expenses, as
follows:
"(e)
In the
first five years of a newly formed business enterprise's operations in this
state, where
Where
the amount of a credit claimed under this Code section exceeds 50 percent of
a
taxpayer's liability for such taxes
the business
enterprise's remaining Georgia net income tax liability after all other credits
have been applied in a taxable year, the
excess may be taken as a credit against such taxpayer's quarterly or monthly
payment under Code Section 48-7-103. Each employee whose employer receives
credit against such taxpayer's quarterly or monthly payment under Code Section
48-7-103 shall receive a credit against his or her income tax liability under
Code Section 48-7-20 for the corresponding taxable year for the full amount
which would be credited against such liability prior to the application of the
credit provided for in this subsection. Credits against quarterly or monthly
payments under Code Section 48-7-103 and credits against liability under Code
Section 48-7-20 established by this subsection shall not constitute income to
the taxpayer."
SECTION
4.
Said
article is further amended by revising Code Section 48-7-40.15, relating to
alternative tax credits for base year port traffic increases, as
follows:
"48-7-40.15.
(a)
As used in this Code section, the term:
(1)
'Base year port traffic' means:
(A)
For taxable years beginning prior to January 1, 2010, the total amount of net
tons, containers, or twenty-foot equivalent units (TEU's) of product actually
transported by way of a waterborne ship or vehicle through a port facility
during the period from January 1, 1997, through December 31, 1997; provided,
however, that in the event the total amount actually transported during such
period was not at least 75 net tons, five containers, or ten twenty-foot
equivalent units (TEU's), then 'base year port traffic' means 75 net tons, five
containers, or ten twenty-foot equivalent units (TEU's).
(B)
For all taxable years beginning on or after January 1, 2010, the total amount of
net tons, containers, or twenty-foot equivalent units (TEU's) of product
actually imported into this state or exported out of this state by way of a
waterborne ship or vehicle through a port facility during the second preceding
12 month period; provided, however, that in the event the total amount actually
imported into this state or exported out of this state during such period was
not at least 75 net tons, five containers, or ten twenty-foot equivalent units
(TEU's), then 'base year port traffic' means 75 net tons, five containers, or
ten twenty-foot equivalent units (TEU's).
(2)
'Broadcasting' means the transmission or licensing of audio, video, text, or
other programming content to the general public, subscribers, or to third
parties via radio, television, cable, satellite, or the Internet or Internet
Protocol and includes motion picture and sound recording, editing, production,
postproduction, and distribution. 'Broadcasting' is limited to establishments
classified under the 2007 North American Industry Classification System Codes
515, broadcasting;
516,
519,
Internet publishing and broadcasting; 517, telecommunications; and 512, motion
picture and sound recording industries.
(3)
'Business enterprise' means any business or the headquarters of any such
business which is engaged in manufacturing,
including, but
not limited to, the manufacturing of alternative energy products for use in
solar, wind, battery, bioenergy, biofuel, and electric vehicle
enterprises, warehousing and distribution,
processing, telecommunications, broadcasting, tourism,
biomedical
manufacturing, and research and
development
industries.
Such term
but
shall not include retail businesses.
Businesses are
eligible for the tax credit provided by subsection (b) of this Code section at
an individual establishment of the business based on the classification of the
individual establishment under the North American Industry Classification
System. For purposes of this Code section, the term 'establishment' means an
economic unit at a single physical location where business is conducted or where
services or industrial operations are performed. If more than one business
activity is conducted at the establishment, then only those jobs engaged in the
qualifying activity will be eligible for the tax credit provided by this Code
section.
(4)
'Port facility' means any privately owned or publicly owned facility located
within this state through which product is transported by way of a waterborne
ship or vehicle to or from destinations outside this state.
(5)
'Port traffic' means:
(A)
For taxable years beginning prior to January 1, 2010, the total amount of net
tons, containers, or twenty-foot equivalent units (TEU's) of product transported
by way of a waterborne ship or vehicle through a port facility.
(B)
For all taxable years beginning on or after January 1, 2010, the total amount of
net tons, containers, or twenty-foot equivalent units (TEU's) of product
imported into this state or exported out of this state by way of a waterborne
ship or vehicle through a port facility.
(6)
'Product' means a marketable product or component of a product which has an
economic value to the wholesale or retail consumer and is ready to be used
without further alteration of its form or a product or material which is
marketed as a prepared material or is a component in the manufacturing and
assembly of other finished products.
(7)
'Qualified investment property' means all real and personal property purchased
or acquired by a taxpayer for use in the construction of an additional
manufacturing or telecommunications facility to be located in this state or in
the expansion of an existing manufacturing or telecommunications facility
located in this state, including, but not limited to, moneys expended on land
acquisition, improvements, buildings, building improvements, and machinery and
equipment to be used in the manufacturing or telecommunications facility. The
department shall promulgate rules defining eligible manufacturing facilities,
telecommunications facilities, and qualified investment property pursuant to
this Code section.
(b)(1)
In the case of any business enterprise which has increased its port traffic of
products during the previous 12 month period by more than 10 percent above its
base year port traffic and is qualified to claim a job tax credit under Code
Section 48-7-40
or
48-7-40.1 for jobs added at any time on or
after January 1, 1998, there shall be allowed an additional $1,250.00 job tax
credit against the tax imposed under this article.
(2)
The tax credit described in this subsection shall be allowed subject to the
conditions and limitations set forth in Code Section 48-7-40
or
48-7-40.1 and shall be in addition to the
credit allowed under Code Section 48-7-40
or
48-7-40.1; provided, however,
that
such credit shall not be allowed during a year if the port traffic does not
remain above the minimum level established in this Code section.
(c)
In the case of any business enterprise which has increased its port traffic of
products during the previous 12 month period by more than 10 percent above its
base year port traffic and is qualified to claim a tax credit under Code Section
48-7-40.2, 48-7-40.3, 48-7-40.4, 48-7-40.7, 48-7-40.8, or 48-7-40.9 upon
qualified investment property added at any time on or after January 1, 1998,
there shall be allowed a credit against the tax imposed under this article in an
amount equal to the applicable percentage amount otherwise allowed under Code
Section 48-7-40.2 or 48-7-40.7 to business enterprises for the cost of such
property. The tax credit described in this subsection shall be allowed subject
to the conditions and limitations set forth in Code Section 48-7-40.2 or
48-7-40.7, as applicable, except that such property may be placed in service in
any county without regard to its tier designation. Such credit shall also be in
lieu of and not in addition to the credit authorized under Code Sections
48-7-40.2, 48-7-40.3, 48-7-40.4, 48-7-40.7, 48-7-40.8, and
48-7-40.9.
(d)
No business enterprise shall be authorized to claim the credits provided for in
both subsections (b) and (c) of this Code section on a tax return for any
taxable year unless such business enterprise has increased its port traffic of
products during the previous 12 month period by more than 20 percent above its
base year port traffic, has increased employment by 400 or more no sooner than
January 1, 1998, and has purchased or acquired qualified investment property
having an aggregate cost in excess of $20 million no sooner than January 1,
1998.
(e)
The credit granted under this Code section shall be subject to the following
conditions and limitations:
(1)
For every year in which a taxpayer claims the credit, the taxpayer shall attach
a schedule to the taxpayer's state income tax return which shall set forth the
following information, as a minimum, in addition to the information required
under Code Sections
48-7-40,
48-7-40.1, and 48-7-40.2 or
48-7-40.7:
(A)
A description of how the base year port traffic and the increase in port traffic
was determined;
(B)
The amount of the base year port traffic;
(C)
The amount of the increase in port traffic for the taxable year, including
information which demonstrates an increase in port traffic in excess of the
minimum amount required to claim the tax credit under this Code
section;
(D)
Any tax credit utilized by the taxpayer in prior years;
(E)
The amount of tax credit carried over from prior years;
(F)
The amount of tax credit utilized by the taxpayer in the current taxable year;
and
(G)
The amount of tax credit to be carried over to subsequent tax
years.
(2)(A)
Any tax credit claimed under subsection (b) of this Code section but not used in
any taxable year may be carried forward for ten years from the close of the
taxable year in which the qualified jobs were established, provided that the
increase in port traffic remains above the minimum levels established in Code
Section 48-7-40
or
48-7-40.1 and this Code section,
respectively.
(B)
Any tax credit claimed under subsection (c) of this Code section in lieu of Code
Section 48-7-40.2, 48-7-40.3, or 48-7-40.4 but not used in any taxable year may
be carried forward for ten years from the close of the taxable year in which the
qualified investment property was acquired, provided that the increase in port
traffic remains above the minimum level established in this Code section and the
qualified investment property remains in service.
(3)(A)
Any tax credit claimed under subsection (c) of this Code section in lieu of Code
Section 48-7-40.7, 48-7-40.8, or 48-7-40.9 shall be allowed for the ensuing ten
taxable years following the taxable year the qualified investment property was
first placed in service, provided that the increase in port traffic remains
above the minimum level established in this Code section and the qualified
investment property remains in service.
(B)
The tax credit established by this Code section in lieu of Code Section
48-7-40.2, 48-7-40.3, or 48-7-40.4 and taken in any one taxable year shall be
limited to an amount not greater than 50 percent of the taxpayer's state income
tax liability which is attributable to income derived from operations in this
state for that taxable year.
(C)
The tax credit established by this Code section in addition to that pursuant to
Code Section 48-7-40
or
48-7-40.1 and taken in any one taxable
year shall be limited to an amount not greater than 50 percent of the taxpayer's
state income tax liability which is attributable to income derived from
operations in this state for that taxable year.
(D)
The sale, merger, acquisition, or bankruptcy of any taxpayer shall not create
new eligibility for any succeeding taxpayer, but any unused credit may be
transferred and continued by any transferee of the taxpayer."
SECTION
5.
Said
article is further amended by revising Code Section 48-7-40.17, relating to
establishing or relocating headquarters and tax credit, as follows:
"48-7-40.17.
(a)
As used in this Code section, the term:
(1)
'Average wage' means the average wage of the county in which a new quality job
is located as reported in the most recently available annual issue of the
Georgia Employment and Wages Averages Report of the Department of
Labor.
(2)
'New quality job' means employment for an individual which:
(A)
Is located in this state;
(B)
Has a regular work week of 30 hours or more;
(C)
Is not a job that is or was already located in Georgia regardless of which
taxpayer the individual performed services for;
and
(D)
Pays at or above 110 percent of the average wage of the county in which it is
located;
and
(E)
Has no predetermined end
date.
(b)
A taxpayer establishing new quality jobs in this state or relocating quality
jobs into this state which elects not to receive the tax credits provided for by
Code Sections 48-7-40, 48-7-40.1, 48-7-40.2, 48-7-40.3, 48-7-40.4, 48-7-40.7,
48-7-40.8, and 48-7-40.9 for such jobs and investments created by, arising from,
related to, or connected in any way with the same project and, within one year
of the first date on which the taxpayer pursuant to the provisions of Code
Section 48-7-101 withholds wages for employees in this state and employs at
least 50 persons in new quality jobs in this state, shall be allowed a credit
for taxes imposed under this article:
(1)
Equal to $2,500.00 annually per eligible new quality job where the job pays 110
percent or more but less than 120 percent of the average wage of the county in
which the new quality job is located;
(2)
Equal to $3,000.00 annually per eligible new quality job where the job pays 120
percent or more but less than 150 percent of the average wage of the county in
which the new quality job is located;
(3)
Equal to $4,000.00 annually per eligible new quality job where the job pays 150
percent or more but less than 175 percent of the average wage of the county in
which the new quality job is located;
(4)
Equal to $4,500.00 annually per eligible new quality job where the job pays 175
percent or more but less than 200 percent of the average wage of the county in
which the new quality job is located; and
(5)
Equal to $5,000.00 annually per eligible new quality job where the job pays 200
percent or more of the average wage of the county in which the new quality job
is located;
provided,
however, that where the amount of such credit exceeds a taxpayer's liability for
such taxes in a taxable year, the excess may be taken as a credit against such
taxpayer's quarterly or monthly payment under Code Section 48-7-103 but not to
exceed in any one taxable year the credit amounts in paragraphs (1) through (5)
of this subsection for each new quality job when aggregated with the credit
applied against taxes under this article. Each employee whose employer receives
credit against such taxpayer's quarterly or monthly payment under Code Section
48-7-103 shall receive a credit against his or her income tax liability under
Code Section 48-7-20 for the corresponding taxable year for the full amount
which would be credited against such liability prior to the application of the
credit provided for in this subsection. Credits against quarterly or monthly
payments under Code Section 48-7-103 and credits against liability under Code
Section 48-7-20 established by this subsection shall not constitute income to
the taxpayer. For each new quality job created, the credit established by this
subsection may be taken for the first taxable year in which the new quality job
is created and for the four immediately succeeding taxable years; provided,
however, that such new quality jobs must be created within seven years from the
close of the taxable year in which the taxpayer first becomes eligible for such
credit. Credit shall not be allowed during a year if the net employment
increase falls below the 50 new quality jobs required. Any credit received for
years prior to the year in which the net employment increase falls below the 50
new quality jobs required shall not be affected except as provided in subsection
(f) of this Code section. The
state
revenue commissioner shall adjust the
credit allowed each year for net new employment fluctuations above the 50 new
quality jobs required.
(c)
The number of new quality jobs to which this Code section shall be applicable
shall be determined by comparing the monthly average of new quality jobs subject
to Georgia income tax withholding for the taxable year with the corresponding
average for the prior taxable year.
(d)
Any credit claimed under this Code section but not used in any taxable year may
be carried forward for ten years from the close of the taxable year in which the
new quality jobs were established.
(e)
Notwithstanding Code Section 48-2-35, any tax credit claimed under this Code
section shall be claimed within one year of the earlier of the date the original
return was filed or the date such return was due as prescribed in subsection (a)
of Code Section 48-7-56, including any approved extensions.
(f)
If the
taxpayer has failed to maintain a new quality job in a taxable year, the
taxpayer shall forfeit the right to the credit claimed for such job in that
year. For each year such new quality job is not maintained, a taxpayer that
forfeits such right is therefore liable for all past taxes imposed by this
article for that taxable year and all past payments under Code Section 48-7-103
for that taxable year that were foregone by the state as a result of the credits
provided by this Code section; provided, however, that Code Section 48-2-40
shall not apply to any such forfeiture.
(g)
Taxpayers that initially claimed the credit under this Code section for any
taxable year beginning before January 1,
2009
2012,
shall be governed, for purposes of all such credits claimed as well as any
credits claimed in subsequent taxable years related to such initial claim, by
this Code section as it was in effect for the taxable year in which the taxpayer
made such initial claim.
(h)(g)
The state
revenue commissioner shall promulgate any
rules and regulations necessary to implement and administer this Code
section."
SECTION
6.
Said
article is further amended by revising Code Section 48-7-40.24, relating to the
job tax credit for business enterprises, to read as follows:
"48-7-40.24.
(a)
As used in this Code section, the term:
(1)
'Business enterprise' means any enterprise or organization, whether corporation,
partnership, limited liability company, proprietorship, association, trust,
business trust, real estate trust, or other form of organization which is
registered and authorized to use the federal employment verification system
known as 'E-Verify' or any successor federal employment verification system and
is engaged in or carrying on any business activities within this state, except
that such term shall not include retail businesses.
(2)
'Eligible full-time employee' means an individual holding a full-time employee
job created by a qualified project who:
(A)
Possesses a valid Georgia driver's license or identification card issued by the
Georgia
Department of Driver Services; or
(B)
Submits a notarized affidavit swearing to be a United States citizen or lawfully
present alien authorized to work in the United States.
(3)
'Force majeure' means any:
(A)
Explosions, implosions, fires, conflagrations, accidents, or
contamination;
(B)
Unusual and unforeseeable weather conditions such as floods, torrential rain,
hail, tornadoes, hurricanes, lightning, or other natural calamities or acts of
God;
(C)
Acts of war (whether or not declared), carnage, blockade, or
embargo;
(D)
Acts of public enemy, acts or threats of terrorism or threats from terrorists,
riot, public disorder, or violent demonstrations;
(E)
Strikes or other labor disturbances; or
(F)
Expropriation, requisition, confiscation, impoundment, seizure, nationalization,
or compulsory acquisition of the site or sites of a qualified project or any
part thereof;
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.
(4)(A)
'Full-time employee job' and 'full-time job'
means
mean
employment of an individual which:
(A)(i)
Is located in this state at the site or sites of a qualified project or the
facility or facilities resulting therefrom;
(B)(ii)
Involves a regular work week of 35 hours or more;
(C)(iii)
Has no predetermined end date; and
(D)(iv)
Pays at or above the average wage of the county with the lowest average wage in
the state, as reported in the most recently available annual issue of the
Georgia Employment and Wages Averages Report of the Department of
Labor.
(B)
For purposes of this
paragraph,:
(i)
leased
Leased
employees
will
shall
be considered employees of the company using their services and such persons may
be counted in determining the company's job tax credits under this Code section
if their employment otherwise
meets the
definition of full-time job contained
herein.
satisfies
subparagraph (A) of this paragraph;
(ii)
In
addition, an
An
individual's employment shall not be deemed to have a predetermined end date
solely by virtue of a mandatory retirement age set forth in a company policy of
general application. The employment of any individual in a bona fide executive,
administrative, or professional capacity, within the meaning of Section 13 of
the federal Fair Labor Standards Act of 1938, as amended, 29 U.S.C. Section
213(a)(1), as such act existed on January 1, 2002, shall not be deemed to have a
predetermined end date solely by virtue of the fact that such employment is
pursuant to a fixed-term contract, provided that such contract is for a term of
not less than one
year.;
and
(iii)
When there is a merger or acquisition of another company by a business
enterprise whose application for a qualified project has been approved, the
existing jobs in this state shall not be counted in calculating the job creation
requirement and the credit calculation necessary to qualify for the tax credit
under this Code section. Only additional jobs added in this state that meet the
requirements of this Code section shall be counted for purposes of calculating
the job creation requirement and the credit calculation.
(5)
'Job creation requirement' means the requirement that no later than the close of
the sixth taxable year following the withholding start date, the business
enterprise will have a minimum of 1,800 eligible full-time employees.
If at the
close of the sixth taxable year following the withholding start date a minimum
of $600 million in qualified investment property has been purchased or acquired
by the business enterprise to be used with respect to a qualified project, the
job creation requirement shall be extended for an additional two-year period.
If at the close of the eighth taxable year following the withholding start date
a minimum of $800 million in qualified investment property has been purchased or
acquired by the business enterprise to be used with respect to a qualified
project, the job creation requirement shall be extended for an additional
four-year period after the sixth taxable year following the withholding start
date.
(6)
'Job maintenance requirement' means the requirement that, with respect to each
year in the recapture period, the monthly average number of eligible full-time
employees employed by the business enterprise, determined as prescribed by
subsection (l) of this Code section, must equal or exceed 1,800.
(7)
'Payroll maintenance requirement' means the requirement that, with respect to
each year in the recapture period, the total annual Georgia W-2 reported payroll
with respect to a qualified project must equal or exceed $150
million.
(8)
'Payroll requirement' means the requirement that no later than the close of the
sixth taxable year following the withholding start date, the business enterprise
will have a minimum of $150 million in total annual Georgia W-2 reported payroll
with respect to a qualified project.
(9)
'Qualified investment property' means all real and personal property purchased
or acquired by a taxpayer for use in a qualified project, including, but not
limited to, amounts expended on land acquisition, improvements, buildings,
building improvements, and any personal property to be used in the facility or
facilities.
(10)
'Qualified investment property requirement' means the requirement that by the
close of the sixth taxable year following the withholding start
date,
a minimum of $450 million in qualified investment property will have been
purchased or acquired by the business enterprise to be used with respect to a
qualified project.
(11)
'Qualified project' means a project which meets the job creation requirement and
either the payroll requirement or qualified investment property requirement. If
the taxpayer selects the qualified investment property requirement as one of the
conditions for its project, the property shall involve the construction of one
or more new facilities in this state or the expansion of one or more existing
facilities in this state. For purposes of this paragraph, the term 'facilities'
means all facilities comprising a single project, including noncontiguous
parcels of land, improvements to such land, buildings, building improvements,
and any personal property that is used in the facility or
facilities.
(12)
'Recapture period' means the period of five consecutive taxable years that
commences after the first taxable year in which a business enterprise has
satisfied the job creation requirement and either the payroll requirement or the
qualified investment property requirement, as selected by the
taxpayer.
(13)
'Withholding start date' means the date on which the business enterprise begins
to withhold Georgia income tax from the wages of its employees located at the
site or sites of a qualified project.
(b)
A business enterprise that is planning a qualified project shall be allowed to
take the job tax credit provided by this Code section under the following
conditions:
(1)
An application is filed with the commissioner that:
(A)
Describes the qualified project to be undertaken by the business enterprise,
including when such project will commence and the expected withholding start
date;
(B)
Certifies that such project will meet the job creation requirement and either
the payroll requirement or the qualified investment property requirement
prescribed by this Code section; and
(C)
Certifies that during the recapture period applicable to such project the
business enterprise will meet the job maintenance requirement and, if
applicable, the payroll maintenance requirement prescribed by this Code
section;
(2)
Following the commissioner's referral of the application to a panel composed of
the commissioner of community affairs, the commissioner of economic development,
and the director of the Office of Planning and Budget,
said
the
panel, after reviewing the application, certifies that the new or expanded
facility or facilities will have a significant beneficial economic effect on the
region for which they are planned. The panel shall make its determination
within 30 days after receipt from the commissioner of the taxpayer's application
and any necessary supporting documentation. Although the panel's certification
may be based upon other criteria, a project that meets the minimum job creation
requirement and either the payroll requirement or qualified investment property
requirement, as applicable, specified in paragraph (1) of this subsection will
have a significant beneficial economic effect on the region for which it is
planned if one of the following additional criteria is met:
(A)
The project will create new full-time employee jobs with average wages that are,
as determined by the Department of Labor, for all jobs for the county in
question:
(i)
Twenty percent above such average wage for projects located in tier 1
counties;
(ii)
Ten percent above such average wage for projects located in tier 2 counties;
or
(iii)
Five percent above such average wage for projects located in tier 3 or tier 4
counties; or
(B)
The project demonstrates high growth potential based upon the prior year's
Georgia net taxable income growth of over 20 percent from the previous year, if
the taxpayer's Georgia net taxable income in each of the two preceding years
also grew by 20 percent or more.
(c)
Any lease for a period of five years or longer of any real or personal property
used in a new or expanded facility or facilities which would otherwise
constitute qualified investment property shall be treated as the purchase or
acquisition thereof by the lessee. The taxpayer may treat the full value of the
leased property as qualified investment property in the year in which the lease
becomes binding on the lessor and the taxpayer.
(d)
A business enterprise whose application is approved shall be allowed a tax
credit for taxes imposed under this article equal to $5,250.00 annually per new
eligible full-time employee job for five years beginning with the year in which
such job is created through year five after such creation; provided, however,
that where the amount of such credit exceeds a business enterprise's liability
for such taxes in a taxable year, the excess may be taken as a credit against
such business enterprise's quarterly or monthly payment under Code Section
48-7-103. The taxpayer may file an election with the commissioner to take such
credit against quarterly or monthly payments under Code Section 48-7-103 that
become due before the due date of the income tax return on which such credit may
be claimed. In the event of such an election, the commissioner shall confirm
with the taxpayer a date, which shall not be later than 30 days after receipt of
the taxpayer's election, when the taxpayer may begin to take the credit against
such quarterly or monthly payments. For any one taxable year the amounts taken
as a credit against taxes imposed under this article and against the business
enterprise's quarterly or monthly payments under Code Section 48-7-103 may not
in the aggregate exceed $5,250.00 per eligible full-time employee job. Each
employee whose employer receives credit against such business enterprise's
quarterly or monthly payment under Code Section 48-7-103 shall receive a credit
against his or her income tax liability under Code Section 48-7-20 for the
corresponding taxable year for the full amount which would be credited against
such liability prior to the application of the credit provided for in this
subsection. Credits against quarterly or monthly payments under Code Section
48-7-103 and credits against liability under Code Section 48-7-20 established by
this subsection shall not constitute income to the taxpayer. To qualify for a
credit under this subsection, the employer must make health insurance coverage
available to the employee filling the new full-time job; provided, however, that
nothing in this subsection shall be construed to require the employer to pay for
all or any part of health insurance coverage for such an employee in order to
claim the credit provided for in this subsection if such employer does not pay
for all or any part of health insurance coverage for other
employees.
(e)
The number of new full-time jobs to which this Code section shall be applicable
shall be determined by comparing the monthly average number of eligible
full-time employees subject to Georgia income tax withholding for the taxable
year with the corresponding period for the prior taxable year.
(f)
The
Subject to the
requirements of division (a)(4)(B)(iii) of this Code section,
the sale, merger, acquisition, or
bankruptcy of any business enterprise shall not create new eligibility in any
succeeding business entity, but any unused job tax credit may be transferred and
continued by any transferee of the business enterprise.
(g)
To qualify for the credit provided by this Code
section,
a new full-time job must be created by the close of the seventh taxable year
following the business enterprise's withholding start
date, unless
the purchase or acquisition of qualified investment property is made as provided
in paragraph (5) of subsection (a) of this Code section, in which case a new
full-time job must be created by the close of the eighth taxable year following
the business enterprise's withholding start date based on a $600 million
qualified investment or the end of the tenth taxable year based on an $800
million qualified investment. 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.
(h)
Any credit claimed under this Code section but not fully used in the manner
prescribed in subsection (d) of this Code section may be carried forward for ten
years from the close of the taxable year in which the qualified job was
established.
(i)
Except as provided in subsection (g) of this Code section, a taxpayer who is
entitled to and takes credits provided by this Code section for a qualified
project shall not be allowed to take any of the credits authorized by Code
Section 48-7-40, 48-7-40.1, 48-7-40.2, 48-7-40.3, 48-7-40.4, 48-7-40.6,
48-7-40.7, 48-7-40.8, 48-7-40.9, 48-7-40.10, 48-7-40.11, 48-7-40.15, 48-7-40.17,
or 48-7-40.18 for jobs, investments, child care, or ground-water usage shifts
created by, arising from, related to, or connected in any way with the same
project. Provided such taxpayer otherwise qualifies, such taxpayer may take any
credit authorized by Code Section 48-7-40.5 for the costs of retraining an
employee located at the site or sites of such project or the facility or
facilities resulting therefrom, but only for costs incurred more than five years
after the date the facility or facilities first become operational.
(j)
Except under those circumstances described in subsection (k) of this Code
section, the taxpayer shall, not more than 60 days after the close of the sixth
taxable year following its withholding start date, file a report with the
commissioner concerning the number of eligible full-time employee jobs created
by such project; the wages of such jobs; the qualified investment property
purchased or acquired by the taxpayer for the project; and any other information
that the commissioner may reasonably require in order to determine whether the
taxpayer has met the job creation requirement and either the payroll requirement
or the qualified investment property requirement, as selected by the taxpayer,
for such project. If the taxpayer has failed to meet any applicable job
creation, payroll, or qualified investment property requirement, the taxpayer
will
shall
forfeit the right to claim any credits provided by this Code section for such
project. A taxpayer that forfeits the right to claim such credits is liable for
all past taxes imposed by this article and all past payments under Code Section
48-7-103 that were foregone by the state as a result of the credits, plus
interest at the rate established by Code Section 48-2-40 computed from the date
such taxes or payments would have been due if the credits had not been taken.
No later than 90 days after notification from the commissioner that any
applicable job creation, payroll, or qualified investment property requirement
was not met, the taxpayer shall file amended income tax and withholding tax
returns for all affected periods that recalculate those liabilities without
regard to the forfeited credits and shall pay any additional amounts shown on
such returns, with interest as provided
herein
by Code
Section 48-2-40. On such amended returns
the taxpayer may claim any credit to which it would have been entitled under
this article but for having taken the credit provided by this Code
section.
(k)
If the recapture period applicable to a qualified project begins with or before
the sixth taxable year following the taxpayer's withholding start
date, or with
or before the eighth taxable year following the taxpayer's withholding start
date if the project falls within the $600 million in qualified investment
property category, or within the tenth taxable year following the taxpayer's
withholding start date if the project falls within the $800 million in qualified
investment property category, the taxpayer
shall, not later than 60 days after the close of the taxable year immediately
preceding the recapture period, file a report with the commissioner concerning
the number of eligible full-time employee jobs created by such project; the
wages of such jobs; the qualified investment property purchased or acquired by
the taxpayer for the project; and any other information that the commissioner
may reasonably require in order to verify that the taxpayer met the job creation
requirement and either the payroll requirement or the qualified investment
property requirement in such preceding year.
(l)
Not more than 60 days after the close of each taxable year within the recapture
period, the taxpayer shall file a report, using such form and providing such
information as the commissioner may reasonably require, concerning whether it
met the job maintenance requirement and, if applicable, the payroll maintenance
requirement for such year. For purposes of this subsection, whether such job
maintenance requirement has been satisfied shall be determined by comparing the
monthly average number of eligible full-time employees subject to Georgia income
tax withholding for the taxable year with 1,800. For purposes of this
subsection, whether such payroll maintenance requirement has been satisfied
shall be determined by comparing the total annual Georgia W-2 reported payroll
with respect to a qualified project for the taxable year with $150 million. If
the taxpayer has failed to meet the job maintenance requirement or payroll
maintenance requirement, or both, for such year, the taxpayer
will
shall
forfeit the right to 20 percent of all credits provided by this Code section for
such project. A taxpayer that forfeits such right is liable for 20 percent of
all past taxes imposed by this article and all past payments under Code Section
48-7-103 that were foregone by the state as a result of the credits provided by
this Code section, plus interest at the rate established by Code Section 48-2-40
computed from the date such taxes or payments would have been due if the credits
had not been taken. No later than 90 days after notification by the
commissioner that the taxpayer has failed to meet the job maintenance
requirement or payroll maintenance requirement, or both, for such year, the
taxpayer shall file amended income tax and withholding tax returns for all
affected periods that recalculate those liabilities without regard to the
forfeited credits and shall pay any additional amounts shown on such returns,
with interest as provided
herein
by Code
Section 48-2-40.
(m)
A taxpayer
who
that
fails to meet the job maintenance requirement or payroll maintenance
requirement, or both, for any taxable year within the recapture period because
of force majeure may petition the commissioner for relief from such requirement.
Such a petition must be made with and at the same time as the report required by
subsection (l) of this Code section. If the commissioner determines that force
majeure materially affected the taxpayer's ability to meet the job maintenance
requirement or payroll maintenance requirement, or both, for such year, but that
the portion of the year so affected was six months or less, for purposes of the
job maintenance requirement the commissioner shall calculate the taxpayer's
monthly average number of eligible full-time employees for purposes of
subsection (l) of this Code section by disregarding the affected months and for
purposes of the payroll maintenance requirement the commissioner shall annualize
the total Georgia W-2 reported payroll with respect to a qualified project for
the portion of the year not so affected. If the commissioner determines that
the affected portion of the year was more than six months, the taxable year
shall be disregarded in its entirety for purposes of the job maintenance
requirement or payroll maintenance requirement, or both, and the recapture
period applicable to the qualified project shall be extended for an additional
year.
(n)
Unless more time is allowed therefor by Code Section 48-7-82 or 48-2-49, the
commissioner may make any assessment attributable to the forfeiture of credits
claimed under this Code section for the periods covered by any amended returns
filed by a taxpayer pursuant to subsection (j) or (l) of this Code section
within one year from the date such returns are filed. If the taxpayer fails to
file the reports or any amended return required by subsection (j) or (l) of this
Code Section, the commissioner may assess additional tax or other amounts
attributable to the forfeiture of credits claimed under this Code section at any
time.
(o)
Projects certified by the panel pursuant to paragraph (2) of subsection (b) of
this Code section before January 1, 2009, shall be governed by this Code section
as it was in effect for the taxable year the project was certified.
(p)
The commissioner shall promulgate any rules and regulations necessary to
implement and administer this Code section."
SECTION
7.
(a)
This Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval and shall be applicable to all taxable years
beginning on or after January 1, 2012.
(b)
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
January 1, 2012.
(c)
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 January 1, 2012.
SECTION
8.
All
laws and parts of laws in conflict with this Act are repealed.
