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House Bill 167
By: Representatives Stancil of the 16th, Pinholster of the 15th, Ehrhart of the 36th, Wiles of the 34th and Smith of the 19th



A BILL TO BE ENTITLED
AN ACT

To amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, so as to provide for income tax credits with respect to telecommuting; to provide for conditions, limitations, and exclusions; to provide for authority of the state revenue commissioner with respect to the foregoing; to provide an effective date; to provide for applicability; 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 the imposition, rate, and computation of income tax, is amended by adding a new Code section immediately following Code Section 48_7_29.7, to be designated Code Section 48_7_29.8, to read as follows:
"48_7_29.8.
(a) An employer shall be allowed a state income tax credit against the tax imposed by this chapter for each employee who telecommutes, in an amount equal to $2,500.00 per employee.
(b) An employee with respect to whom an employer is allowed the income tax credit under subsection (a) of this Code section shall be allowed a state income tax credit against the tax imposed by this chapter in an amount equal to $1,000.00.
(c) In no event shall the total amount of any tax credit under this Code section for a taxable year exceed the taxpayer´s income tax liability. Any unused tax credit shall be allowed to be carried forward to apply to the taxpayer´s next three succeeding years´ tax liability. No such tax credit shall be allowed the taxpayer against prior years´ tax liability.
(d) The commissioner shall promulgate any rules and regulations necessary to implement and administer this Code section. Such rules and regulations shall include, but not be limited to, a minimum telecommuting requirement of one workday per week by the employee in order to obtain the credits authorized under this Code section."

SECTION 2.
This Act shall become effective on January 1, 2002, and shall be applicable to all taxable years beginning on or after January 1, 2002.

SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.