05 LC 18
4202
House
Bill 538
By:
Representatives O`Neal of the
146th,
Fleming of the
117th,
Smith of the
129th,
Keen of the
179th,
and Rynders of the
152nd
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating
to income taxes, so as to provide for certain benefits for members of the
national guard or reserve components of the armed services of the United States;
to provide for state income tax exclusion; to provide for procedures,
conditions, and limitations; to provide for certain automatic license or
registration extension; to provide for an exemption regarding continuing
education requirements; to provide for nonapplicability; to provide for related
matters; to provide an effective date; to repeal conflicting laws; and for
other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
7 of Title 48 of the Official Code of Georgia Annotated, relating to income
taxes, is amended by adding a new Code section at the end of Article 1, relating
to general provisions, to be designated Code Section 48-7-6, to read as
follows:
"48-7-6.
(a)
In addition to the adjustments provided for under Code Section 48-7-27, for all
taxable years beginning on or after January 1, 2002, Georgia taxable net income
of an individual shall be the
taxpayeŕs
federal adjusted gross income, as defined in the federal Internal Revenue Code
of 1986, as amended, less all income received by a member of the national guard
or any reserve component of the armed services of the United States who serves
on active duty for at least 90 consecutive days. The exclusion provided under
this subsection:
(1)
Shall be claimed and allowed in the year in which the majority of such days are
served. In the event an equal number of consecutive days are served in two
calendar years, then the exclusion shall be claimed and allowed in the year in
which the ninetieth day occurs;
(2)
Shall apply with respect to each taxable year in which such member serves for
such qualifying period of time; and
(3)
Shall apply only with respect to such member of the national guard or any
reserve component of the armed forces and with respect to all military income
and all other income earned during the taxable year by such member.
(b)
Notwithstanding any provision of law to the contrary, any member of the national
guard or any reserve component of the armed services of the United States who
serves on active duty for at least 90 consecutive days shall by operation of
this subsection automatically be granted an extension, without fee charged for
such extension, of any annual license or registration otherwise required under
any other provision of law by the state or any agency, department, board,
bureau, or commission of the state. Such extension shall continue until the
otherwise regular expiration date which occurs in the year next succeeding the
year in which such active duty ceases.
(c)
Notwithstanding any provision of law to the contrary, any member of the national
guard or any reserve component of the United States who qualifies for the
license or registration extension under subsection (b) of this Code section
shall be exempt from any continuing education requirements during such automatic
extension period.
(d)
Subsections (b) and (c) of this Code section shall not apply to
attorneys."
SECTION
2.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.