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CODE OF GEORGIA OFFICIAL ANNOTATED 2015 Supplement Including Acts of the 2015 Regular Session of the General Assembly Prepared by The Code Revision Commission The Office of Legislative Counsel and The Editorial Staff of LexisNexis® Published Under Authority of the State of Georgia Volume 36 2010 Edition — Title 48. Revenue and Taxation (Chapters 1 6) Including Annotations to the Georgia Reports and the Georgia Appeals Reports Place in Pocket of Corresponding Volume of Main Set LexisNexis® Charlottesville, Virginia — © Copyright 2011 2015 BY The State of Georgia All rights reserved. ISBN 978-0-327-11074-3 (set) ISBN 978-1-4224-6360-4 5015632 (Pub.41805) THIS SUPPLEMENT CONTAINS Statutes: All laws specifically codified by the General Assembly of the State of Georgia through the 2015 Regular Session of the General Assembly. Annotations of Judicial Decisions: Case annotations reflecting decisions posted to LexisNexis® through April 2015. These annotations will appear in the following traditional 3, reporter sources: Georgia Reports; Georgia Appeals Reports; Southeast- ern Reporter; Supreme Court Reporter; Federal Reporter; Federal Supplement; Federal Rules Decisions; Lawyers’ Edition; United States Reports; and Bankruptcy Reporter. Annotations of Attorney General Opinions: Constructions of the Official Code of Georgia Annotated, prior Codes of Georgia, Georgia Laws, the Constitution of Georgia, and the Consti- tution of the United States by the Attorney General of the State of Georgia posted to LexisNexis® through April 2015. 3, Other Annotations: References to: Emory Bankruptcy Developments Journal. Emory Law International Review. Emory Law Journal. Georgia Journal of International and Comparative Law. Law Georgia Review. Law Georgia State University Review. John Marshall Law Review. Mercer Law Review. Georgia State Bar Journal. Georgia Journal of Intellectual Property Law. American Jurisprudence, Second Edition. American Jurisprudence, Pleading and Practice. American Jurisprudence, Proof of Facts. American Jurisprudence, Trials. Corpus Juris Secundum. Uniform Laws Annotated. American Law Reports, First through Sixth Series. American Law Reports, Federal. Tables: In Volume 41, a Table Eleven-A comparing provisions of the 1976 Constitution of Georgia to the 1983 Constitution of Georgia and a Table Eleven-B comparing provisions of the 1983 Constitution of Georgia to the 1976 Constitution of Georgia. An updated version of Table Fifteen which reflects legislation through the 2015 Regular Session of the General Assembly. • • • in Indices: A cumulative replacement index to laws codified in the 2015 supplement pamphlets and in the bound volumes of the Code. Contacting LexisNexis®: Visit our Website at http://www.lexisnexis.com for an online book- store, technical support, customer service, and other company informa- tion. If you have questions or suggestions concerning the Official Code of Georgia Annotated, please write or call toll free at 1-800-833-9844, fax at 1-518-487-3584, or email us at [email protected]. Direct written inquiries to: LexisNexis® Attn: Official Code of Georgia Annotated 701 East Water Street Charlottesville, Virginia 22902-5389 IV TITLE 48 REVENUE AND TAXATION VOLUME 36 Chap. 1 General Provisions, 48-1-1 through 48-1-10. . 2 State Administrative Organization, Administration, and . Enforcement, 48-2-1 through 48-2-115. 3. Tax Executions, 48-3-1 through 48-3-29. 4. Tax Sales, 48-4-1 through 48-4-112. 5 Ad Valorem Taxation of Property, 48-5-1 through 48-5-546. . 5B. Moratorium Period for Valuation Increases in Property, 48-5B-1 [Repealed]. 5C. Alternative Ad Valorem Tax on Motor Vehicles, 48-5C-1. 6 Taxation of Intangibles, 48-6-1 through 48-6-98. . VOLUME 37 7. Income Taxes, 48-7-1 through 48-7-170. 8 Sales and Use Taxes, 48-8-1 through 48-8-278. . 9. Motor Fuel and Road Taxes, 48-9-1 through 48-9-46. 11 Taxes on Tobacco Products, 48-11-1 through 48-11-30. . 12 Estate Tax, 48-12-1. . 13. Specific, Business, and Occupation Taxes, 48-13-1 through 48-13-128. CHAPTER 1 GENERAL PROVISIONS Sec. 48-1-2. Definitions. 2015 Supp. 1 48-1-1 REVENUE AND TAXATION 48-1-2 48-1-1. Short title. JUDICIAL DECISIONS Cited in City of Atlanta v. City of Col- lege Park, 292 Ga. 741, 741 S.E.2d 147 (2013). 48-1-2. Definitions. As used in this title, the term: (1) “Agency” means any department, commission, institution, office, or officer of this state. (2) “Aircraft” means any contrivance used or designed for navigation or flight through the air. (3) “Airline company” means any person who undertakes, directly or indirectly, to engage in the scheduled transportation by aircraft of persons or property for hire in intrastate, interstate, or international transportation. (4) “Commissioner” means the state revenue commissioner. “Contraband means: (5) article” Any (A) unauthorized, false, forged, altered, or counterfeit revenue stamp or marking, prima facie evidencing the payment of any tax imposed by the revenue laws of this state; (B) Any article, plate, die, stamp, machine, apparatus, para- phernalia, or other device or material designed for use, intended to be used, or used in the making of any unauthorized, false, forged, altered, or counterfeit revenue stamp or marking described in subparagraph (A) of this paragraph; or (C) Any article or property to which any unauthorized, false, forged, altered, or counterfeit revenue stamp or marking prima facie evidencing the payment of any tax imposed by the revenue laws of this state is attached or affixed. (6) “Department” means the Department of Revenue. “Deputy commissioner” means the deputy revenue commis- (7) sioner. (8) “Domestic,” when applied to any corporation or association (including, but not limited to, a partnership), means created, organized, or domiciled in this state. (9) “Fiduciary” means a guardian, trustee, executor, administrator, receiver, conservator, or any person, whether individual or corporate, acting in any fiduciary capacity for any person. 2 2015 Supp. 48-1-2 GENERAL PROVISIONS 48-1-2 (10) Reserved. (11) “Foreign,” when applied to any corporation or association (including, but not limited to, a partnership), means created or organized outside this state. (12) “Individual” means a natural person. (13) “Intangible personal property” means the capital stock of all corporations; money, notes, bonds, accounts, or other credits, secured or unsecured; patent rights, copyrights, franchises, and any other classes and kinds of property defined by law as intangible personal property. (14) “Internal Revenue Code” or “Internal Revenue Code of 1986” means for taxable years beginning on or after January 2014, the 1, provisions of the United States Internal Revenue Code of 1986, as amended, provided for in federal law enacted on or before January 1, 2015, except that Section 85(c), Section 108(i), Section 163(e)(5)(F), Section 164(a)(6), Section 164(b)(6), Section 168(b)(3)(I), Section 168(e)(3)(B)(vii), Section 168(e)(3)(E)(ix), Section 168(e)(8), Section 168(k) (but not excepting Section 168(k)(2)(A)(i), Section 168(k)(2)(D)(i), and Section 168(k)(2)(E), Section 168(m), Section 168(n), Section 172(b)(1) (H), Section 172(b)(l)( J), Section 172(j), Section 179(f), Section 199, Section 810(b)(4), Section 1400L, Section 1400N(d)(l), Section 1400N(f), Section 1400N(j), Section 1400N(k), and Section 1400N(o) of the Internal Revenue Code of 1986, as amended, shall be treated as if they were not in effect, and except that Section 168(e)(7), Section 172(b)(1)(F), Section 172(i)(l), and Section 1221 ofthe Internal Revenue Code of 1986, as amended, shall be treated as they were in effect before the 2008 enactment of federal Public Law 110-343, and except that Section 163(i)(l) of the Internal Revenue Code of 1986, as amended, shall be treated as it was in effect before the 2009 enactment of federal Public Law 111-5, and except that Section 13(e)(4) of 2009 federal Public Law 111-92 shall be treated as if it was not in effect, and except that the limitations provided in Section 179(b)(1) shall be $250,000.00 for tax years beginning in 2010, shall be $250,000.00 for tax years beginning in 2011, shall be $250,000.00 for tax years beginning in 2012, shall be $250,000.00 for tax years beginning in 2013, and shall be $500,000.00 for tax years beginning in 2014, and except that the limitations provided in Section 179(b)(2) shall be $800,000.00 for tax years beginning in 2010, shall be $800,000.00 for tax years beginning in 2011, shall be $800,000.00 for tax years beginning in 2012, shall be $800,000.00 for tax years beginning in 2013, and shall be $2 million for tax years beginning in 2014, and provided that Section 1106 of federal Public Law 112-95 as amended by federal Public Law 113-243 shall be treated as if it is in effect, except the phrase “Code Section 2015 Supp. 3 48-1-2 REVENUE AND TAXATION 48-1-2 48-2-35 (or, if later, November 15, 2015)” shall be substituted for the phrase “section 6511(a) of such Code (or, if later, April 15, 2015),” and notwithstanding any other provision in this title, no interest shall be refunded with respect to any claim for refund filed pursuant to Law Section 1106 of federal Public 112-95. In the event a reference is made in this title to the Internal Revenue Code or the Internal Revenue Code of 1954 as it existed on a specific date prior to January 2015, the term means the provisions of the Internal Revenue Code 1, or the Internal Revenue Code of 1954 as it existed on the prior date. Unless otherwise provided in this title, any term used in this title shall have the same meaning as when used in a comparable provision or context in the Internal Revenue Code of 1986, as amended. For taxable years beginning on or after January 2014, provisions of the 1, Internal Revenue Code of 1986, as amended, which were as of January 2015, enacted into law but not yet effective shall become 1, effective for purposes of Georgia taxation on the same dates upon which they become effective for federal tax purposes. (14.1) “Internal Revenue Code” or “Internal Revenue Code of 1986” means for taxable years beginning after December 31, 2005, but before January 2007, the provisions of the United States Internal 1, Revenue Code of 1986, as amended, provided for in federal law enacted on or before January 2006, except that Section 168(k) (but 1, not excepting Section 168(k)(2)(A)(i), Section 168(k)(2)(D)(i), and Section 168(k)(2)(E)), Section 199, Section 1400L, Section 1400N(d)(l), Section 1400N(j), and Section 1400N(k) of the Internal Revenue Code of 1986, as amended, shall be treated as if they were not in effect, and except that the following provisions shall be as amended by the federal Tax Relief and Health Care Act of 2006 (Pub. L. No. 109-432) as such federal act existed on December 20, 2006, and effective for purposes of Georgia taxation on the same dates upon which they became effective for federal tax purposes pursuant to said federal act: Sections 38, 41, 45A, 45N, 51, 51A, 61, 62, 106, 121, 143, 164, 168 (except 168(k) but not excepting 168(k)(2)(A)(i), 168 (k)(2)(D)(i), and 168(k)(2)(E)), 170, 179E, 198, 220, 222, 223, 263, 280C, 312, 355, 613A, 954, 1043, 1221, 1245, 1355, 1397E, 1400A, 1400B, 7623, and 7872. For such taxable years, provisions of the Internal Revenue Code of 1986, as amended, which were as of January 2006, enacted into law but not yet effective shall be 1, effective for purposes of Georgia taxation on the same dates upon which they become effective for federal tax purposes. The provisions of this paragraph shall supersede and control over any provision of paragraph (14) of this Code section to the contrary. (14.2) “Internal Revenue Code” or “Internal Revenue Code of 1986” means for taxable years beginning after December 31, 2006, but before January 2008, the provisions of the United States Internal 1, 4 2015 Supp. 48-1-2 GENERAL PROVISIONS 48-1-2 Revenue Code of 1986, as amended, provided for in federal law enacted on or before January 2008, except that Section 168(k) (but 1, not excepting Section 168(k)(2)(A)(i), Section 168(k)(2)(D)(i), and Section 168(k)(2)(E)), Section 199, Section 1400L, Section 1400N(d)(l), Section 1400N(j), and Section 1400N(k) of the Internal Revenue Code of 1986, as amended, shall be treated as if they were not in effect. For such taxable years, provisions of the Internal Revenue Code of 1986, as amended, which were as of January 1, 2008, enacted into law but not yet effective shall be effective for purposes of Georgia taxation on the same dates upon which they become effective for federal tax purposes. The provisions of this paragraph shall supersede and control over any provision of paragraph (14) of this Code section to the contrary. (14.3) “Internal Revenue Code” or “Internal Revenue Code of 1986” means for taxable years beginning after December 31, 2007, but before January 2009, the provisions of the United States Internal 1, Revenue Code of 1986, as amended, provided for in federal law enacted on or before January 2009, except that Section 168(b)(3)(I), 1, Section 168(e)(3)(B)(vii), Section 168(e)(3)(E)(ix), Section 168(e)(8), Section 168(k) (but not excepting Section 168(k)(2)(A)(i), Section 168(k)(2)(D)(i), and Section 168(k)(2)(E)), Section 168(m), Section 168(n), Section 172(b)(1)(F), Section 172(b)(l)( J), Section 172(j), Section 199, Section 1400L, Section 1400N(d)(l), Section 1400N(f), Section 1400N(j), Section 1400N(k), and Section 1400N(o) of the Internal Revenue Code of 1986, as amended, shall be treated as if they were not in effect, and except that Section 168(e)(7), Section 172(i)(l), and Section 1221 of the Internal Revenue Code of 1986, as amended, shall be treated as they were in effect before the 2008 enactment of federal Public Law 110-343. For such taxable years, provisions of the Internal Revenue Code of 1986, as amended, which were as of January 2009, enacted into law but not yet effective 1, shall be effective for purposes of Georgia taxation on the same dates upon which they become effective for federal tax purposes. The provisions of this paragraph shall supersede and control over any provision of paragraph (14) of this Code section to the contrary. (15) “Internal Revenue Service” or “IRS” means the Internal Rev- enue Service of the United States Department of the Treasury. (16) “Member of the armed forces” means commissioned officers and personnel below the grade of commissioned officers in all regular and reserve components of the uniformed services subject to the jurisdiction of the United States Department of Defense. The term also includes the Coast Guard, but it does not include civilian employees of the armed forces. (17) “Municipality” means an incorporated municipality in this state. 2015 Supp. 5 48-1-2 REVENUE AND TAXATION 48-1-2 (18) “Person” means any individual, firm, partnership, coopera- tive, nonprofit membership corporation, joint venture, association, company, corporation, agency, syndicate, estate, trust, business trust, receiver, fiduciary, or other group or combination acting as a unit, body politic, or political subdivision, whether public, private, or quasi-public. (19) “Personal property” means all tangible personal property and all intangible personal property, as the terms are defined in this Code section. (20) “Personal representative” means the duly qualified and acting personal representative of the estate of a decedent or, if there is no duly qualified and acting representative, the person in possession of any property of the decedent. (21) “Public utility” means all railroad companies, street and suburban railroads, or sleeping car companies; persons or companies operating railroads, street railroads, suburban railroads, or sleeping cars in this state; all express companies including railroad companies doing express, telephone, or telegraph business (except small telephone companies or persons operating a telephone business, the value of whose capital stock or property is less than $5,000.00); all gas, electric light, electric power, hydroelectric power, steam heat, refrigerated air, dockage or cranage, canal, toll road, toll bridge, railroad equipment, and navigation companies; and any person or persons operating a gas, electric light, electric power, hydroelectric power, steam heat, refrigerated air, dockage or cranage, canal, toll road, toll bridge, railroad equipment, or navigation business, through their president, general manager, owner, or agent having control of the company’s offices in this state. (22) “Tangible personal property” means personal property which may be seen, weighed, measured, felt, or touched or which is in any other manner perceptible to the senses. The term “tangible personal property” shall not include intangible personal property. This paragraph shall not apply to Chapter 8 of this title relating to sales and use taxation. (23) “Tax collector” means a county tax collector. (24) “Tax commissioner” means a county tax commissioner. (25) “Taxpayer” means any person required by law to file a return or to pay taxes. (26) “Tax receiver” means a county tax receiver. (Code 1933, § 91A-102, enacted by Ga. L. 1978, p. 309, § 2; Ga. L. 1979, p. 5, § 2; Ga. L. 1981, p. 1857, § 2; Ga. L. 1981, p. 1903, § 1; Ga. L. 1982, p. 3, § 48; Ga. L. 1984, p. 1323, § 1; Ga. L. 1987, p. 191, § 1; Ga. L. 1988, 6 2015 Supp.