PocketLaw | Georgia Code | Computation of Taxable Net Income

Computation of Taxable Net Income

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Georgia taxable net income of an individual shall be the taxpayer's federal adjusted gross income, as defined in the United States Internal Revenue Code of 1986, less:
1. Either the sum of all itemized nonbusiness deductions used in computing federal taxable income if the taxpayer used itemized nonbusiness deductions in computing federal taxable income or, if the taxpayer could not or did not itemize nonbusiness deductions, then a standard deduction as provided for in the following subparagraphs:
  1. In the case of a single taxpayer or a head of household, $4,600.00;
  2. In the case of a married taxpayer filing a separate return, $3,000.00;
  3. In the case of a married couple filing a joint return, $6,000.00;
  4. An additional deduction of $1,300.00 for the taxpayer if the taxpayer has attained the age of 65 before the close of the taxpayer's taxable year. An additional deduction of $1,300.00 for the spouse of the taxpayer shall be allowed if a joint return is made by the taxpayer and the taxpayer's spouse and the spouse has attained the age of 65 before the close of the taxable year; and
  5. An additional deduction of $1,300.00 for the taxpayer if the taxpayer is blind at the close of the taxable year. An additional deduction of $1,300.00 for the spouse of the taxpayer shall be allowed if a joint return is made by the taxpayer and the taxpayer's spouse and the spouse is blind at the close of the taxable year. For the purposes of this subparagraph, the determination of whether the taxpayer or the spouse is blind shall be made at the close of the taxable year except that, if either the taxpayer or the spouse dies during the taxable year, the determination shall be made as of the time of the death;
2. The exemptions provided for in Code Section 48-7-26 together with the adjustments provided for in subsection (b) of this Code section;
3. 1. The amount of salary and wage expenses eliminated in computing the individual's federal adjusted gross income because the individual has taken a federal jobs tax credit which requires, as a condition to using the federal jobs tax credit, the elimination of related salary and wage expenses.
  2. The amount of mortgage interest eliminated from federal itemized deductions for the purpose of computing mortgage interest credit on the federal return;
4. 1. Income received from public pension or retirement funds, programs, or systems the income from which is exempted by federal law or treaty when the income is otherwise included in the taxpayer's federal adjusted gross income.
  2. Except as specifically provided in subparagraph (A) of this paragraph, paragraph (5) of this subsection, and paragraph (7) of this subsection, for taxable years beginning on or after January 1, 1989, no income from a public pension or retirement fund, program, or system (including those pension or retirement funds, programs, or systems provided for in Title 47) shall be exempt from income taxation in this state, notwithstanding any provision of Title 47 or any other provision of law to the contrary;
5. 1. Retirement income otherwise included in Georgia taxable net income shall be subject to an exclusion amount as follows:
    1. For taxable years beginning on or after January 1, 1989, and prior to January 1, 1990, retirement income not to exceed an exclusion amount of $8,000.00 per year received from any source;
    2. For taxable years beginning on or after January 1, 1990, and prior to January 1, 1994, retirement income not to exceed an exclusion amount of $10,000.00 per year received from any source;
    3. For taxable years beginning on or after January 1, 1994, and prior to January 1, 1995, retirement income from any source not to exceed an exclusion amount of $11,000.00;
    4. For taxable years beginning on or after January 1, 1995, and prior to January 1, 1999, retirement income from any source not to exceed an exclusion amount of $12,000.00;
    5. For taxable years beginning on or after January 1, 1999, and prior to January 1, 2000, retirement income from any source not to exceed an exclusion amount of $13,000.00;
    6. For taxable years beginning on or after January 1, 2000, and prior to January 1, 2001, retirement income not to exceed an exclusion amount of $13,500.00 per year received from any source;
    7. For taxable years beginning on or after January 1, 2001, and prior to January 1, 2002, retirement income from any source not to exceed an exclusion amount of $14,000.00;
    8. For taxable years beginning on or after January 1, 2002, and prior to January 1, 2003, retirement income from any source not to exceed an exclusion amount of $14,500.00;
    9. For taxable years beginning on or after January 1, 2003, and prior to January 1, 2006, retirement income from any source not to exceed an exclusion amount of $15,000.00;
    10. For taxable years beginning on or after January 1, 2006, and prior to January 1, 2007, retirement income from any source not to exceed an exclusion amount of $25,000.00;
    11. For taxable years beginning on or after January 1, 2007, and prior to January 1, 2008, retirement income from any source not to exceed an exclusion amount of $30,000.00;
    12. For taxable years beginning on or after January 1, 2008, and prior to January 1, 2012, retirement income from any source not to exceed an exclusion amount of $35,000.00; and
    13. For taxable years beginning on or after January 1, 2012, retirement income from any source not to exceed an exclusion amount of $35,000.00 for each taxpayer meeting the eligibility requirement set forth in division (i) or (ii) of subparagraph (D) of this paragraph or an amount of $65,000.00 for each taxpayer meeting the eligibility requirement set forth in division (iii) of subparagraph (D) of this paragraph.
  2. In the case of a married couple filing jointly, each spouse shall if otherwise qualified be individually entitled to exclude retirement income received by that spouse up to the exclusion amount.
  3. The exclusions provided for in this paragraph shall not apply to or affect and shall be in addition to those adjustments to net income provided for under any other paragraph of this subsection.
  4. A taxpayer shall be eligible for the exclusions granted by this paragraph only if the taxpayer:
    1. Is 62 years of age or older but less than 65 years of age during any part of the taxable year; or
    2. Is permanently and totally disabled in that the taxpayer has a medically demonstrable disability which is permanent and which renders the taxpayer incapable of performing any gainful occupation within the taxpayer's competence; or
    3. Is 65 years of age or older during any part of the year.
  5. 1. For the purposes of this paragraph, retirement income shall include but not be limited to income from military retirement, interest income, dividend income, net income from rental property, capital gains income, income from royalties, income from pensions and annuities, and no more than $4,000.00 of an individual's earned income. Earned income in excess of $4,000.00, including but not limited to net business income earned by an individual from any trade or business carried on by such individual, wages, salaries, tips, and other employer compensation, shall not be regarded as retirement income. The receipt of earned income shall not diminish any taxpayer's eligibility for the retirement income exclusions allowed by this paragraph except to the extent of the express limitation provided in this division.
    2. Any income received by a surviving family member that is based on the service record of a deceased veteran shall be excluded from Georgia taxable net income without regard to the age of the surviving family member.
  6. The commissioner shall by regulation require proof of the eligibility of the taxpayer for the exclusions allowed by this paragraph.
  7. The commissioner shall by regulation provide that for taxable years beginning on or after January 1, 1989, and ending before October 1, 1990, penalty and interest may be waived or reduced for any taxpayer whose estimated tax payments and tax withholdings are less than 70 percent of such taxpayer's Georgia income tax liability if the commissioner determines that such underpayment or deficiency is due to an increase in net taxable income attributable directly to amendments to this paragraph or paragraph (4) of this subsection enacted at the 1989 special session of the General Assembly and not due to willful neglect or fraud;
6. A portion of the qualified payments to minority subcontractors, as provided in Code Section 48-7-38;
7. Social security benefits and tier 1 railroad retirement benefits, to the extent included in federal taxable income;
8. The amount of a dependent's unearned income included in federal adjusted gross income of a parent's return;
9. An amount equal to the amount of contributions to the Teachers Retirement System of Georgia made by a taxpayer between July 1, 1987, and December 31, 1989, which contributions were not subject to federal income taxation but were subject to Georgia income taxation.The purpose of the exclusion provided for in this paragraph is to allow a taxpayer a recovery adjustment for such amount after commencement of distributions by such retirement system to such taxpayer and to establish the same basis for federal and state income tax purposes;
10. With respect to a taxpayer who is a self-employed individual treated as an employee pursuant to Section 401(c)(1) of the Internal Revenue Code, an amount equal to the amount paid by the taxpayer during the taxable year for insurance which constitutes medical care for the taxpayer and the spouse and dependents of the taxpayer which is not otherwise deductible by the taxpayer for federal income tax purposes because the applicable percentage for that taxable year as specified pursuant to Section 162(l) of the Internal Revenue Code is less than 100 percent;
11. For taxable years beginning on or after January 1, 2002, and prior to January 1, 2007:
  (11.1) For taxable years beginning on or after January 1, 2020:
  1. An amount equal to the amount of contributions by parents or guardians of a designated beneficiary to a savings trust account established pursuant to Article 11 of Chapter 3 of Title 20 on behalf of the designated beneficiary who is claimed as a dependent on the Georgia income tax return of the beneficiary's parents or guardians, but not exceeding $2,000.00 per beneficiary;
  2. If the parents or guardians file joint returns, separate returns, or single returns, the sum of contributions constituting deductions on their returns under this paragraph shall not exceed $2,000.00 per beneficiary;
  3. In order to claim the deduction for a taxable year:
    1. Such parent or guardian must have claimed and been allowed itemized deductions pursuant to Section 63(d) of the Internal Revenue Code of 1986 and paragraph (1) of this subsection;
    2. The federal adjusted gross income for such taxable year cannot exceed $100,000.00 for a joint return or $50,000.00 for a separate or single return except as provided in subparagraph (D) of this paragraph; and
    3. Such parent or guardian must be the account owner of the designated beneficiary's account;
  4. The maximum deduction authorized by this paragraph for each beneficiary shall decrease by $400.00 for each $1,000.00 of federal adjusted gross income over $100,000.00 for a joint return or $50,000.00 for a separate or single return; and
  5. For purposes of this paragraph, contributions or payments for any such taxable year may be made during or after such taxable year but on or before the deadline for making contributions to an individual retirement account pursuant to Section 219(f)(3) of the Internal Revenue Code of 1986;
  6. An amount equal to the amount of contributions to a savings trust account established pursuant to Article 11 of Chapter 3 of Title 20 on behalf of the designated beneficiary, but not exceeding $4,000.00 per beneficiary;
  7. If the contributor files a separate return or single return, the sum of contributions constituting deductions on the contributor's return under this paragraph shall not exceed $4,000.00 per beneficiary;
  8. If the contributor files a joint return, the sum of contributions constituting deductions on the contributor's return under this paragraph shall not exceed $8,000.00 per beneficiary; and
  9. For purposes of this paragraph, contributions or payments for any such taxable year may be made during or after such taxable year but on or before the deadline for making contributions to an individual retirement account under federal law for such taxable year;
  (11.2) For taxable years beginning on or after January 1, 2019, and ending on or before December 31, 2023, income received as payments from a federal disaster relief or assistance grant program administered by this state or its instrumentalities or the United States Department of Agriculture, if such federal grant program was established specifically to address agricultural losses suffered due to Hurricane Michael which was a weather event declared to be a major disaster in this state by the President of the United States during the 2018 calendar year, to the extent such income is included in federal adjusted gross income or federal taxable income;
12. Military income received by a member of the National Guard or any reserve component of the armed services of the United States stationed in a combat zone or stationed in defense of the borders of the United States pursuant to military orders. The exclusion provided under this paragraph:
  (12.1) (A) Disability income from the United States Department of Veterans Affairs received by a disabled veteran who is a citizen and resident of Georgia.
  
  (12.2) Payments received by a firefighter pursuant to paragraph (2) of subsection (b) of Code Section 25-3-23, to any extent such amounts are included in the taxpayer's federal adjusted gross income and are not otherwise exempt under any other provision of this Code section;
  
  (12.3) An amount equal to 100 percent of any premium paid by the individual taxpayer during the taxable year for coverage pursuant to paragraph (2) of subsection (b) of Code Section 25-3-23, to any extent such deduction has not been included in the taxpayer's federal adjusted gross income and such amount is not otherwise deductible under any other provision of this Code section;
  
  (12.4) (A) An amount equal to 100 percent of the payments made to and received by a disabled first responder pursuant to Code Section 45-9-85, provided that and to the extent such amounts are included in the taxpayer's federal adjusted gross income and are not otherwise exempt from the tax imposed by this article under any other provision of law.
  1. Shall apply with respect to each taxable year, or portion thereof, covered by such military orders; and
  2. Shall apply only with respect to such member of the National Guard or any reserve component of the armed forces and only with respect to military income earned during the period covered by such military orders;
  3. As used in this paragraph, the term "disabled veteran" means any wartime veteran who was discharged under honorable conditions and who has been adjudicated by the United States Department of Veterans Affairs as being at least 90 percent totally and permanently disabled and entitled to receive service connected benefits and any veteran who is receiving or who is entitled to receive a statutory award from the United States Department of Veterans Affairs for:
    1. Loss or permanent loss of use of one or both feet;
    2. Loss or permanent loss of use of one or both hands;
    3. Loss of sight in one or both eyes; or
    4. Permanent impairment of vision of both eyes of the following status: Central visual acuity of 20/200 or less in the better eye, with corrective glasses, or central visual acuity of more than 20/200 if there is a field defect in which the peripheral field has contracted to such an extent that the widest diameter of visual field subtends on angular distance no greater than 20 degrees in the better eye;
  4. As used in this paragraph, the term "disabled first responder" means a law enforcement officer, fireman, publicly employed emergency medical technician, or a surviving spouse of such an individual, receiving payments pursuant to Code Section 45-9-85 due to total permanent disability, partial permanent disability, organic brain damage, or death occurring in the line of duty.
13. 1. An amount equal to the actual amount expended for organ donation expenses not to exceed the amount of $10,000.00 incurred in accordance with the "National Organ Procurement Act."
  2. In order to qualify for the exclusion under subparagraph (A) of this paragraph, such taxpayer must, while living, donate all or part of such person's liver, pancreas, kidney, intestine, lung, or bone marrow. In the taxable year in which the donation is made, the taxpayer shall be entitled to claim the exclusion provided in subparagraph (A) of this paragraph only with respect to unreimbursed travel expenses, lodging expenses, and lost wages incurred as a direct result of the organ donation;
  (13.1) An amount equal to 100 percent of the premium paid by the taxpayer during the taxable year for high deductible health plans as defined by Section 223 of the Internal Revenue Code to the extent the deduction has not been included in federal adjusted gross income, as defined under the Internal Revenue Code of 1986, and the expenses have not been provided from a health reimbursement arrangement and have not been included in itemized nonbusiness deductions;
14. The deduction for school teachers provided and allowed by Section 62(a)(2)(D) of the Internal Revenue Code of 1986 as enacted on or before January 1, 2005, to the extent the deduction has not been included in federal adjusted gross income, as defined under the Internal Revenue Code of 1986, and the expenses have not been included in itemized nonbusiness deductions; and
15. The deduction provided and allowed by Section 179 of the Internal Revenue Code of 1986 as enacted on or before January 1, 2005, to the extent the deduction has not been included in federal adjusted gross income, as defined under the Internal Revenue Code of 1986, and the expenses have not been included in itemized nonbusiness deductions.
1. There shall be added to the taxable income:
  1. Dividend or interest income, to the extent that the dividend or interest income is not included in gross income for federal income tax purposes, on obligations of any state except this state or of political subdivisions except political subdivisions of this state;
  2. Interest or dividends on obligations of the United States or of any authority, commission, instrumentality, territory, or possession of the United States which by the laws of the United States are exempt from federal income taxes but not from state income taxes; and
  3. Income consisting of lump sum distributions from an annuity, pension plan, or similar source which were removed from federal adjusted gross income for the purposes of special federal tax computations or treatment.
2. There shall be subtracted from taxable income interest or dividends on obligations of the United States and its territories and possessions or of any authority, commission, or instrumentality of the United States to the extent includable in gross income for federal income tax purposes but exempt from state income taxes under the laws of the United States. Any amount subtracted under this paragraph shall be reduced by any interest expenses directly or indirectly attributable to the production of the interest or dividend income.
3. There shall be added to taxable income any income taxes imposed by any tax jurisdiction except the State of Georgia to the extent deducted in determining federal taxable income.
4. No portion of any deductions or losses including, but not limited to, net operating losses, which occurred in a year in which the taxpayer was not subject to taxation in this state, may be deducted in any tax year. When federal adjusted gross income includes deductions or losses not allowed pursuant to this paragraph, an adjustment deleting them shall be made under rules established by the commissioner.
5. Income, losses, and deductions previously used in computing Georgia taxable income shall not again be used in computing Georgia taxable income; and the commissioner shall provide for needed adjustments by regulation.
6. Reserved.
7. Except as otherwise provided in paragraph (4) of subsection (a) of this Code section, this chapter shall not be construed to repeal any tax exemptions contained in other laws of this state not referred to in this Code section. Those exemptions and the exemptions provided by federal law and treaty shall be deducted on forms provided by the commissioner.
8. All elections made by the taxpayer under the Internal Revenue Code of 1954 or the Internal Revenue Code of 1986 shall also apply under this article.
9. If the taxpayer claims the tax credit provided for in subsection (d) of Code Section 48-7-40.6 with respect to qualified child care property, Georgia taxable income shall be increased by any depreciation deductions attributable to such property to the extent such deductions are used in determining federal taxable income.
10. (10.1) (A) The amount of any qualified withdrawals from an ABLE account established pursuant to a Georgia ABLE program or any Qualified ABLE Program, as such programs are defined under Chapter 9 of Title 30, shall not be subject to state income tax under this chapter.
  1. Except as otherwise provided in subparagraph (C) of this paragraph, the amount of any qualified withdrawals from a savings trust account under Article 11 of Chapter 3 of Title 20 shall not be subject to state income tax under this chapter.
  2. For withdrawals other than qualified withdrawals from such a savings trust account, the proportion of earnings in the account balance at the time of the withdrawal shall be applied to the total funds withdrawn to determine the earnings portion to be included in the account owner's taxable net income in the year of withdrawal.
  3. For withdrawals other than qualified withdrawals from such a savings trust account and for withdrawals from such a savings trust account which are rolled over to a qualified tuition program other than the qualified tuition program established under Article 11 of Chapter 3 of Title 20, the proportion of the contributions in an account balance at the time of a withdrawal which previously have been used to reduce taxable net income pursuant to subsection (a) of this Code section shall be applied to the nonearnings portion of the total funds withdrawn to determine an amount to be included in the account owner's taxable net income in the same taxable year.
  4. For withdrawals other than qualified withdrawals from such an ABLE account, the proportion of earnings in the account balance at the time of the withdrawal shall be applied to the total funds withdrawn to determine the earnings portion to be included in the designated beneficiary's taxable net income in the year of withdrawal.
11. Georgia taxable income shall be adjusted as provided in Code Section 48-7-28.3.
12. Georgia taxable income shall be increased by the amount of the payments, compensation, or other economic benefit disallowed by Code Section 48-7-21.1.
13. Georgia taxable income shall be adjusted as provided in Code Section 48-7-28.4.
14. Georgia net operating losses shall be treated in the same manner as provided in paragraph (10.1) of subsection (b) of Code Section 48-7-21 but shall be based on the income as computed pursuant to this Code section. Any limitations included in the Internal Revenue Code of 1986 on the amount of net operating loss that can be used in a taxable year shall be applied for purposes of this Code section; provided, however, that such limitations, including, but not limited to, the 80 percent limitation, shall be applied to Georgia taxable net income.
15. Georgia taxable net income shall be adjusted as provided in Code Section 48-7-53.
Georgia taxable income shall, if the taxpayer so elects, be adjusted with respect to federal depreciation deductions as provided in Code Section 48-7-39.
1. 1. As used in this paragraph, the term "individual" shall mean the same as is defined in Code Section 48-1-2.
  2. Georgia resident shareholders of Subchapter "S" corporations may make an adjustment to federal adjusted gross income for Subchapter "S" corporation income where another state does not recognize a Subchapter "S" corporation.
  3. A Georgia individual resident who is a partner in a partnership, who is a member of a limited liability company taxed as a partnership, or who is a single member of a limited liability company which is disregarded for federal income tax purposes may make an adjustment to federal adjusted gross income for theentity's income taxed in another state which imposes on the entity a tax on or measured by income.
  4. Adjustments pursuant to this paragraph shall only be allowed for the portion of the income on which such tax was actually paid by such Subchapter "S" corporation, partnership, or limited liability company. In multitiered situations, the adjustment for such individual shall be determined by allocating such income between the shareholders, partners, or members at each tier based upon their profit/loss percentage.
2. Nonresident shareholders of a Georgia Subchapter "S" corporation shall execute a consent agreement to pay Georgia income tax on their portion of the corporate income in order for such Subchapter "S" corporation to be recognized for Georgia purposes. A consent agreement for each shareholder shall be filed by the corporation with its corporate tax return in the year in which the Subchapter "S" corporation is first required to file a Georgia income tax return. For a Subchapter "S" corporation in existence prior to January 1, 2008, the consent agreement shall be filed for each shareholder in the first Georgia tax return filed for a year beginning on or after January 1, 2008. A consent agreement shall also be filed in any subsequent year for any additional nonresident who first becomes a shareholder of the Subchapter "S" corporation in that year. Shareholders of a federal Subchapter "S" corporation which is not recognized for Georgia purposes may make an adjustment to federal adjusted gross income in order to avoid double taxation on this type of income. Adjustments shall not be allowed unless tax was actually paid by such corporation.

(Code 1933, § 92-3107, enacted by Ga. L. 1971, p. 605, § 4; Ga. L. 1975, p. 843, § 1; Ga. L. 1978, p. 1456, § 1; Ga. L. 1979, p. 888, § 2; Code 1933, § 91A-3607, enacted by Ga. L. 1978, p. 309, § 2; Ga. L. 1979, p. 5, § 67; Ga. L. 1979, p. 888, § 4; Ga. L. 1980, p. 10, §§ 17, 18; Ga. L. 1981, p. 1857, §§ 35, 36; Ga. L. 1981, p. 1903, §§ 3, 4; Ga. L. 1982, p. 3, § 48; Ga. L. 1984, p. 1644, § 2; Ga. L. 1986, p. 749, § 1; Ga. L. 1986, p. 1480, § 1; Ga. L. 1987, p. 191, § 2; Ga. L. 1988, p. 475, § 2; Ga. L. 1989, p. 1112, §§ 1-3; Ga. L. 1989, Ex. Sess., p. 5, § 1; Ga. L. 1990, p. 1369, § 1; Ga. L. 1992, p. 1296, § 1; Ga. L. 1992, p. 2977, § 1; Ga. L. 1994, p. 381, § 2; Ga. L. 1998, p. 1, § 2; Ga. L. 1998, p. 1515, § 1; Ga. L. 1998, p. 1516, § 1; Ga. L. 1999, p. 13, § 2; Ga. L. 2000, p. 408, § 1; Ga. L. 2001, p. 76, §§ 2, 3; Ga. L. 2002, p. 372, §§ 2, 3; Ga. L. 2002, p. 1149, § 1; Ga. L. 2003, p. 637, § 1; Ga. L. 2003, p. 665, §§ 4, 5; Ga. L. 2004, p. 102, § 1; Ga. L. 2005, p. 18, § 1/HB 263; Ga. L. 2005, p. 30, § 1/HB 191; Ga. L. 2005, p. 60, § 48/HB 95; Ga. L. 2005, p. 157, § 2/HB 282; Ga. L. 2005, p. 159, §§ 13, 14/HB 488; Ga. L. 2005, p. 529, § 1/HB 556; Ga. L. 2006, p. 526, § 1/HB 1160; Ga. L. 2007, p. 112, § 2/HB 225; Ga. L. 2007, p. 271, §§ 3, 4/SB 184; Ga. L. 2008, p. 159, §§ 7, 8/HB 1014; Ga. L. 2008, p. 292, § 4/HB 977; Ga. L. 2008, p. 324, § 48/SB 455; Ga. L. 2008, p. 898, §§ 6, 7/HB 1151; Ga. L. 2009, p. 8, § 48/SB 46; Ga. L. 2009, p. 652, § 4/HB 410; Ga. L. 2009, p. 796, § 2/HB 379; Ga. L. 2010, p. 9, § 4-1/HB 1055; Ga. L. 2012, p. 108, § 1/HB 808; Ga. L. 2012, p. 257, § 2-2/HB 386; Ga. L. 2013, p. 141, § 48/HB 79; Ga. L. 2014, p. 83, § 2-1/SB 391; Ga. L. 2016, p. 588, § 2/HB 768; Ga. L. 2016, p. 805, § 1/HB 802; Ga. L. 2017, p. 336, § 5/HB 146; Ga. L. 2018, p. 8, §§ 1-7, 1-8/HB 918; Ga. L. 2018, p. 308, § 1/HB 749; Ga. L. 2018, p. 319, § 2/HB 849; Ga. L. 2019, p. 195, § 3/HB 287; Ga. L. 2019, p. 455, § 1/HB 266; Ga. L. 2019, p. 908, § 4/SB 138; Ga. L. 2020, p. 903, § 1-1/HB 105.)

The 2016 amendments. The first 2016 amendment, effective May 3, 2016, added paragraph (b)(10.1). The second 2016 amendment, effective April 26, 2016, substituted "2016" for "2007" in paragraph (a)(11.1); and substituted "$4,000.00" for "$2,000.00" in subparagraph (a)(11.1)(C). See Editor's notes for applicability.

The 2017 amendment, effective January 1, 2018, added paragraphs (a)(12.2) and (a)(12.3).

The 2018 amendments. The first 2018 amendment, effective March 2, 2018, substituted "$4,600.00" for "$2,300.00" in subparagraph (a)(1)(A); substituted "$3,000.00" for "$1,500.00" in subparagraph (a)(1)(B); substituted "$6,000.00" for "$3,000.00" in subparagraph (a)(1)(C); and added paragraph (b)(14). See Editor's note for applicability and expiration. The second 2018 amendment, effective July 1, 2018, designated the existing provisions of subparagraph (a)(5)(E) as division (a)(5)(E)(i); in division (a)(5)(E)(i), inserted "income from military retirement," in the middle of the first sentence, and substituted "division" for "subparagraph" at the end of the last sentence; and added division (a)(5)(E)(ii). See Editor's notes for applicability. The third 2018 amendment, effective May 3, 2018, added paragraph (b)(14).

The 2019 amendments. The first 2019 amendment, effective July 1, 2019, deleted former subparagraph (a)(13.2), which read: "(A) An amount equal to $1,000.00 for any physician who served as the community based faculty physician for a medical core clerkship provided by community based faculty.

"(B) An amount equal to $1,000.00 for any physician who served as the community based faculty physician for a physician assistant core clerkship provided by community based faculty.

"(C) An amount equal to $1,000.00 for any physician who served as the community based faculty physician for a nurse practitioner core clerkship provided by community based faculty.

"(D) As used in this paragraph, the term:

"(i) 'Community based faculty physician' means a noncompensated physician who provides a minimum of three and a maximum of ten clerkships within a calendar year.

"(ii) 'Medical core clerkship,' 'physician assistant core clerkship,' or 'nurse practitioner core clerkship' means a clerkship for a student who is enrolled in a Georgia medical school, a Georgia physician assistant school, or a Georgia nurse practitioner school and who completes a minimum of 160 hours of community based instruction in family medicine, internal medicine, pediatrics, obstetrics and gynecology, emergency medicine, psychiatry, or general surgery under the guidance of a community based faculty physician.

"(E) The state-wide Area Health Education Centers Program Office at Georgia Regents University shall administer the program and certify rotations for the department.

"(F) This paragraph shall apply to all taxable years beginning on or after January 1, 2014;". See Editor's notes for applicability. The second 2019 amendment, effective May 2, 2019, substituted "2020" for "2016" in paragraph (a)(11.1); substituted "$4,000.00" for "$2,000.00" in subparagraphs (a)(11.1)(A) and (a)(11.1)(B); and substituted "$8,000.00" for "$4,000.00" in subparagraph (a)(11.1)(C). See Editor's notes for applicability. The third 2019 amendment, effective July 1, 2019, added paragraph (a)(12.4). See Editor's notes for applicability.

The 2020 amendment, effective August 5, 2020, added paragraph (a)(11.2).

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 2005, "and" was deleted at the end of paragraph (a)(13), "; and" was substituted for the period at the end of paragraph (a)(14), and paragraph (a)(14), as enacted by Ga. L. 2005, p. 157, § 2, was redesignated as paragraph (a)(15).

Pursuant to Code Section 28-9-5, in 2010, "to" was inserted between "subject" and "an" in subparagraph (a)(5)(A).

Pursuant to Code Section 28-9-5, in 2018, paragraph (b)(14), as added by Ga. L. 2018, p. 319, § 2/HB 849, was redesignated as paragraph (b)(15).

Editor's notes.

- Ga. L. 1984, p. 1644, § 4, not codified by the General Assembly, provided that the Act would apply to taxable years beginning on or after January 1, 1985.

Ga. L. 1986, p. 749, § 2, not codified by the General Assembly, provided: "This Act shall become effective upon its approval by the Governor [approved April 3, 1986] or upon its becoming law without his approval and shall apply to tax years beginning on or after January 1, 1986".

Ga. L. 1987, p. 191, § 10, not codified by the General Assembly, provides that this Act is applicable to taxable years ending on or after March 11, 1987, and that a taxpayer with a taxable year ending on or after January 1, 1987, and before March 11, 1987, may elect to have the provisions of that Act apply.

Ga. L. 1987, p. 191, § 10, not codified by the General Assembly, also provided that tax, penalty, and interest liabilities and refund eligibility for prior taxable years shall not be affected by that Act.

Ga. L. 1987, p. 191, § 10, not codified by the General Assembly, also provided that provisions of the federal Tax Reform Act of 1986 and of the Internal Revenue Code of 1986 which as of January 1, 1987, were not yet effective become effective for purposes of Georgia taxation on the same dates as they become effective for federal purposes.

Ga. L. 1988, p. 475, § 3, not codified by the General Assembly, provided that the Act applies to taxable years beginning on or after January 1, 1988.

Ga. L. 1988, p. 475, § 3, not codified by the General Assembly, also provided that provisions of the Internal Revenue Code of 1986 which were as of January 1, 1988, enacted into law but not yet effective shall become effective for purposes of Georgia taxation on the same dates upon which they become effective for federal tax purposes.

Ga. L. 1989, p. 1112, § 4, not codified by the General Assembly, provides that the Act shall be effective for tax years beginning on or after January 1, 1989.

Ga. L. 1989, Ex. Sess., p. 5, § 2, not codified by the General Assembly, provided: "(a) This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall apply to taxable years beginning on or after January 1, 1989.

"(b) Tax, penalty, and interest liabilities for taxable years beginning prior to January 1, 1989, shall not be affected by the passage of this Act and shall continue to be governed by the provisions of Code Section 48-7-27 of the Official Code of Georgia Annotated as it existed immediately prior to the effective date of this Act." The Act was approved by the Governor September 20, 1989.

Ga. L. 1990, p. 1369, § 2, not codified by the General Assembly, provides that the Act shall be applicable to all taxable years beginning on or after January 1, 1990.

Ga. L. 1998, p. 1, § 4, not codified by the General Assembly, makes subsection (a) of this Code section applicable to all taxable years beginning on or after January 1, 1998.

Ga. L. 1998, p. 1515, § 2, not codified by the General Assembly, makes subsection (a) of this Code section applicable to all taxable years beginning on or after January 1, 1998.

Ga. L. 1999, p. 13, § 4, not codified by the General Assembly, makes subsection (b) of this Code section applicable to all taxable years beginning on or after January 1, 2000.

Ga. L. 2000, p. 408, § 2, not codified by the General Assembly, makes subsection (a) applicable to all taxable years beginning on or after January 1, 2000.

Ga. L. 2002, p. 372, § 15(b), not codified by the General Assembly, provides that §§ 1-4, 6, and 8-14 of this Act shall be applicable to all taxable years beginning on or after January 1, 2002.

Ga. L. 2003, p. 637, § 2, 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. 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. 2004, p. 102, § 2, not codified by the General Assembly, provides that this Act shall be applicable to all taxable years beginning on or after January 1, 2005.

Ga. L. 2005, p. 18, § 2/HB 263, not codified by the General Assembly, provides that the Act shall be applicable to all taxable years beginning on or after January 1, 2004.

Ga. L. 2005, p. 30, § 7(a)/HB 191, not codified by the General Assembly, provides that the 2005 amendment to paragraph (b)(11) shall be applicable to all taxable years beginning on or after January 1, 2006.

Ga. L. 2005, p. 157, § 4/HB 282, not codified by the General Assembly, provides that the Act shall be applicable to all taxable years beginning on or after January 1, 2005.

Ga. L. 2005, p. 159, § 1/HB 488, 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 2005.'"

Ga. L. 2005, p. 159, § 27(c)/HB 488, not codified by the General Assembly, provides that the 2005 amendment to paragraph (b)(2) shall be applicable to all taxable years beginning on or after January 1, 2005.

Ga. L. 2005, p. 159, § 27(h)/HB 488, not codified by the General Assembly, provides that the 2005 amendment to paragraph (b)(6) shall be applicable to all taxable years beginning on or after January 1, 2004.

Ga. L. 2006, p. 526, § 2/HB 1160, not codified by the General Assembly, provides that this Act shall be applicable to all taxable years beginning on or after January 1, 2006.

Ga. L. 2007, p. 271, § 7(b)/SB 184, not codified by the General Assembly, provides that the amendment to paragraph (a)(12) shall be applicable to all taxable years beginning on or after January 1, 2008.

Ga. L. 2008, p. 159, § 10/HB 1014, not codified by the General Assembly, provides that the 2008 amendment to paragraph (b)(10) shall be applicable to all taxable years beginning on or after January 1, 2008.

Ga. L. 2008, p. 292, § 6(a)/HB 977, not codified by the General Assembly, provides, in part, that the 2008 amendment shall be applicable to all taxable years beginning on or after January 1, 2009.

Ga. L. 2008, p. 898, § 13/HB 1151, 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, 2008.

Ga. L. 2009, p. 652, § 6(a)/HB 410, 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. 2009, p. 796, § 4/HB 379, not codified by the General Assembly, provides, in part, that the amendment by that Act shall be applicable to all taxable years beginning on or after January 1, 2010.

Ga. L. 2012, p. 108, § 2/HB 808, not codified by the General Assembly, provides, in part, that the amendment by that Act shall be applicable to all taxable years beginning on or after January 1, 2013.

Ga. L. 2012, p. 257, § 7(e)/HB 386, not codified by the General Assembly, provides, in part, that the amendment by that Act shall be applicable to all taxable years beginning on or after January 1, 2013.

Ga. L. 2012, p. 257, § 7-1(h)/HB 386, not codified by the General Assembly, provides: "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 the effective date of the relevant portion of this Act."

Ga. L. 2012, p. 257, § 7-1(i)/HB 386, not codified by the General Assembly, provides: "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 the effective date of the relevant portion of this Act."

Ga. L. 2012, p. 257, § 7-2/HB 386, not codified by the General Assembly, provides for severability.

Ga. L. 2016, p. 805, § 2/HB 802, not codified by the General Assembly, provides that this Act shall apply to all taxable years beginning on and after January 1, 2016.

Ga. L. 2018, p. 8, § 3-1(a)/HB 918, not codified by the General Assembly, provides, in part, that this Act "shall be applicable to all taxable years beginning on or after January 1, 2017."

Ga. L. 2018, p. 8, § 3-1(d)/HB 918, not codified by the General Assembly, provides, in part, that this Act "shall become effective upon the approval of this Act by the Governor or upon this Act becoming law without such approval and shall be applicable to all taxable years beginning on or after January 1, 2018. Section 1-7 of this Act shall expire by operation of law on the last moment of December 31, 2025, and revert to the language of paragraph (1) of subsection (a) of Code Section 48-7-27 as it existed on the day immediately preceding the effective date of this Act." This Act was signed by the Governor on March 2, 2018.

Ga. L. 2018, p. 308, § 2/HB 749, not codified by the General Assembly, provides: "This Act shall become effective on July 1, 2018, and shall be applicable to all taxable years beginning on or after January 1, 2018."

Ga. L. 2019, p. 195, § 1/HB 287, not codified by the General Assembly, provides that: "The General Assembly finds that:

"(1) Georgia's primary care shortages are well documented, and it is imperative that the training of medical students, physician assistant students, and advanced practice registered nurse students be secured in this state as these are three key disciplines of the core primary care work force. Georgia invests heavily in the educational programs required to train and produce these students, and the Preceptor Tax Incentive Program is designed to alleviate some of the struggles faced by such programs as they seek to secure sufficient community based training sites for the education of their students; and

"(2) Off shore and out of state medical schools are using Georgia community based clinical faculty and paying them approximately $1,500.00 per rotation. Accordingly, a powerful incentive is required to ensure that Georgia's volunteer community based faculty preceptors are retained to provide training for medical students, physician assistant students, and advanced practice registered nurse students matriculating in Georgia based educational programs."

Ga. L. 2019, p. 195, § 2/HB 287, not codified by the General Assembly, provides that: "This Act shall be known and may be cited as the 'Preceptor Tax Incentive Program' or 'PTIP.'"

Ga. L. 2019, p. 195, § 5/HB 287, not codified by the General Assembly, provides that this Act "shall be applicable to all taxable years beginning on or after January 1, 2019, and ending on or before December 31, 2023."

Ga. L. 2019, p. 455, § 2/HB 266, not codified by the General Assembly, provides that this Act "shall apply to all taxable years beginning on and after January 1, 2020."

Ga. L. 2019, p. 908, § 5/SB 138, not codified by the General Assembly, provides, in part, that Section 4 of this Act shall apply to taxable years beginning on or after January 1, 2019.

Administrative Rules and Regulations.

- Net taxable income, individual, Official Compilation of the Rules and Regulations of the State of Georgia, Department of Revenue, Chapter 560-7-4.

Law reviews.

- For annual survey of state and local taxation, see 38 Mercer L. Rev. 337 (1986). For article, "Issues and Opportunities Under Georgia's Updated Income Tax Provisions," see 25 Ga. St. B. J. 144 (1989). For review of 1998 legislation relating to revenue and taxation, see 15 Georgia St. U.L. Rev. 217 (1998). For article, "Revenue and Taxation: Amend Titles 48, 2, 28, 33, 36, 46, and 50 of the Official Code of Georgia Annotated, Relating Respectively to Revenue and Taxation, Agriculture, the General Assembly, Insurance, Local Government, Public Utilities, and State Government," see 28 Georgia St. U.L. Rev. 217 (2011). For article on the 2012 amendment of this Code section, see 29 Georgia St. U.L. Rev. 112 (2012). For article on the 2016 amendment of this Code section, see 33 Georgia St. U.L. Rev. 193 (2016). For note on 1990 amendment to this Code section, see 7 Georgia St. U.L. Rev. 363 (1990). For note on 1992 amendment to this Code section, see 9 Georgia St. U.L. Rev. 338 (1992). For note on the 2001 amendment to this Code section, see 18 Georgia St. U.L. Rev. 84 (2001). For note on the 2003 amendment to this Code section, see 20 Georgia St. U.L. Rev. 233 (2003).

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarity of the statutory provisions, decisions under former Ga. L. 1929, p. 92, former Code 1933, §§ 92-3107 and 92-3109 are included in the annotations for this Code section.

Retirement benefits not exempted.

- Subjecting retirement benefits of retired school teachers to state income taxation did not violate the constitutional prohibition against state laws impairing the obligation of contracts since the teachers had no vested right to an irrevocable exemption which was barred under Ga. Const. 1983, Art. VII, Sec. I, Para. I. Parrish v. Employees' Retirement Sys., 260 Ga. 613, 398 S.E.2d 353 (1990), cert. denied, 500 U.S. 353, 111 S. Ct. 2016, 114 L. Ed. 2d 103 (1991).

Income tax is not a property tax, but is more nearly within category of an excise tax. Brandon v. State Revenue Comm'n, 54 Ga. App. 62, 186 S.E. 872 (1936), aff'd, 184 Ga. 225, 190 S.E. 660 (1937) (decided under former Code 1933, § 92-3107).

Meaning of "income tax" and "income."

- Term "income tax" means a tax on the actual gain or an actual increase in wealth, and does not include a mere unrealized increased in value. "Income" is the gain derived from capital or labor, or both combined. "Income" for any given period of time is the amount of gain so derived during a designated period. Brandon v. State Revenue Comm'n, 54 Ga. App. 62, 186 S.E. 872 (1936), aff'd, 184 Ga. 225, 190 S.E. 660 (1937) (decided under former Code 1933, § 92-3107).

Research tax credit.

- Trial court erred in finding invalid a regulation which interpreted a research tax credit codified in a statute; the regulation's requirement that a business enterprise have had a positive state taxable net income for each of the preceding three years in order to be eligible for the tax credit was authorized by statute and was reasonable because the regulation reflected the legislature's intent that research activities be increased, which was most likely to occur when a business enterprise was able to generate income through the enterprise's activities rather than when a business had a negative income or, in other words, a net operating loss. Ga. Dep't of Revenue v. Ga. Chemistry Council, Inc., 270 Ga. App. 615, 607 S.E.2d 207 (2004).

Compromise settlement with Internal Revenue Service as basis for assessing state income tax.

- Commissioner is authorized to use a compromise agreement with the U.S. Internal Revenue Service on the amount of changed income of the taxpayer as the basis for assessment of Georgia income tax, even if it is the sole basis for assessing state tax. Blackmon v. Monroe, 233 Ga. 656, 212 S.E.2d 827 (1975).

Adoption of federal tax procedures not a delegation of state power to federal authorities.

- When the State Revenue Commission (now state revenue commissioner) merely adopted the federal method of calculating net income under the federal statute as the state's method of accomplishing that result, and properly assesses the tax due to the state as part of the amount which the taxpayer paid to the United States, such adoption is not a delegation to the federal authorities of the state's power to tax. Head v. McKenney, 61 Ga. App. 552, 6 S.E.2d 405 (1939) (decided under former Ga. L. 1929, p. 92).

Taxation of rebates given to partners on their individual purchases.

- When rebates have no connection with the total sales or profits of a partnership or with the interest of a particular partner in the partnership, but are merely a discount to the partners on the partners' own individual purchases and, hence, only such rebates do not constitute profits and are not taxable. Undercofler v. Bessemer Auto Parts, Inc., 221 Ga. 61, 142 S.E.2d 912 (1965).

No deduction for losses incurred by shareholder on distribution of dissolved corporation's assets.

- When the taxpayer owns all or a majority of the capital stock of a corporation and the corporation is dissolved, and the correct proportionate share of the assets of the corporation is turned over to the taxpayer owning a majority of the capital stock, such a distribution of the assets is treated as a sale of the stock by the taxpayer stockholder to the corporation, and losses incurred by reason of such transaction are not deductible as losses in computing the net income. State Revenue Comm'n v. Glenn, 61 Ga. App. 567, 6 S.E.2d 384 (1939) (decided under former Code 1933, § 92-3109).

Adjustment to shareholder in S corporations federal adjusted gross income.

- Former paragraph (d)(2) of O.C.G.A. § 48-7-27 did not permit a taxpayer, who was a shareholder in an S corporation, to adjust the taxpayer's federal adjusted gross income by subtracting the entire share of the taxpayer's passed-through income from the corporation as the double taxation to be avoided was the payment of income taxes by the corporation at the corporate level and then the payment of income taxes by the taxpayer as an individual on the same income in the same year; the taxpayer should have only subtracted the taxpayer's share of the amount of the corporation's income on which corporate taxes were paid in Georgia. Graham v. Hanna, 297 Ga. App. 542, 677 S.E.2d 686 (2009), cert. denied, No. S09C1403, 2009 Ga. LEXIS 789 (Ga. 2009).

Cited in Collins v. Waldron, 259 Ga. 582, 385 S.E.2d 74 (1989); Silliman v. Cassell, 292 Ga. 464, 738 S.E.2d 606 (2013).

OPINIONS OF THE ATTORNEY GENERAL

Editor's notes.

- In light of the similarity of the statutory provisions, opinions under former Code 1933, §§ 92-3107 and 92-3109 are included in the annotations for this Code section.

Treatment of employee's unrestricted subsistence allowance.

- Unrestricted subsistence allowance, that is, an allowance which is in no wise limited to expenditures incurred on account of the employee's business, is an allowance to defray the employee's personal living expenses and is, in substance, a form of compensation or remuneration within the scope of the statute and the definition of "wages" in Ga. L. 1960, p. 7 (see now O.C.G.A. § 48-7-100). To the extent that an employee incurs expenses on account of the business of the employer, and the employee is not otherwise reimbursed therefor, so that such expenses are a charge against this subsistence allowance, then the situation is one to be handled under regulations of the commissioner promulgated in accordance with Ga. L. 1960, p. 7 (see now O.C.G.A. § 48-7-101(f)(4)). 1960-61 Op. Att'y Gen. p. 506(decided under former Code 1933, §§ 92-3107 and 92-3109).

Amounts paid to state officials for expenses are part of such official's gross income and are taxable to the extent that those amounts are not used for such official business purposes. 1969 Op. Att'y Gen. No. 69-190(decided under former Code 1933, § 92-3109).

Payments by check, tendered by municipal corporation to municipal officers and employees for unused sick leave are, if the payments are legal, income and subject to taxation. 1971 Op. Att'y Gen. No. U71-16(decided under former Code 1933, § 92-3107).

Income from Superior Court Clerk's Retirement Fund is subject to state income tax except that all but three percent of aggregate contributions of taxpayer to fund is excluded from tax base until entire cost to taxpayer has been recovered tax free. 1962 Op. Att'y Gen. p. 519(decided under former Code 1933, § 92-3107).

Applicant for homestead exemption for elderly must include social security benefits in computations.

- Social security benefits must be included in determining whether a person over 65 and that person's spouse have met the income requirements for the increased homestead exemption. 1969 Op. Att'y Gen. No. 69-112(decided under former Code 1933, § 92-3107).

RESEARCH REFERENCES

Am. Jur. 2d.

- 71 Am. Jur. 2d, State and Local Taxation, § 412.

C.J.S.

- 85 C.J.S., Taxation, § 1998 et seq.

ALR.

- Commissions as executor, administrator, guardian, etc., as income subject to income tax, 18 A.L.R. 414.

Income tax on profit upon sale by executor or administrator at advance over cost to decedent, 33 A.L.R. 813.

Gains from unlawful business or transactions as subject of income tax, 43 A.L.R. 799; 51 A.L.R. 1026; 166 A.L.R. 891.

Nature of interest of special partner for purpose of income tax, 45 A.L.R. 1381.

Gains from unlawful business or transactions as subject of income tax, 51 A.L.R. 1026; 166 A.L.R. 891.

Deduction on account of exempt securities in taxation of corporations or their shareholders, 57 A.L.R. 899; 65 A.L.R. 878.

Income tax in respect of amounts received by stockholder upon liquidation of corporation, 65 A.L.R. 148.

Computation for purposes of income tax of gain or loss from sale of stock rights, 70 A.L.R. 1305.

Deduction of fixed periodical percentage ("straight-line method") as proper method of determining depreciation for purposes of property or income taxes, 71 A.L.R. 971.

Computation of income tax of stockholder in event of reorganization, merger, or consolidation of corporations, 78 A.L.R. 677.

Interest deductible in computing income tax, 80 A.L.R. 214; 154 A.L.R. 934.

Military service as basis of discrimination in statutes or ordinances relating to taxation or licenses, 83 A.L.R. 1231.

State income tax on resident in respect of income earned outside the state, 87 A.L.R. 380.

Computation of losses or profits on sale of securities for purposes of income tax, 90 A.L.R. 732; 108 A.L.R. 1261; 149 A.L.R. 988.

Liability for income tax in respect of amount of tax paid by another, 91 A.L.R. 1270.

Income tax in respect of compensation for services rendered under contract to governmental or political body by one not an officer or employee, 93 A.L.R. 190.

Computation of income tax as affected by fact that taxpayer was domiciled within state for only part of the taxable year, 93 A.L.R. 1199; 126 A.L.R. 455.

Income as "property" within constitutional limitation on taxation, 97 A.L.R. 1488.

Income tax as payable in respect of difference between cost to donor of securities or other property and value at time of gift, 99 A.L.R. 468.

Income tax in respect of that part of extraordinary cash dividend on stock held by trustee that is allocated to corpus as regards respective rights of life beneficiary and remaindermen, 99 A.L.R. 518.

Income tax: deductibility of loss incurred as director, officer, or stockholder of corporation, 99 A.L.R. 566.

Income tax: purchased annuities, 99 A.L.R. 624.

Income tax in respect of exchange of properties, 102 A.L.R. 6.

Validity and construction of state statutes imposing tax on income derived from dividends on stock of foreign corporations, 102 A.L.R. 77; 143 A.L.R. 147.

Method or formula for determination for income tax purposes of value of corporate stock absent sufficient basis in transactions of purchase and sale, 103 A.L.R. 955.

Income tax in relation to stock dividends (including character of corporate distributions as stock dividends), 105 A.L.R. 761; 130 A.L.R. 408; 143 A.L.R. 230; 144 A.L.R. 1337; 167 A.L.R. 554.

Income tax in respect of accrued interest on purchase of mortgaged property by mortgagee, 108 A.L.R. 441.

Deductibility in computing state income tax of amount paid or payable in respect of succession, inheritance, or estate tax, 108 A.L.R. 1401.

Income tax in respect of salaries of public officers and employees, 108 A.L.R. 1439; 114 A.L.R. 1190; 120 A.L.R. 1477; 122 A.L.R. 1393; 125 A.L.R. 1421.

Payment to one performing services as compensation subject to income tax or gift exempt therefrom, 110 A.L.R. 285.

Construction and application of statutory provisions allowing deduction, in computing income tax of decedent's estate or of trust, of amounts distributable or distributed to legatees, heirs or beneficiaries, 117 A.L.R. 372; 142 A.L.R. 1109.

Applicability, construction, and effect of provision of income tax act excluding from income subject to tax the value of property acquired by gift, devise, bequest, or descent, 119 A.L.R. 415.

Construction and application of provision of income tax statute regarding exclusion from gross income of proceeds of life insurance received on death of insured, 119 A.L.R. 1195; 133 A.L.R. 413; 170 A.L.R. 315.

When dividends on corporate stock become taxable as income to a taxpayer making his return on a cash basis, 120 A.L.R. 1280; 143 A.L.R. 596; 158 A.L.R. 1432; 167 A.L.R. 303.

Year in which loss or bad debt must be charged in order to be allowed as a deduction from taxpayer's income, 121 A.L.R. 697; 135 A.L.R. 1430.

Scope of term "obligations" in provision of Internal Revenue Act exempting interest upon obligations of state, territory, or political subdivisions from tax, 121 A.L.R. 1276.

Income tax: deductibility of interest or penalties paid or incurred by taxpayer on account of delinquent or deferred taxes, 121 A.L.R. 1464.

Question whether gift is valid, or a mere sham, as regards income tax of donor, 125 A.L.R. 779.

Constitutionality of tax upon privilege of declaring or receiving dividends as regards dividends by foreign corporations, 130 A.L.R. 1237; 46 A.L.R. 1214.

Constitutionality, construction, and application of statutory provisions for taxation of grantor on income of revocable trust and trust income distributable to him, 132 A.L.R. 785; 143 A.L.R. 1116.

Liability of settlor for income tax in respect of trust income applied to relieve him of financial obligation or burden, 132 A.L.R. 819; 158 A.L.R. 1315.

Liability of settlor for income tax in respect of income of short-term trust, or trust over which he retains control and management, 132 A.L.R. 844; 153 A.L.R. 550; 166 A.L.R. 1308.

Construction and application of provision of income tax statute regarding exclusion from gross income of proceeds of life insurance received on death of insured, 133 A.L.R. 413; 170 A.L.R. 315.

Income tax on stockholders in respect of undistributed profits of corporation, 133 A.L.R. 806.

Time as of which value of property taken by remainderman is to be determined in ascertaining profit or loss from its sale for income tax purposes, 134 A.L.R. 1163.

Income tax on gain or loss realized by partner upon sale of his interest in partnership, 144 A.L.R. 354.

Provisions of income tax statutes as to inclusion of interest as applicable to interest on tax refunds, 147 A.L.R. 846.

Trustor as subject to income tax in respect of income of irrevocable trust for charitable purposes, 148 A.L.R. 1236.

What is an "income tax" within deduction provisions of income tax statute, 151 A.L.R. 983.

Interest deductible in computing income tax, 154 A.L.R. 934.

Income tax in respect of amount received by, or credited or accrued to, taxpayer who has returned, or may be required to return, it, or to cancel the credit which it represents, 154 A.L.R. 1276.

Income tax: deductibility of expenses of one seeking public office or public or private employment, 155 A.L.R. 128.

When dividends on corporate stock become taxable as income, 158 A.L.R. 1432; 167 A.L.R. 303.

Income taxes: when deduction for traveling and living expenses while away from home on business may be claimed, 159 A.L.R. 1217.

Character for tax purposes of arrangement whereby one obtains an annuity contract having a surrender value, or obtains at the same time a life insurance policy and an annuity or endowment contract, 159 A.L.R. 1336.

Year as of which an assignment, in whole or in part, of unsettled claim against a third person becomes a realized gain for purposes of income tax of assignee, 162 A.L.R. 318.

Right to deduct from taxable income as business expense share of profits of business which taxpayer has agreed to pay to another for property, 162 A.L.R. 836.

Income tax of owner as affected by disposition of mortgaged premises, 162 A.L.R. 907.

Right of owner of all shares of corporation or association taxable as corporation to have its income taxed as his personal income, 162 A.L.R. 996.

Gain or loss on sale of business as computable on basis of sale of single piece of property or of separate fragments or ingredients, 162 A.L.R. 1041.

Constitutionality, construction, and application of provisions of state tax law for conformity with federal income tax law or administrative and judicial interpretation, 166 A.L.R. 516; 42 A.L.R.2d 797.

Year in which corporate stock becomes worthless for purpose of deducting loss from taxpayer's income, 166 A.L.R. 716.

Gains from unlawful business or transaction as subject of income tax, 166 A.L.R. 891.

Liability of settlor for income tax in respect of income of short-term trust, or trust over which he retains control and management, 166 A.L.R. 1308.

When dividends on corporate stock become taxable as income, 167 A.L.R. 303.

What constitutes doing business, business done, or the like, outside the state for purposes of allocation of income under tax laws, 167 A.L.R. 943.

Construction and application of provision of income tax statute regarding exclusion from gross income of proceeds of life insurance received on death of insured, 170 A.L.R. 315.

Interest paid to assignee or donee of obligation, for period antedating assignment or transfer, as taxable income of assignor or donor, 174 A.L.R. 619.

Income tax: recognition of gain or loss on receipt of public refunding bonds for old bonds, 1 A.L.R.2d 415.

Employee's acquisition of employer's commodities at discount or without cost as within sales or gross income tax statute, 1 A.L.R.2d 1020.

Income tax treatment of payment to spouse for relinquishment of inchoate marital rights in property of other spouse, 1 A.L.R.2d 1037.

Construction of provisions of Internal Revenue Code relating to alimony or maintenance payments, 4 A.L.R.2d 252.

Giving negotiable paper for debt as payment for purposes of federal income tax laws, 4 A.L.R.2d 1223.

Scope and application of term "other obligations" in federal statute exempting stocks, bonds, treasury notes and other obligations from taxation by or under state or municipal or local authority, 9 A.L.R.2d 521.

What constitute amounts received under workmen's compensation acts within exemption provisions of federal income tax law, 16 A.L.R.2d 1334.

What constitutes transaction entered into for profit for purposes of income tax deduction, 39 A.L.R.2d 878.

Constitutionality, construction, and application provisions of state tax law for conformity with federal income tax law or administrative and judicial interpretation, 42 A.L.R.2d 797.

Income tax consequences to shareholder of dividend in kind, 56 A.L.R.2d 474.

Tips as wages for purposes of Federal Labor Standards Act and state wage laws, 65 A.L.R.2d 974.

Payment of premiums by corporation on policy on life of stockholder as constituting taxable income to the insured, 73 A.L.R.2d 708.

Modern status of rules governing allocation of stock dividends or splits between principal and interest, 81 A.L.R.3d 876.

Decision to take foreign income taxes as federal credit under § 901 of the Internal Revenue Code (26 USCS § 901) as precluding their deduction for state income tax purposes, 77 A.L.R.4th 823.

Construction and application of state corporate income tax statutes allowing net operation loss deductions, 33 A.L.R.5th 509.

State income tax treatment of S corporations and their shareholders, 118 A.L.R.5th 597.

What constitutes trade or business under Internal Revenue Code (U.S.C.A. Title 26), 161 A.L.R. Fed. 245.

Construction and Application of 18 U.S.C.A. § 209, Restricting Salary of Government Officials and Employees as Payable Only By United States, 23 A.L.R. Fed. 3d 4.

Construction and Application of 26 U.S.C.A. § 105(a), Respecting Determination Whether Taxpayer's Disability Insurance Payments Constitute Gross Income, 25 A.L.R. Fed. 3d 11.

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