|HB 1513 - Income tax; qualified caregiving expenses; provide for credit|
First Reader Summary
A BILL 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 a tax
credit for certain amounts expended for qualified caregiving
expenses; and for other purposes.
Page Numbers -
||Read 1st Time
||Read 2nd Time
||Read 3rd Time
||Sent to Governor
||Signed by Governor
HB 1513 HB 1513/FA
H. B. No. 1513 (AM)
By: Representatives Sherrill of the 62nd, Buck of the
135th, Jamieson of the 22nd, Heard of the 89th and Polak of
A BILL TO BE ENTITLED
1- 1 To amend Article 2 of Chapter 7 of Title 48 of the Official
1- 2 Code of Georgia Annotated, relating to the imposition, rate,
1- 3 and computation of income tax, so as to provide for a tax
1- 4 credit for certain amounts expended for qualified caregiving
1- 5 expenses; to provide for definitions; to provide for
1- 6 conditions and limitations; to provide for authority of the
1- 7 state revenue commissioner with respect to the foregoing; to
1- 8 provide an effective date; to provide for applicability; to
1- 9 repeal conflicting laws; and for other purposes.
1-10 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
1-11 SECTION 1.
1-12 Article 2 of Chapter 7 of Title 48 of the Official Code of
1-13 Georgia Annotated, relating to the imposition, rate, and
1-14 computation of income tax, is amended by adding a new Code
1-15 section immediately following Code Section 48-7-29, to be
1-16 designated Code Section 48-7-29.1, to read as follows:
1-18 (a) As used in this Code section, the term:
1-19 (1) 'Qualified caregiving expenses' means payments by
1-20 the taxpayer for home health agency services, personal
1-21 care services, personal care attendant services,
1-22 homemaker services, adult day care, respite care, or
1-23 health care equipment and supplies which equipment and
1-24 supplies have been determined to be medically necessary
1-25 by a physician which services, care, or equipment and
1-26 supplies are:
1-27 (A) Provided to the qualifying family member; and
1-28 (B) Purchased or obtained from an organization or
1-29 individual not related to the taxpayer or the
1-30 qualifying family member.
2- 1 (2) 'Qualifying family member' means the taxpayer or an
2- 2 individual who is related to the taxpayer by blood,
2- 3 marriage, or adoption and who:
2- 4 (A) Is at least 62 years of age; or
2- 5 (B) Has been determined to be disabled by the Social
2- 6 Security Administration.
2- 7 (b) A taxpayer shall be allowed a credit against the tax
2- 8 imposed by Code Section 48-7-20 for qualified caregiving
2- 9 expenses in an amount not to exceed 10 percent of the
2-10 total amount expended for qualified caregiving expenses.
2-11 No taxpayer shall be entitled to such credit with respect
2-12 to the same qualified caregiving expenses claimed by
2-13 another taxpayer.
2-14 (c) In no event shall the amount of the tax credit exceed
2-15 $150.00 or the taxpayer's income tax liability, whichever
2-16 is less. Any unused tax credit shall not be allowed to be
2-17 carried forward to apply to the taxpayer's succeeding
2-18 years' tax liability. No such tax credit shall be allowed
2-19 the taxpayer against prior years' tax liability.
2-20 (d) No credit shall be allowed under this Code section
2-21 with respect to any qualifying caregiving expenses either
2-22 deducted or subtracted by the taxpayer in arriving at
2-23 Georgia taxable net income or with respect to any
2-24 qualified caregiving expenses for which amounts were
2-25 excluded from Georgia net taxable income.
2-26 (e) The commissioner shall promulgate any rules and
2-27 regulations necessary to implement and administer this
2-28 Code section."
2-29 SECTION 2.
2-30 This Act shall become effective on January 1, 1999, and
2-31 shall be applicable to all taxable years beginning on or
2-32 after January 1, 1999.
2-33 SECTION 3.
2-34 All laws and parts of laws in conflict with this Act are
Clerk of the House
Robert E. Rivers, Jr., Clerk
Last Updated on 04/28/98