Albatross · Data Catalog

Georgia

GA · state · 21 cited facts

CategoryProvisionValueSource
trust-nexusIncomplete-gift nongrantor trust / ING (income tax reach)GRAY: 48-7-22(a)(1)(C) reaches a nonresident fiduciary 'managing funds or property for the benefit of a resident of this state' with zero GA situs; the DOR excuses only facts 'specifically like' Kaestner, and ING facts differ
sources (1)
O.C.G.A. Sec. 48-7-22(a)(1)(C); Ga. DOR Policy Bulletin IT-2019-02 (Kaestner response) · medium confidence · as of 2026-07-13 · TY 2026
Georgia taxes a nonresident fiduciary managing funds for the benefit of a Georgia resident; the DOR reads Kaestner narrowly
Therefore, with respect to facts that are specifically like those in Kaestner, a nonresident trust fiduciary would not be subject to Georgia taxation. Otherwise, the fiduciary would be subject to taxation under O.C.G.A. §48-7-22 and must file a return.
Note: Georgia's hook is beneficiary-based, not administration-based: a Nevada trustee managing for a GA-resident grantor-beneficiary is inside the statute. Whether Kaestner protects a current-permissible grantor-beneficiary is untested; the DOR bulletin reads the case as narrowly as possible.
https://dor.georgia.gov/document/policy-bulletin/policy-bulletin-2019-02pdf/download
estate-noneEstate and inheritance taxNone
sources (1)
O.C.G.A. 48-12-1 (as quoted on GA DOR Estate Tax FAQ) · high confidence · as of 2026-07-02 · TY 2025
No Georgia estate tax levied or returns required on and after July 1, 2014
On and after July 1, 2014, there shall be no estate taxes levied by the state and no estate tax returns shall be required by the state.
Note: DOR FAQ reproduces the statutory language and cites O.C.G.A. 48-12-1. Effective date July 1, 2014 (old survey said Jan 1).
https://dor.georgia.gov/estate-tax-faq
rateTop income tax rate (through TY2025)5.19% flat
sources (1)
Georgia Department of Revenue, Income Tax Rates page (dor.georgia.gov) · medium confidence · as of 2026-06-10 · TY 2025
Georgia flat income tax rate is 5.19% for TY2025, falling to 4.99% for TY2026+
For taxable years beginning on or after January 1, 2025, the rate of tax imposed on the Georgia taxable net income of every individual shall be 5.19 percent.
Note: HB 111 established 5.19% retroactively for TY2025. The rate falls to 4.99% for TY2026+. Georgia uses fixed-date IRC conformity (1/1/2025), which does not incorporate the OBBBA. Age 65+ taxpayers get a $65,000/person exclusion that covers capital gains.
https://dor.georgia.gov/document/document/2024-it-511-individual-income-tax-booklet/download
rateTop income tax rate (TY2026+)4.99% flat (HB 463; further cuts are trigger-based 0.125-point steps toward 3.99%)
sources (1)
Georgia DOR, Important Tax Updates; HB 463 (2026); O.C.G.A. §48-7-20 · medium confidence · as of 2026-07-03 · TY 2026
Georgia flat individual income tax rate is 4.99% beginning January 1, 2026 (HB 463)
The Georgia income tax rate has been reduced to a flat rate of 4.99%.
Note: Governor's release (2026-05-11): 'HB 463 lowers Georgia's state income tax rate from 5.19% to 4.99%, beginning January 1, 2026.' HB 463 skipped the previously scheduled 5.09% step; further cuts are trigger-based 0.125-point steps toward 3.99%, not the old 0.10-point glide. The elective PTET tracks the flat individual rate (Ga. Comp. R. & Regs. 560-7-3-.03), so it is 4.99% for TY2026.
https://dor.georgia.gov/taxes/important-tax-updates
conformityLoss carryforwardConforms to IRC §1212 indefinite federal carryforward applies
sources (1)
IRC §1212(b) · high confidence · as of 2026-06-21 · TY 2025
IRC §1212(b): capital losses carry forward only for non-corporate taxpayers; no carryback
In the case of a taxpayer other than a corporation, if there is a net capital loss for any taxable year: (1) the excess of the net short-term capital loss over the net long-term capital gain for such year shall be a short-term capital loss in the succeeding taxable year, and (2) the excess of the net long-term capital loss over the net short-term capital gain for such year shall be a long-term capital loss in the succeeding taxable year.
Note: IRC §1212(b) limits non-corporate taxpayers to carrying losses forward only ('succeeding taxable year'). IRC §1212(a), which allows a 3-year carryback, applies only to corporations. For conformity states, the federal carryforward amount flows to the state return unchanged.
https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section1212&num=0&edition=prelim
muni-instateIn-state muni bond interestExempt: O.C.G.A. §48-7-27 exempts interest on Georgia state and local obligations
sources (1)
Georgia Department of Revenue, 2024 IT-511 Individual Income Tax Booklet · medium confidence · as of 2026-06-18 · TY 2025
GA exempts GA-issued bonds; out-of-state muni bond interest is taxable per O.C.G.A. §48-7-27
Interest received from non-Georgia municipal bonds and dividends received from mutual funds that derive income from non-Georgia municipal bonds are subject to Georgia income tax.
Note: Quote is from the Georgia DOR 2024 IT-511 Individual Income Tax Booklet form instructions, not from O.C.G.A. §48-7-27 statutory text. GA bonds exempt; all other state/local muni interest is taxable.
https://dor.georgia.gov/document/document/2024-it-511-individual-income-tax-booklet/download
muni-outstateOut-of-state muni bond interestTaxable: O.C.G.A. §48-7-27: 'interest received from non-Georgia municipal bonds' is subject to Georgia income tax
sources (1)
Georgia Department of Revenue, 2024 IT-511 Individual Income Tax Booklet · medium confidence · as of 2026-06-18 · TY 2025
GA exempts GA-issued bonds; out-of-state muni bond interest is taxable per O.C.G.A. §48-7-27
Interest received from non-Georgia municipal bonds and dividends received from mutual funds that derive income from non-Georgia municipal bonds are subject to Georgia income tax.
Note: Quote is from the Georgia DOR 2024 IT-511 Individual Income Tax Booklet form instructions, not from O.C.G.A. §48-7-27 statutory text. GA bonds exempt; all other state/local muni interest is taxable.
https://dor.georgia.gov/document/document/2024-it-511-individual-income-tax-booklet/download
qoz-conformityQOZ conformity (IRC §1400Z-2)Conforms to IRC §1400Z-2 QOZ gain deferral and 10-year exclusion via fixed-date IRC conformity
sources (1)
O.C.G.A. §48-1-2(14); Georgia HB 1199 (2026); HB 265 (2021) · medium confidence · as of 2026-06-19 · TY 2025
Georgia conforms to IRC §1400Z-2 QOZ gain deferral and exclusion
The term 'Internal Revenue Code' means the United States Internal Revenue Code of 1986, as amended, and in effect on January 1, 2025, including all laws enacted as of that date which affect the provisions of the Internal Revenue Code.
Note: Georgia HB 1199 (2026) and HB 265 (2021) updated the fixed IRC conformity date; §1400Z-2 is incorporated. No Georgia DOR letter ruling explicitly names §1400Z-2. URL points to HB 1199 (2026) at the Georgia General Assembly; O.C.G.A. §48-1-2 is published commercially only.
https://www.legis.ga.gov/legislation/67019
qsbs-conformityQSBS conformity (IRC §1202)Conforms to IRC §1202 QSBS gain exclusion via fixed-date IRC conformity
sources (1)
O.C.G.A. §48-1-2(14); Georgia HB 1199 (2026) · medium confidence · as of 2026-06-19 · TY 2025
Georgia conforms to IRC §1202 QSBS gain exclusion
The term 'Internal Revenue Code' means the United States Internal Revenue Code of 1986, as amended, and in effect on January 1, 2025, including all laws enacted as of that date which affect the provisions of the Internal Revenue Code.
Note: Georgia's updated fixed-date IRC conformity incorporates §1202. No Georgia DOR ruling explicitly names §1202. URL points to HB 1199 (2026) at the Georgia General Assembly; O.C.G.A. §48-1-2 is published commercially only.
https://www.legis.ga.gov/legislation/67019
agency-obligationsGSE bond interest (FNMA/FHLMC)Taxable: Georgia IT-511 Schedule 1 lists FNMA, FHLMC, and GNMA interest as taxable; no federal bondholder exemption statute supports a Georgia subtraction
sources (1)
Georgia Department of Revenue, 2024 IT-511 Individual Income Tax Booklet, Schedule 1 (Additions to Income) · medium confidence · as of 2026-06-20 · TY 2025
Georgia IT-511 Schedule 1 lists FNMA, FHLMC, and GNMA interest as taxable additions to Georgia income
Interest received from non-Georgia municipal bonds and dividends received from mutual funds that derive income from non-Georgia municipal bonds are subject to Georgia income tax. Interest income from Federal National Mortgage Association, Federal Home Loan Mortgage Corporation, and Government National Mortgage Association obligations does not qualify for the federal interest deduction subtraction.
Note: The 2024 IT-511 booklet names FNMA, FHLMC, and GNMA explicitly per prior research. Structural basis: O.C.G.A. §48-7-27 subtraction for U.S. obligations requires federal preemption, which FNMA/FHLMC lack (no bondholder exemption statute).
https://dor.georgia.gov/document/document/2024-it-511-individual-income-tax-booklet/download
dividend-qualifiedQualified dividend incomeOrdinary rate: Georgia has no modification or deduction creating a preferential rate for qualified dividends; taxed at the flat 5.19% rate (IRC §1(h)(11) preference not adopted)
sources (1)
Georgia Department of Revenue, Income Tax Rates page (dor.georgia.gov) · medium confidence · as of 2026-06-10 · TY 2025
Georgia flat income tax rate is 5.19% for TY2025, falling to 4.99% for TY2026+
For taxable years beginning on or after January 1, 2025, the rate of tax imposed on the Georgia taxable net income of every individual shall be 5.19 percent.
Note: HB 111 established 5.19% retroactively for TY2025. The rate falls to 4.99% for TY2026+. Georgia uses fixed-date IRC conformity (1/1/2025), which does not incorporate the OBBBA. Age 65+ taxpayers get a $65,000/person exclusion that covers capital gains.
https://dor.georgia.gov/document/document/2024-it-511-individual-income-tax-booklet/download
treasuryU.S. Treasury interestExempt: 31 U.S.C. §3124(a) prohibits state taxation of U.S. government obligations (T-bills, T-notes, T-bonds, TIPS, I-bonds)
sources (1)
31 U.S.C. §3124(a) · high confidence · as of 2026-06-20 · TY 2025
U.S. Treasury interest exempt from Georgia income tax: 31 U.S.C. §3124(a) prohibits state taxation of U.S. government obligations
Stocks and obligations of the United States Government are exempt from taxation by a State or political subdivision of a State. The exemption applies to each form of taxation that would require the obligation, the interest on the obligation, or both, to be considered in computing a tax.
Note: 31 U.S.C. §3124(a) preempts state income taxation of U.S. government obligations. Covers T-bills, T-notes, T-bonds, TIPS, and I-bonds. Most states allow a deduction or subtraction by statute cross-referencing this federal preemption.
https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3124
fhlb-ffcbFHLB and FFCB bond interestExempt: 12 U.S.C. §1433 (Federal Home Loan Bank Act) and 12 U.S.C. §2023 (Farm Credit Act) mandate state tax exemption for FHLB and FFCB securities
sources (2)
12 U.S.C. §1433 (Federal Home Loan Bank Act) · high confidence · as of 2026-06-20 · TY 2025
FHLB and FFCB bond interest exempt from Georgia income tax: federal enabling statutes mandate state tax exemption
Any security issued under this chapter by a Federal home loan bank, including the stock thereof, shall be exempt from taxation, except taxes upon real estate, by any State, county, municipality, or local taxing authority.
Note: 12 U.S.C. §1433 (FHLB) and 12 U.S.C. §2023 (FFCB/Farm Credit Act) both mandate state tax exemption for securities issued under their chapters. Contrasts with FNMA (12 U.S.C. §§1719(e), 1723a(c)) and FHLMC (12 U.S.C. §1455(a)) which have no bondholder exemption statute and whose interest is taxable by income-tax states.
https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1433&num=0&edition=prelim
12 U.S.C. §2023 (Farm Credit Act) · high confidence · as of 2026-06-20 · TY 2025
Farm Credit Act: notes, bonds, debentures, and other obligations of Farm Credit Banks are instrumentalities of the United States exempt from all State, municipal, and local taxation
The mortgages held by the Farm Credit Banks and the notes, bonds, debentures, and other obligations issued by the banks shall be considered and held to be instrumentalities of the United States and, as such, they and the income therefrom shall be exempt from all Federal, State, municipal, and local taxation, other than Federal income tax liability of the holder thereof under the Public Debt Act of 1941 (31 U.S.C. 3124).
Note: 12 U.S.C. §2023 explicitly covers 'the income therefrom' (i.e., interest payments to bondholders), exempting it from all State and local taxation. The only carve-out is federal income tax on the holder. Parallel to 12 U.S.C. §1433 (FHLB Act), which exempts FHLB securities from state taxation. Together §1433 and §2023 mandate state and local tax exemption for both FHLB and FFCB bond interest. Shared across all jurisdictions: a single object reference satisfies buildCitationIndex() identity check.
https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section2023&num=0&edition=prelim
carrybackCapital loss carrybackNone: IRC §1212(b) provides carryforward only for non-corporate taxpayers; no carryback to prior years
sources (1)
IRC §1212(b) · high confidence · as of 2026-06-21 · TY 2025
IRC §1212(b): capital losses carry forward only for non-corporate taxpayers; no carryback
In the case of a taxpayer other than a corporation, if there is a net capital loss for any taxable year: (1) the excess of the net short-term capital loss over the net long-term capital gain for such year shall be a short-term capital loss in the succeeding taxable year, and (2) the excess of the net long-term capital loss over the net short-term capital gain for such year shall be a long-term capital loss in the succeeding taxable year.
Note: IRC §1212(b) limits non-corporate taxpayers to carrying losses forward only ('succeeding taxable year'). IRC §1212(a), which allows a 3-year carryback, applies only to corporations. For conformity states, the federal carryforward amount flows to the state return unchanged.
https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section1212&num=0&edition=prelim
characterLong-term capital gains treatmentOrdinary rate: no preferential long-term rate; capital gains taxed as ordinary income at the flat 5.19% rate (O.C.G.A. §48-7-20)
sources (1)
Georgia Department of Revenue, Income Tax Rates page (dor.georgia.gov) · medium confidence · as of 2026-06-10 · TY 2025
Georgia flat income tax rate is 5.19% for TY2025, falling to 4.99% for TY2026+
For taxable years beginning on or after January 1, 2025, the rate of tax imposed on the Georgia taxable net income of every individual shall be 5.19 percent.
Note: HB 111 established 5.19% retroactively for TY2025. The rate falls to 4.99% for TY2026+. Georgia uses fixed-date IRC conformity (1/1/2025), which does not incorporate the OBBBA. Age 65+ taxpayers get a $65,000/person exclusion that covers capital gains.
https://dor.georgia.gov/document/document/2024-it-511-individual-income-tax-booklet/download
filing-status-flatFiling status irrelevant: flat rate stateYes: flat 5.19% rate on Georgia taxable income regardless of filing status (O.C.G.A. §48-7-20; TY2025)
sources (1)
Georgia Department of Revenue, Income Tax Rates page (dor.georgia.gov) · medium confidence · as of 2026-06-10 · TY 2025
Georgia flat income tax rate is 5.19% for TY2025, falling to 4.99% for TY2026+
For taxable years beginning on or after January 1, 2025, the rate of tax imposed on the Georgia taxable net income of every individual shall be 5.19 percent.
Note: HB 111 established 5.19% retroactively for TY2025. The rate falls to 4.99% for TY2026+. Georgia uses fixed-date IRC conformity (1/1/2025), which does not incorporate the OBBBA. Age 65+ taxpayers get a $65,000/person exclusion that covers capital gains.
https://dor.georgia.gov/document/document/2024-it-511-individual-income-tax-booklet/download
migration-loss-conformityMigration loss carryforward conformityDisallowed: Georgia adds back deductions and losses that resulted from transactions occurring in years in which the individual was not subject to Georgia income tax (Ga. Comp. R. & Regs. 560-7-4-.01), so an imported pre-residency capital-loss carryforward cannot offset Georgia gains.
sources (1)
Ga. Comp. R. & Regs. 560-7-4-.01 · high confidence · as of 2026-06-30 · TY 2025
Georgia adds back losses from transactions occurring in years the individual was not subject to Georgia income tax
There shall be added to 'net income' the amount of deductions reflected therein which resulted from transactions occurring in years in which the individual was not subject to Georgia income tax. Such deductions shall include but not be limited to, contribution carryovers, capital loss carryovers, and net operating loss carryovers.
Note: Ga. Comp. R. & Regs. 560-7-4-.01 requires a nonresident or part-year resident to add back deductions and losses that resulted from transactions occurring in years in which the individual was not subject to Georgia income tax, so an imported pre-residency capital-loss carryforward cannot offset Georgia gains. Verbatim text verified live 2026-06-30 against Ga. Comp. R. & Regs. 560-7-4-.01(2).
https://rules.sos.ga.gov/GAC/560-7-4-.01
ptet-availablePass-through entity tax (SALT-cap workaround) availableYes (HB 149, 2021; O.C.G.A. §48-7-21(b)(7)(C), §48-7-23; annual election, irrevocable for the year)
sources (1)
O.C.G.A. §48-7-21(b)(7)(C); §48-7-23 (HB 149, 2021); Ga. Comp. R. & Reg. §560-3-2-.26 · medium confidence · as of 2026-07-02 · TY 2025
Georgia elective pass-through entity tax rate tracks the flat individual rate: 5.19% for TY2025
There is a 5.19% income tax on Partnerships that own property, do business in Georgia or receive income form Georgia sources.
Note: SALT-cap workaround: HB 149 (2021) lets a partnership or S corporation elect (annually, irrevocably for the year) to pay Georgia income tax at the entity level at the flat individual rate. 'income form Georgia sources' [sic] is verbatim from the DOR page. The rate falls to 4.99% for TY2026 per dor.georgia.gov/taxes/important-tax-updates. Confidence medium: DOR guidance page.
https://dor.georgia.gov/taxes/taxes-partnerships
ptet-ratePass-through entity elective tax rate (through TY2025)5.19% (tracks Georgia's flat individual rate)
sources (1)
O.C.G.A. §48-7-21(b)(7)(C); §48-7-23 (HB 149, 2021); Ga. Comp. R. & Reg. §560-3-2-.26 · medium confidence · as of 2026-07-02 · TY 2025
Georgia elective pass-through entity tax rate tracks the flat individual rate: 5.19% for TY2025
There is a 5.19% income tax on Partnerships that own property, do business in Georgia or receive income form Georgia sources.
Note: SALT-cap workaround: HB 149 (2021) lets a partnership or S corporation elect (annually, irrevocably for the year) to pay Georgia income tax at the entity level at the flat individual rate. 'income form Georgia sources' [sic] is verbatim from the DOR page. The rate falls to 4.99% for TY2026 per dor.georgia.gov/taxes/important-tax-updates. Confidence medium: DOR guidance page.
https://dor.georgia.gov/taxes/taxes-partnerships
ptet-ratePass-through entity elective tax rate (TY2026+)4.99% (tracks the HB 463 flat individual rate per Ga. Comp. R. & Regs. 560-7-3-.03)
sources (2)
Georgia DOR, Important Tax Updates; HB 463 (2026); O.C.G.A. §48-7-20 · medium confidence · as of 2026-07-03 · TY 2026
Georgia flat individual income tax rate is 4.99% beginning January 1, 2026 (HB 463)
The Georgia income tax rate has been reduced to a flat rate of 4.99%.
Note: Governor's release (2026-05-11): 'HB 463 lowers Georgia's state income tax rate from 5.19% to 4.99%, beginning January 1, 2026.' HB 463 skipped the previously scheduled 5.09% step; further cuts are trigger-based 0.125-point steps toward 3.99%, not the old 0.10-point glide. The elective PTET tracks the flat individual rate (Ga. Comp. R. & Regs. 560-7-3-.03), so it is 4.99% for TY2026.
https://dor.georgia.gov/taxes/important-tax-updates
O.C.G.A. §48-7-21(b)(7)(C); §48-7-23 (HB 149, 2021); Ga. Comp. R. & Reg. §560-3-2-.26 · medium confidence · as of 2026-07-02 · TY 2025
Georgia elective pass-through entity tax rate tracks the flat individual rate: 5.19% for TY2025
There is a 5.19% income tax on Partnerships that own property, do business in Georgia or receive income form Georgia sources.
Note: SALT-cap workaround: HB 149 (2021) lets a partnership or S corporation elect (annually, irrevocably for the year) to pay Georgia income tax at the entity level at the flat individual rate. 'income form Georgia sources' [sic] is verbatim from the DOR page. The rate falls to 4.99% for TY2026 per dor.georgia.gov/taxes/important-tax-updates. Confidence medium: DOR guidance page.
https://dor.georgia.gov/taxes/taxes-partnerships
ptet-credit-mechanismPTET owner recovery mechanismExclusion: the electing entity pays the tax and the income is not taxed to the owners; owners get NO credit for the entity-level Georgia tax
sources (2)
Georgia Department of Revenue, HB 149 Pass-Through Entity Tax FAQ · medium confidence · as of 2026-07-02 · TY 2025
Georgia PTET owners are not eligible for a credit for the entity-level Georgia tax
The owners are not eligible to claim a credit for taxes paid to Georgia with respect to income taxed at the entity level by Georgia.
https://dor.georgia.gov/hb-149-pass-through-entity-tax-faq
Georgia Department of Revenue, HB 149 Pass-Through Entity Tax FAQ · medium confidence · as of 2026-07-02 · TY 2025
Georgia PTET mechanism is exclusion: the electing entity pays the tax and the income is not taxed again to the owners
When electing to pay tax at the entity level, the income tax is paid by the partnership and not by the partners.
https://dor.georgia.gov/hb-149-pass-through-entity-tax-faq