Title 48, Chapter 6, Section 93
( 48-6-93)
(a) Municipalities and counties may each levy and collect a business license tax from depository financial institutions having an office located within their respective jurisdiction at a rate not to exceed 0.25 percent of the Georgia gross receipts, as defined and allocated in Code Section 48-6-95 and this Code section, of said depository financial institutions. Municipalities and counties may provide that the minimum annual amount of such levy upon any depository financial institution shall be not more than $1,000.00. (b) Reserved. (c) Every depository financial institution subject to the tax
authorized by this Code section shall file a return of its gross
receipts with each applicable jurisdiction levying such tax by March
1 of the year following the year in which such gross receipts are
measured. Said return shall be in the manner and in the form
prescribed by the commissioner based on the allocation method set
forth in subsection (d) of this Code section. The return shall
provide the information necessary to determine the portion of the
taxpayer's Georgia gross receipts to be allocated to each taxing
jurisdiction in which such institution has an office. Each taxing
jurisdiction which has enacted a business license tax pursuant to
subsection (a) of this Code section shall assess and collect said
tax based upon the information provided in the returns. (d) A depository financial institution's Georgia gross receipts
shall be allocated among each taxing jurisdiction in which such
institution has an office as of December 31 of the year in which
gross receipts are measured, as follows: (1) Each jurisdiction shall be assigned the gross receipts
attributable to the offices located within such jurisdiction; and (2) In determining the amount of "gross receipts" attributable to
each office, 20 percent of the institution's Georgia gross
receipts shall be attributable to that institution's principal
Georgia office, which for this purpose shall be the Georgia office
to which the greatest amount of deposits by value are
attributable. The remaining 80 percent of Georgia gross receipts
shall be attributable to the institution's other Georgia offices,
pro rata according to the number of such offices. The term
"office" as used in this Code section means a place of business of
a depository financial institution at which the institution
accepts deposits but shall not include unmanned automatic teller
machines, point-of-sale terminals, or other similar unmanned
electronic facilities at which deposits may be accepted. If there
are fewer than five offices in addition to the principal Georgia
office, the amount of gross receipts attributable to each such
office shall be determined by dividing the Georgia gross receipts
by the aggregate number of such offices. (e) Any tax paid by a depository financial institution pursuant to this Code section shall be credited dollar for dollar against any state income tax liability of such institution for the tax year during which any business or occupation tax authorized by this Code section is paid. Such credit shall be subject to the provisions of Code Section 48-7-29.7. (f) Except as authorized by this Code section, no municipality or county shall levy any form of business license tax, fee, franchise, or occupation tax on any depository financial institution. |