Title 48, Chapter 7, Section 30
( 48-7-30)
(a) The tax imposed by this chapter shall apply to the entire net
income of a taxable nonresident derived from employment, trade,
business, professional, or other activity for financial gain or
profit performed or carried on within this state including, but not
limited to, the rental of real or personal property located within
this state or for use within this state, the sale, exchange, or
other disposition of tangible or intangible property having a situs
in this state, and the receipt of proceeds of any lottery prize
awarded by the Georgia Lottery Corporation. (b) A taxable nonresident whose income is derived from employment,
trade, business, professional, or other activity performed or
carried on within and outside this state shall be taxed only upon
the income derived from carrying on the activity within this state.
The amount of taxable income may be determined by a separate
accounting of the income if the commissioner is satisfied that the
separate accounting reflects correctly the income fairly
attributable to this state. Otherwise, the amount of taxable income
shall be determined in the manner prescribed by this chapter for the
allocation and apportionment of income of corporations engaged in
business within and outside this state. (c) Except as otherwise provided by law, all provisions of this
chapter with respect to the definitions, determination, and
computation of taxable net income of residents of this state and
with respect to the assessment, levy, and collection of the tax
imposed by this chapter on the net income of residents of this state
shall apply equally to the taxation of the net income of taxable
nonresidents. (d)(1) A taxable nonresident shall be allowed to deduct allowable
expenses, interest, taxes, losses, bad debts, depreciation, and
similar business expenses when the income of the taxable
nonresident is derived from: (A) Employment, trade, business, professional, or other activity
performed or carried on: (i) Entirely within this state; or (ii) Within and outside this state when the nonresident is
permitted by the commissioner to use separate accounting; (B) The rental of real or personal property located within this
state or for use within this state; (C) The sale, exchange, or other disposition of tangible or
intangible property having a situs in this state. (2) Expenses allowable to a taxable nonresident as provided in
paragraph (1) of this subsection shall be allowable only to the
extent that the expenses are attributable to the production of
income allocable to and taxable by this state. As to allowable
deductions essentially personal in nature, such as contributions
to charitable organizations, alimony, medical expenses, the
optional standard deduction, personal exemptions, and credits for
dependents, the taxable nonresident shall be allowed deductions
for such deductions essentially personal in nature in the ratio
that the gross income allocated to this state bears to the total
gross income of the taxable nonresident computed as if the taxable
nonresident were a resident of this state. The commissioner may
accept total federal gross income as the equivalent of total
Georgia gross income for purposes of this allocation. (e) A taxable nonresident whose income is derived from the
activities specified in subsection (d) of this Code section
performed or carried on within and outside this state and who is
required to allocate and apportion his income in the manner of
corporations engaged in business within and outside this state shall
compute his net taxable income as if he were a resident of this
state. The net taxable income so computed shall be apportioned in
the manner of corporations engaged in business within and outside
this state. |