(a) As used in this Code section, the term: (1) "Alternative fuel" means methanol, denatured ethanol, and
other alcohols; mixtures containing 85 percent or more by volume
of methanol, denatured ethanol, and other alcohols with gasoline
or other fuels; natural gas; liquefied petroleum gas; hydrogen;
coal derived liquid fuels; fuels other than alcohol derived from
biological materials; and electricity, including electricity from
solar energy. (2) "Clean fueled vehicle" means a motor vehicle which has been
certified by the Environmental Protection Agency to meet, for any
model year, a set of emission standards that classifies it as a
low-emission vehicle or zero emission vehicle. (3) "Conventionally fueled vehicle" means a motor vehicle which is
fueled solely by a petroleum based fuel such as gasoline or
diesel. (4) "Converted vehicle" means a motor vehicle that is retrofitted
so that it is fueled solely by an alternative fuel and which meets
the emission standards set forth for that class of low-emission
vehicles as defined under rules and regulations of the Board of
Natural Resources applicable to clean fueled vehicles, as amended,
when operating on such alternative fuel, or which meets the
emission standards set forth for zero emission vehicles as defined
under rules and regulations of the Board of Natural Resources. (5) "Low-emission vehicle" means a motor vehicle which is fueled
solely by an alternative fuel and which meets emission standards
as defined under rules and regulations of the Board of Natural
Resources applicable to clean fueled vehicles classified as
low-emission vehicles, as amended, when operating on such
alternative fuel. (6) "Motor vehicle" means any self-propelled vehicle designed for
transporting persons or property on a street or highway that is
registered by the Motor Vehicle Division of the Department of
Revenue. (7) "Zero emission vehicle" means a motor vehicle which has zero
tailpipe and evaporative emissions as defined under rules and
regulations of the Board of Natural Resources applicable to clean
fueled vehicles, as amended, and shall include an electric vehicle
whose drive train is powered solely by electricity, provided said
electricity is not provided by any on-board combustion device. (b) A tax credit is allowed against the tax imposed under this
article to a taxpayer for the purchase or lease of a new
low-emission vehicle or zero emission vehicle that is registered in
the State of Georgia. The amount of the credit shall be $2,500.00
per new low-emission vehicle and $5,000.00 per new zero emission
vehicle. (c) A tax credit is allowed against the tax imposed under this
article to a taxpayer for the conversion of a conventionally fueled
vehicle to a converted vehicle that is registered in the State of
Georgia. The amount of the credit shall be equal to the cost of
conversion, not to exceed $2,500.00 per converted vehicle. (d) A tax credit is allowed against the tax imposed under this
article to any business enterprise for the purchase or lease of each
electric vehicle charger that is located in the State of Georgia.
The amount of the credit shall be $2,500.00 per charger. (e) The credits granted under this Code section shall be subject to
the following conditions and limitations: (1) All claims for any credit provided by subsection (b) of this
Code section shall be: (A) Accompanied by a certification approved by the Environmental
Protection Division of the Department of Natural Resources; and (B) Made only by a taxpayer who is the owner of a new clean
fueled vehicle, as evidenced by the certificate of title issued
for such vehicle; provided, however, that if a new clean fueled
vehicle is leased to a taxpayer at retail, the taxpayer who is
the lessee shall be entitled to claim the credit; provided,
further, that only one taxpayer shall be eligible to claim any
credit provided by subsection (b) of this Code section; (2) All claims for any credit provided by subsection (c) of this
Code section must be accompanied by a certification issued by the
Environmental Protection Division of the Department of Natural
Resources; (3) All claims for any credit provided by subsection (d) of this
Code section shall be: (A) Accompanied by a certification issued by the seller where
the new electric vehicle charger was purchased or leased; and (B) Made only by a taxpayer who is the ultimate purchaser or
lessee of a new electric vehicle charger at retail; (4) Any credit claimed under this Code section but not used in any
taxable year may be carried forward for five years from the close
of the taxable year in which a new clean fueled vehicle was
purchased or leased or a conventionally fueled vehicle was changed
into a converted vehicle, provided that the applicable
certification required in paragraph (1) or (2) of this subsection
accompanies any such claim; and (5) In no event shall the amount of any tax credit provided in
this Code section exceed the taxpayer's income tax liability. (f) The state revenue commissioner shall be authorized to adopt
rules and regulations to provide for the administration of any tax
credit provided by this Code section. (g) The Board of Natural Resources shall be authorized to adopt
rules and regulations to provide for: (1) The specific standards and requirements for low-emission
vehicles, zero emission vehicles, and converted vehicles and
electric vehicle chargers which shall be consistent with the terms
of this Code section;
(2) An approved certification form which certifies the purchase or
lease of a new clean fueled vehicle that is qualified for a tax
credit provided by this Code section; (3) The certification of any converted vehicle that is qualified
to claim a tax credit provided by this Code section; and (4) An approved certification form which shall be issued by the
seller which certifies the purchase or lease of a new electric
vehicle charger that is qualified for a tax credit provided by
this Code section. |