Ga. Comp. R. & Regs. R. 560-7-8-.44 - Disabled Person Home Purchase or Retrofit Credit

(1) Definitions.

(a) Accessibility Features. For purposes of this rule, accessibility features are defined as:

1. One no-step entrance allowing access into the residence;

2. Interior passage doors providing at least a 32-inch wide clear opening;

3. Reinforcements in bathroom walls allowing later installation of grab bars around the toilet, tub, and shower, where such facilities are provided; and

4. Light switches and outlets placed in accessible locations.

(b) Taxpayer.

1. For purposes of this rule, taxpayer is defined as:

(i) A permanently disabled person who has been issued a permanent parking permit by the Department of Public Safety under O.C.G.A. § 40-6-222(c); or

(ii) A person who has been issued a special permanent parking permit by the Department of Public Safety under O.C.G.A. § 40-6-222(e).

2. The disabled person must be the taxpayer or the taxpayer's spouse if a joint return is filed. If the taxpayer's dependent is disabled, they would not qualify for this credit.

(2) Purchase of a new single-family home. A taxpayer shall be allowed a credit against the tax imposed by O.C.G.A. § 48-7-20. The credit is in the amount of $500.00 with respect to the purchase during the taxable year of a new, single-family home containing all of the accessibility features defined under subparagraph (1)(a). New is defined for purposes of this paragraph as brand new, not just new to the owner. The home must contain all of the accessibility features in order to qualify for the credit mentioned in this paragraph. If the home does not contain all of the accessibility features, no credit is allowed under this paragraph. However, the home does not have to have all of the features throughout the entire home. At a minimum, the home has to have at least one of each of the features listed in subparagraph (1)(a).

(3) Retrofit of an existing single-family home. A taxpayer shall be allowed a credit against the tax imposed by O.C.G.A. § 48-7-20. For qualifying expenditures made to retrofit an existing, single- family home with one or more accessibility features as defined under subparagraph (1)(a), a credit shall be allowed with respect to each such accessibility feature in the amount of $125.00 or the actual cost of such accessibility feature, whichever is lower, provided that the aggregate amount of such credit under this paragraph for such accessibility features shall not exceed $500.00. For purposes of this paragraph, the entire home does not have to be retrofitted with the particular accessibility feature. Part of the home could be retrofitted with one feature and the next year the other part of the home could be retrofitted with the same feature. In this case, a credit would be allowed for each year. Additionally, if the taxpayer lives in a home they rent instead of owning, they would still be allowed a credit under this paragraph provided the taxpayer pays for the expenditure.

(4) Limitations.

(a) In no event shall the total amount of the tax credit under this rule for a taxable year exceed $500.00 per residence or the taxpayer's income tax liability, whichever is less. If the taxpayer lives in more than one home, they would be allowed a credit for each home that is lived in during the year. The following example illustrates this:

1. The taxpayer retrofits his existing home during the year with all of the accessibility features listed in subparagraph (1)(a) and qualifies for a $500.00 credit. During the same year, the taxpayer purchases and moves into a new home that qualifies for the $500.00 credit. In this situation, the taxpayer would be entitled to a $500.00 credit for each home.

(b) Any unused tax credit shall be allowed to be carried forward to apply to the taxpayer's next three succeeding years' tax liability. No such tax credit shall be allowed the taxpayer against prior years' tax liability. No such tax credit shall be allowed the taxpayer against prior years' tax liability.

Notes

Ga. Comp. R. & Regs. R. 560-7-8-.44

O.C.G.A. Secs. 48-2-12, 48-7-29.1.

Original Rule entitled "Disabled Person Home Purchase or Retrofit Credit" adopted. F. Dec. 26, 2001; eff. Jan. 15, 2002.