TAXPAYER SERVICES DIVISION

FEDERAL TAX CHANGES AND HOW THEY AFFECT 2013 RETURNS

Updated November, 2013

The Governor signed House Bill 266 into law which is the annual Internal Revenue code update. Consequently, for taxable years beginning on or after January 1, 2013, except as discussed below, Georgia has adopted the provisions of all federal acts (as they relate to the computation of Federal Adjusted Gross Income (AGI) or federal taxable income for non-individuals) that were enacted on or before January 3, 2013. For 2013, the I.R.C. Section 179 deduction is $250,000 and the related phase out is $800,000. Georgia has not adopted the Section 179 deduction for certain real property.

HB 266 also allows the rollover of amounts received in certain airline bankruptcies in years before 2012:

  1. In previous years, pension amounts were rolled over into ROTH IRAs which was a taxable event.
  2. In 2012, the Federal Government allowed these amounts to be retroactively rolled into a regular IRA which was a non taxable event.
  3. Georgia taxpayers are now allowed to file amended returns (as they have been allowed to do for federal purposes). The amended returns must be filed within the normal statute of limitations or if later by November 15, 2013. However, no interest will be paid on those amended returns. For instructions on how to file these amended returns, please click here.

Georgia has not adopted I.R.C. Section 168(k) (the 30%, 50% and 100% bonus depreciation rules) except for I.R.C. Section 168(k)(2)(A)(i) (the definition of qualified property), I.R.C. Section 168(k)(2)(D)(i) (exceptions to the definition of qualified property), and I.R.C. Section 168(k)(2)(E) (special rules for qualified property) and Georgia has not adopted I.R.C. Section 199 (federal deduction for income attributable to domestic production activities).

Georgia has also not adopted the following:

  1. The exclusion of $2,400 of unemployment income for 2009, I.R.C. Section 85(c).
  2. Additional itemized deduction for the sales tax on the purchase of a new vehicle in 2009, I.R.C. Sections 164(a)(6) and 164(b)(6). Please note: Georgia also does not allow the increased standard deduction for sales tax on the purchase of a new vehicle in 2009 because Georgia has its own standard deduction.
  3. The election to increase the normal two year net operating loss carryback to 3, 4, or 5 years for tax years 2008 and 2009, I.R.C. Sections 172(b)(1)(H) and 810(b)(4).
  4. The transition rule that would allow a taxpayer to revoke a prior election to forego the net operating loss carryback period.
  5. Deferral of debt income from reacquisitions of business debt at a discount in 2009 and 2010 which is federally deferred for up to five years, then included ratably over five years, I.R.C. Section 108(i).
  6. Modified rules for high yield original issue discount obligations, I.R.C. Sections 163(e)(5)(F) and 163(i)(1).
  7. New York Liberty Zone Benefits, I.R.C. Section 1400L
  8. 50% first year depreciation for post 8/28/2006 Gulf Opportunity Zone property, I.R.C. Section 1400N(d)(1)
  9. 50% bonus depreciation for most tangible property and computer software bought after May 4, 2007 and placed in service in the Kansas Disaster Area, I.R.C. Section 1400N(d)(1)
  10. 50% bonus depreciation for “qualified reuse and recycling property”, I.R.C. Section 168(m)
  11. 50% bonus depreciation in connection with disasters federally declared after 2007, I.R.C. Section 168(n)
  12. Increased ($8,000) first-year depreciation limit for passenger automobiles if the passenger automobile is “qualified property,” I.R.C. Section 168(k)
  13. 15 year straight-line cost recovery period for certain improvements to retail space, I.R.C. Sections 168(e)(3)(E)(ix), 168(e)(8), and 168(b)(3)(I)
  14. Modified rules relating to the 15 year straight-line cost recovery for qualified restaurant property (allowing buildings to now be included), I.R.C. Section 168(e)(7)
  15. 5 year depreciation life for most new farming machinery and equipment, I.R.C. Section 168(e)(3)(B)(vii)
  16. Special rules relating to Gulf Opportunity Zone public utility casualty losses, I.R.C. Section 1400N(j)
  17. 5 year carryback of NOLs attributable to Gulf Opportunity Zone losses, I.R.C. Section 1400N(k)
  18. 5 year carryback of NOLs incurred in the Kansas disaster area after May 3, 2007, I.R.C. Section 1400N(k)
  19. 5 year carryback of certain disaster losses, I.R.C. Sections 172(b)(1)(J) and 172(j)
  20. The election to deduct public utility property losses attributable to May 4, 2007 Kansas storms and tornadoes in the fifth tax year before the year of the loss, I.R.C. Section 1400N(o)
  21. Special rules relating to a financial institution being able to use ordinary gain or loss treatment for the sale or exchange of certain preferred stock after Dec. 31, 2007, I.R.C. Section 1221
  22. Temporary tax relief provisions relating to the Midwestern disaster area, I.R.C. Sections 1400N(f) and 1400N(k)

Depreciation Differences. Depreciation differences due to the Federal acts mentioned above should be treated as follows (If the taxpayer has depreciation differences from more than one Federal act, it is not necessary to make a separate adjustment for each act):

  1. 1. Depreciation must be computed one way for Federal purposes and another way for Georgia purposes. To compute depreciation for Federal purposes, taxpayers should use the current year IRS Form 4562 and attach it to the Georgia return. This should be entered on the other addition line of the return.
  2. 2. Depreciation must also be computed for Georgia purposes. Taxpayers should use Georgia Form 4562 to compute depreciation for Georgia purposes and attach it to the Georgia return. This should be entered on the other subtraction line of the return.

Federal deduction for income attributable to domestic production activities (IRC Section 199). This adjustment should be entered on the addition line of the applicable return. An adjustment to the Georgia partnership or S Corporation return is not required if the partnership or S Corporation is not allowed the Section 199 deduction directly, but instead passes through the information, needed to compute the deduction, to the partners or shareholders.

Other Differences.   Other differences should be placed on the other addition or subtraction line of the applicable return. Attach a statement to the return explaining these differences. 

Additionally, the provisions listed above may have an indirect effect on the calculation of Georgia taxable income. Adjustments for the items listed below should be added or subtracted on your Georgia income tax form.

  1. 1. When property is sold for which the bonus depreciation was claimed, there will be a difference in the gain or loss on the sale of the property.
  2. 2. The depreciation adjustment may be different if the taxpayer is subject to the passive loss rules and is not able to claim the additional depreciation on the Federal return.
  3. 3. Other Federal items that are computed based on Federal Adjusted Gross Income or Federal Taxable Income will have to be recomputed if the provisions of the Federal Acts are claimed.

Furthermore, in 2003 the IRS started requiring separate reporting, to shareholders of S Corporations and partners of partnerships, for the gain from asset sales for which an I.R.C. Section 179 deduction was claimed. Georgia follows the separate reporting treatment of the gain and the Section 179 deduction. Accordingly, the gain should not be reported directly on the S Corporation or partnership return, but the gain, along with any Georgia adjustment to the gain (due to the Federal acts), should be reported separately to the shareholders or partners.