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(a) As used in this Code section, the term:
(1) “Qualified caregiving expenses” means payments by the taxpayer for home health agency services, personal care services, personal care attendant services, homemaker services, adult day care, respite care, or health care equipment and supplies which equipment and supplies have been determined to be medically necessary by a physician which services, care, or equipment and supplies are:
(A) Provided to the qualifying family member; and
(B) Purchased or obtained from an organization or individual not related to the taxpayer or the qualifying family member.
(2) “Qualifying family member” means the taxpayer or an individual who is related to the taxpayer by blood, marriage, or adoption and who:
(A) Is at least 62 years of age; or
(B) Has been determined to be disabled by the Social Security Administration.
(b) A taxpayer shall be allowed a credit against the tax imposed by Code Section 48-7-20 for qualified caregiving expenses in an amount not to exceed 10 percent of the total amount expended for qualified caregiving expenses. No taxpayer shall be entitled to such credit with respect to the same qualified caregiving expenses claimed by another taxpayer.
(c) In no event shall the amount of the tax credit exceed $150.00 or the taxpayer’s income tax liability, whichever is less. Any unused tax credit shall not be allowed to be carried forward to apply to the taxpayer’s succeeding years’ tax liability. No such tax credit shall be allowed the taxpayer against prior years’ tax liability.
(d) No credit shall be allowed under this Code section with respect to any qualifying caregiving expenses either deducted or subtracted by the taxpayer in arriving at Georgia taxable net income or with respect to any qualified caregiving expenses for which amounts were excluded from Georgia taxable net income.
(e) The commissioner shall promulgate any rules and regulations necessary to implement and administer this Code section. History. Code 1981, § 48-7-29.2, enacted by Ga. L. 1998, p. 927, § 1; Ga. L. 2002, p. 415, § 48. Code Commission notes. Pursuant to Code Section 28-9-5, in 1998, Code Section 48-7-29.1 as enacted by Ga. L. 1998, p. 927, § 1, was redesignated as Code Section 48-7-29.2. Editor’s notes. Ga. L. 1987, p. 191, § 2 repealed former Code Section 48-7-29.2, relating to solar energy credit, effective March 11, 1987. Ga. L. 1998, p. 927, § 2, not codified by the General Assembly, makes this Code section applicable to all taxable years beginning on or after January 1, 1999. Administrative rules and regulations. Qualified caregiving expense credit, Official Compilation of the Rules and Regulations of the State of Georgia, Department of Revenue, Income Tax Division, Returns and Collections, § 560-7-8-.43.