Corporation returns; contents; consolidated returns of two or more corporations; returns by receivers, trustees, and assignees; collection.

Every corporation subject to taxation under this chapter shall make a return stating specifically the items of its gross income and the deductions and credits allowed by this chapter. The income of two or more corporations shall not be included in a single return except pursuant to an election made under Code Section 48-7-21 or with the express consent of the commissioner. When a receiver, trustee in bankruptcy, or assignee is operating the property or business of a corporation, the receiver, trustee, or assignee shall make returns for the corporation in the same manner and form as the corporation is required to make returns. Any tax due on the basis of returns made by a receiver, trustee, or assignee shall be collected in the same manner as if collected from the corporation of whose business or property he or she has custody and control. History. Ga. L. 1931, Ex. Sess., p. 24, § 25; Code 1933, § 92-3202; Ga. L. 1941, p. 210, § 9; Ga. L. 1943, p. 109, § 1; Code 1933, § 91A-3702, enacted by Ga. L. 1978, p. 309, § 2; Ga. L. 2022, p. 571, § 2/HB 1058. The 2022 amendment, effective May 5, 2022, inserted “pursuant to an election made under Code Section 48-7-21 or” in the second sentence. See Editor’s notes for applicability. Editor’s notes. Ga. L. 2022, p. 571, § 3/HB 1058, not codified by the General Assembly, makes this Code section applicable to taxable years beginning on or after January 1, 2023. JUDICIAL DECISIONS Intent of section. — This section is intended to authorize the commissioner to allow affiliated Georgia corporations to file a single or consolidated state income tax return. Gable Indus., Inc. v. Blackmon, 233 Ga. 542, 212 S.E.2d 328, 1975 Ga. LEXIS 1372 (1975). Words “single” and “consolidated” refer to same kind of return in contrast to separate return. Gable Indus., Inc. v. Blackmon, 233 Ga. 542, 212 S.E.2d 328, 1975 Ga. LEXIS 1372 (1975). Notice that consent to file consolidated return might be revoked. — If the commissioner intends to put the taxpayer on notice that permission to file consolidated returns might be retroactively revoked, the language used in the documents should express this intention in clear terms. Gable Indus., Inc. v. Blackmon, 233 Ga. 542, 212 S.E.2d 328, 1975 Ga. LEXIS 1372 (1975). Inequitable to retroactively revoke permission after extensive period of reliance. — Attempt to retroactively revoke written permission to file single returns after the lapse of an extended period of time, during which the taxpayer is allowed to conduct the taxpayer’s businesses in reliance thereon, creates an inequity. Gable Indus., Inc. v. Blackmon, 233 Ga. 542, 212 S.E.2d 328, 1975 Ga. LEXIS 1372 (1975). Successor commissioner cannot retroactively revoke permission to file consolidated return to the detriment of the taxpayer after the taxpayer’s reliance thereon. Gable Indus., Inc. v. Blackmon, 233 Ga. 542, 212 S.E.2d 328, 1975 Ga. LEXIS 1372 (1975). OPINIONS OF THE ATTORNEY GENERAL No right to file consolidated returns. — General Assembly does not give to corporate taxpayers, for Georgia income tax purposes, the right to file consolidated income tax returns. 1969 Op. Att'y Gen. No. 69-77. RESEARCH REFERENCES C.J.S. 85 C.J.S., Taxation, §§ 1977, 2042 et seq., 2074, 2079.