Compilation of Rules and Regulations of the State of Georgia
Department 110 - RULES OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS
Chapter 110-24 - OPPORTUNITY ZONE JOB TAX CREDIT PROGRAM
Subject 110-24-1 - OPPORTUNITY ZONE JOB TAX CREDIT PROGRAM REGULATIONS
Rule 110-24-1-.01 - Program Description, General Guidance, and Definitions

Current through Rules and Regulations filed through September 23, 2024

(1) As described within the State's Job Tax Credit Program at O.C.G.A. § 48-7-40.1(c)(4), a provision exists to assist less developed areas which is to be generally referred to herein as the "Opportunity Zone Job Tax Credit Program".

(2) The Opportunity Zone designation criteria require the targeting of areas that display "Pervasive Poverty, Underdevelopment, General Distress, and Blight". The designation criteria are met by the targeting of poverty areas that are in decline, suffering from disinvestment and are in need of redevelopment and revitalization. Specifically, such areas must be in an eligible census block group and contain parcels meeting the designation criteria of O.C.G.A. § 48-7-40.1(c)(4) as well as one of the required local redevelopment initiatives as described in the Georgia Urban Redevelopment Law at O.C.G.A. §36-61 or the Enterprise Employment Act at O.C.G.A. §36-88.

(3) For areas that meet the overall criteria of the Opportunity Zone Job Tax Credit Program, the commissioner of community affairs may designate as an "Opportunity Zone" a group of parcels within an area that meets the criteria under 110-24-1-.02 herein.

(4) Within areas designated as an Opportunity Zone under this Chapter, the state will allow enhanced Job Tax Credits which include the following benefits: a $3,500 tax credit per eligible new job created (as defined in O.C.G.A. § 48-7-40.1(e)), the use of the tax credit against 100 percent of Georgia income tax liability and payroll withholding, the use of the credit by any lawful business, and a job creation threshold of two jobs.

(5) Definitions.

(a) "Adjacent to" means adjoining or abutting.

(b) The Designation Criteria and associated factors shall generally be defined as follows:
1. "Areas Displaying Pervasive Poverty" shall be defined as census block groups with 15% or greater poverty and any "adjacent to" census block groups as determined from data in the most current United States decennial census.

2. "Underdevelopment" shall generally be defined as areas where appropriate data indicates a lack of development activities as evidenced through higher vacancy rates along with data indicating that business license fees, building permits, development fees, or other similar measures of business activity in the nominated area are significantly lower than the activity within the local governing body's jurisdiction as a whole. Underdevelopment must be supported by appropriate data as detailed under 110-24-1-.03(4)(b).

3. "General Distress" shall generally be defined as adverse conditions within the nominated area other than those of Underdevelopment. Examples of such adverse conditions include, but are not limited to, higher than average unemployment, a high incidence of crime or code enforcement actions, a higher than average number of abandoned, deteriorated or dilapidated structures, deteriorated infrastructure, and substantial population decline. General Distress must be supported by appropriate data as detailed under 110-24-1-.03(4)(b).

4. "Blight" shall generally be defined as the conditions described for "slum area" pursuant to the Urban Redevelopment Law at O.C.G.A. § 36-61-2(18) and /or the conditions described for "blighted or distressed area" pursuant to the Redevelopment Powers Law at O.C.G.A. § 36-44-3(7)(A).

O.C.G.A. §§ 48-7-40.1, 50-8-5(b)(2), 50-8-11.

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