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INCOME
TAX CREDIT
ELIGIBLE
RETRAINING PROGRAMS
ELIGIBLE
RETRAINING COSTS
ELIGIBLE
EMPLOYEES
TRAINING
SOURCES
ADMINISTRATION
LEGAL
AUTHORITY
ASSOCIATED
DEFINITIONS
PROCEDURES
FOR APPROVAL
DOCUMENTATION
REQUIREMENTS
APPEALS
PROCEDURE
RTC
CERTIFICATION
FORMS
AND
RESOURCES
NOTE:
This document and all
forms and worksheets
are available as a
MS Word File.
[download here]
Georgia
Department of Technical and Adult Education
75 Fifth Street, NW
Suite 400
Atlanta, GA 30308
404/253-2800
Michael
Grundmann
Director, Marketing
and Program Improvement
404/253-2822
FAX: 404/253-2829
mgrundmann@
georgiaquickstart.org
Ron
Jackson
Commissioner
Jackie
Rohosky
Assistant Commissioner
Economic Development Programs
Georgia
Department of Revenue
Tax Law and Policy Section
1800 Century Blvd. NE
Room 15311
Atlanta, GA 30345
404-417-6649
Ms.
Pam Goshay
Tax Policy Analyst
404-417-2441
pam.goshay@dor.ga.gov
Bart
L. Graham
Commissioner
Lora Butler
Director
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Georgia
Business Expansion Support Act
Georgia
Department of Technical and Adult Education
Georgia Department of Revenue
Introduction
This reference document provides
information for employers that are interested
in earning state income tax credit for eligible
types of employee retraining programs.
Purpose
The purpose of the Retraining
Tax Credit is to
-
foster the profitability and competitiveness
of Georgia’s existing businesses
by encouraging workforce development
through retraining tax incentives;
-
help companies offset the costs of retraining
employees that are affected by the implementation
of new equipment or new technology;
-
enhance the skills of Georgia employees
to enable them to successfully use new
equipment, technology, or operating
systems.
Income Tax Credit
The Georgia Tax Credit for Retraining
of Employees provides tax credits according
to the “Georgia Business Expansion
Support Act of 1994” as amended.
An eligible business enterprise may be
granted tax credits against its Georgia
state tax liability:
- equal
to one half of the direct cost of retraining;
-
up to $500 per approved training program
per year for each full-time employee
who has successfully completed an approved
retraining program;
-
up to 50 percent of the amount of the
taxpayer's income tax liability for
the taxable year as computed without
regard to this Code.
Any
tax credit claimed under this Code for
any taxable year beginning on or after
January 1, 1998, but not used for any
such taxable year may be carried forward
for ten years from the close of the taxable
year in which the tax credit was granted.
Credit can be claimed in the tax year
that the retraining occurs. If cost for
a retraining program spans more than one
year, the costs are to be claimed in the
year in which the retraining occurs.
Eligible Retraining Programs
Retraining programs that are
eligible for the Retraining Tax Credit
include
-
retraining of current employees on newly
installed equipment;
-
retraining of current employees on newly
implemented technology, such as computer
platforms, software implementation and
upgrades, Total Quality Management,
ISO 9000, and self-directed work teams.
Not eligible: Executive
training, management development training,
career development, personal enrichment
training, etc.; cross-training of employees
on equipment or technology that is not
new to the company.
Eligible Retraining Costs
Certain direct costs are eligible
for the Retraining Tax Credit. These costs
include
-
instructor salaries;
-
employee wages during the retraining;
-
development of retraining program;
-
materials and supplies, textbooks and
manuals;
-
instructional media, such as videotapes,
presentations, etc.;
-
equipment used for retraining only (not
production);
-
reasonable travel costs.
Costs
that are not eligible include sales taxes,
training space, and employee-paid training.
An employer may not receive a credit if
the employer requires that the employee
reimburse or pay the employer for the
cost of retraining either directly or
indirectly or through use of forfeiture
of leave time, vacation time, or other
compensable time.
Itemized
details regarding the direct retraining
costs must be available upon audit.
Eligible Employees
To be eligible for the Retraining
Tax Credit, employees must be
-
Georgia residents;
-
first-line employees or immediate supervisor;
-
continuously employed with the company
for a minimum of 16 weeks;
-
full-time employees (employed for a
minimum of 25 hours per week.)
Employees
that are not eligible for the Retraining
Tax Credit include executives, management,
partners, etc. (above first-line supervisors.)
Training Sources
Retraining may be provided by
any qualified source, including company
trainers, training vendors, technical
colleges, or universities.
Administration
The Georgia Department of Technical
and Adult Education as authorized and
directed by law sets standards to approve
retraining programs. The Vice President
of Economic Development at each Technical
College can provide assistance and direction
to a company interested in claiming the
Retraining Tax Credit. The Vice President
of Economic Development is responsible
for determining if programs are eligible
for the Retraining Tax Credit and for
determining if the required documentation
is adequate and complete. The Vice President
is also responsible for signing the retraining
program approval and completion forms.
The
Georgia Department of Revenue adopts regulations,
procedures, and necessary forms to grant
tax credits.
All
approved programs are subject to review
and/or audit by the Georgia Department
of Revenue and the Georgia Department
of Technical and Adult Education.
Legal Authority
House Bill 1527, Official Code
of Georgia Annotated, 48-7-40.5, 1994
Legislative Session, Effective January
1, 1994, authorized tax credits for employee
retraining programs. It was revised on
January 1, 1998.
Associated Definitions
Approved
Retraining means
retraining programs that are approved
(preferably in advance of implementation)
by the Georgia Department of Technical
and Adult Education.
Cost
of Retraining means
direct instructional costs which include
instructor salaries, materials, supplies,
textbooks, manuals, video tapes or other
instructional media and training equipment
purchased or rented and utilized exclusively
for the company’s employee retraining
purposes.
Employee
wages are also an allowable retraining
cost. Such costs are prorated to reflect
wages paid only for time devoted exclusively
to retraining during paid working hours
and that the training does not occur
while the employee is producing a product
or providing a service.
Costs
for renting or otherwise securing space
for retraining are excluded.
Employee
means any full-time worker who resides
in the State of Georgia, who is employed
for a minimum of 25 hours per week,
and who has been continuously employed
by the employer for at least 16 consecutive
weeks.
For
purposes of the retraining tax credit,
employee means workers involved in front-line
labor and their immediate supervisors.
Employer
means any employer upon whom an income
tax is imposed by the State of Georgia.
Employer-provided
retraining refers
to approved retraining conducted by
instructors who are employees of the
company.
Employer-sponsored
retraining refers
to a contractual arrangement with a
technical College, university, college,
or other training provider that offers
approved retraining that is paid for
by the employer.
Successful
completion of retraining programs
means that an employee enrolled in an
approved retraining program has demonstrated,
through formal assessments, the ability
to perform the job skills that the retraining
program was designed to provide.
Procedure for Approval of Retraining Programs
-
Company contacts the Vice President
of Economic Development Programs at
the local Technical College or the state
office of Economic Development Programs
for information and application package.
Information and forms are also available
on the internet.* (Suggestion: Discuss
the eligibility of any training program
with the Vice President of Economic
Development before collecting costs
and documentation to avoid unnecessary
work in case the program is not eligible
for the Retraining Tax Credit.)
-
Company submits Georgia Retraining Tax
Credit Program Approval Form along with
the required documentation to the Vice
President of Economic Development Programs
at the local Technical College.
-
Vice President of Economic Development
Programs at the local Technical College
reviews the application package for
eligibility, adequacy, and completeness.
-
The retraining program is approved and
company is notified.
-
Company implements retraining.
-
Company submits a Georgia Retraining
Tax Credit Program Completion Form to
the Vice President of Economic Development
Programs at the local Technical College.
The VP signs and returns form to company.
-
Company attaches Completion Form and
Form IT-RC to income tax return and
files for income tax credit. (Obtain
tax credit forms from the Department
of Revenue. An address is included in
the left-hand sidebar.. Form IT-RC is
available here
as a MS Word file)
Retraining
Program Documentation Requirements
The documentation for approval
of the retraining program must include
the following:
-
A description of the equipment, technology,
or operating system changes that require
employee retraining. (Item #3 on the
Approval Form, included in this Guide.)
-
A description of the purpose and overall
objectives of the retraining program.
(Item #4 on the Approval Form.)
-
Documentation for the Retraining Tax
Credit approval must include the following:
-
Name, address, and phone number of training
program provider;
-
Qualifications of training program provider.
All individuals who will be developing
training or providing instruction should
have knowledge, experience, and credentials
or certification as appropriate for
the training program.
-
Training qualifications of instructors;
-
Training objectives. Training objectives
describe what the employee will be able
to do after successful completion of
retraining and how well the task must
be performed as it relates to accuracy,
quality, and/or quantity.
-
Criteria for employee performance evaluation
and a copy of the evaluation form (if
applicable.) An employee performance
evaluation determines an employee’s
knowledge and ability to perform skills
taught during the training program.
The employee performance evaluation
helps to determine if the employee trainee
met the objectives of the retraining
program. Evaluation methods vary and
may include written tests, performance
demonstrations, and performance checklists.
-
Training outline. A training outline
includes teaching points which support
training objectives, a description of
the training methods used – lecture,
video, task demonstration – and
a list of materials used by the instructor.
-
Instructional materials. Instructional
materials vary and include trainee guides,
handouts, job aids, and audio-visual
aids. These materials should support
course objectives.
-
Estimated total hours of instruction;
-
Training schedules;
-
Training location(s).
In
order to verify continuing compliance
with retraining program standards, the
Georgia Department of Technical and Adult
Education reserves the right to audit
programs at any time.
Appeals Procedure
Each retraining program submitted
for retraining income tax credit approval
is carefully reviewed. Following this
review, each applicant will receive (1)
notification of program approval or (2)
a description of changes, which are required
to meet established program standards
and to receive approval for the retraining
program. Programs that require changes
to meet established training standards
may be modified and resubmitted for approval
at any time.
Any
applicant who wishes to appeal an approval
denial may do so.
-
Present the appeal in writing to the
Vice President of Economic Development
Programs at the local Technical College.
-
If a mutually agreeable decision is
not reached by following step 1, the
appeal will be forwarded to the Assistant
Commissioner of Economic Development
Programs, Georgia Department of Technical
and Adult Education for final program
approval determination.
Retraining Program Tax Credit Certification
To receive certification for
the job retraining tax credit, the company
must submit a Georgia Retraining Tax Credit
Program Completion Form to the Vice President
of Economic Development Programs at the
local Technical College. The form requests
the following information and program
documentation:
-
Employee name
-
Employee Identification Number (For
audit purposes, the Employee Identification
Number must be traceable to the employee’s
Social Security Number.)
-
Employee hire date
-
Program title
-
Training date(s)
-
Total training hours
-
Employee hourly wage
-
Total employee wage costs
-
Other direct training costs (Itemized
details regarding direct training costs
must be available upon audit.)
-
Total program costs
-
Costs with 50% limitation
-
Maximum credit
The
Georgia Retraining Tax Credit Program
Approval Application and Completion Forms
are included in this guide.
Forms
and Resources
Retraining
Tax Credit Guide [MS
Word - Updated 8/29/07]
Technical College
Economic Development Contacts
Technical College
Service Areas - By County
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