2020 Georgia Code
Title 20 - Education
Chapter 2A - Student Scholarship Organizations
§ 20-2A-3. Taxation Reporting Requirements for Student Scholarship Organizations

1. Each student scholarship organization must report annually to the Department of Revenue, on a date determined by the Department of Revenue and on a form provided by the Department of Revenue the following:
   1. The total number and dollar value of individual contributions and tax credits approved. Individual contributions shall include contributions made by those filing income tax returns as a single individual or head of household and those filing joint returns;
   2. The total number and dollar value of corporate contributions and tax credits approved;
   3. The total number and dollar value of scholarships awarded to eligible students;
   4. The total number of scholarship recipients whose family's adjusted gross income falls:
      1. Under 125 percent of the federal poverty level;
      2. Between 125 and 250 percent of the federal poverty level;
      3. Between 250 and 400 percent of the federal poverty level; and
      4. Above 400 percent of the federal poverty level;
   5. The average scholarship dollar amount by adjusted gross income category as provided in paragraph (4) of this subsection; and
   6. A list of donors, including the dollar value of each donation and the dollar value of each approved tax credit.

      Such report shall also include a copy of the audit conducted pursuant to paragraph (5) of Code Section 20-2A-2. The Department of Revenue shall post on its website the information received from each student scholarship organization pursuant to paragraphs (1) through (5) of this subsection.

2. Except for the information reported pursuant to paragraphs (1) through (5) of subsection (a) of this Code section, all information or reports provided by student scholarship organizations to the Department of Revenue shall be confidential taxpayer information, governed by Code Sections 48-2-15, 48-7-60, and 48-7-61, whether it relates to the donor or the student scholarship organization.

(Code 1981, §20-2A-3, enacted by Ga. L. 2008, p. 1108, § 1/HB 1133; Ga. L. 2011, p. 529, § 1/HB 325; Ga. L. 2013, p. 1061, § 33C/HB 283; Ga. L. 2018, p. 644, § 3/HB 217.)

The 2018 amendment, effective May 7, 2018, substituted the present provisions of the introductory paragraph of subsection (a) for the former provisions, which read: "Each student scholarship organization must report to the Department of Revenue, on a form provided by the Department of Revenue, by January 12 of each tax year the following:"; substituted the present provisions of paragraph (a)(4) for the former provisions, which read: "The total number of families of scholarship recipients who fall within each quartile of Georgia adjusted gross income as defined and reported annually by the Department of Revenue and the average number of dependents of recipients for each quartile; and"; added paragraph (a)(5); redesignated former paragraph (a)(5) as present paragraph (a)(6); substituted "paragraphs (1) through (5)" for "paragraphs (1) through (4)" in the ending undesignated paragraph of subsection (a) and near the middle of subsection (b). See Editor's notes for applicability.

- Ga. L. 2011, p. 529, § 3/HB 325, not codified by the General Assembly, provides that the 2011 amendment shall be applicable to all taxable years beginning on or after January 1, 2011.

Ga. L. 2013, p. 1061, § 33E/HB 283, not codified by the General Assembly, provides, in part, that this Code section shall apply to all taxable years beginning on or after January 1, 2013.

Ga. L. 2018, p. 644, § 6/HB 217, not codified by the General Assembly, provides that this Code section "shall be applicable to tax years beginning on or after January 1, 2019."