Georgia Reverses Position on GILTI

In the final week of Georgia’s 2018 legislative session, Governor Deal signed “Senate Bill 328” (the Senate bill) into law, which excludes global intangible low-taxed income (GILTI), under IRC Section 951A, from the Georgia income tax base. The Senate bill is a reversal of a key provision from “House Bill 918” (the House bill), signed into law less than a month prior.

Prior to enactment of the House bill, Georgia previously allowed a deduction for all IRC Subpart F income. The House bill marked the first deviation from this position, which is now reversed by the Senate bill; keeping Georgia’s position on foreign sourced income consistent with previous years.

The Senate bill is effective as of the date of its signing by the Governor (March 26, 2018) and is applicable to all tax years beginning on or after January 1, 2018.

For questions on the information contained in this alert please contact Jack Small or your tax advisor.


Jack Small, Director, State & Local Tax