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Atlanta Georgia online Form 1120-REIT: What You Should Know

The 2025 Form 1120-REIT provides for an additional notice of assessment for amounts owed on accounts not yet paid. The current income tax form is a failure for Georgia. The state's current income tax rules are obsolete and do not have the flexibility for change that the REIT tax system offers.  The state has two major problems. First, the current GA laws allow for very little flexibility in the rate of tax between GA and out-of-state corporations. Second, Georgia's existing laws do not have a requirement to allow the corporation the time to settle its tax issues.  Form 1165-REIT — IRS Form 1165 REIT is a limited liability company that is regulated by the Federal government, not the state of Georgia. Because of this, form 1165-REIT has special rules regarding corporate income taxes, property taxes and trust requirements. Corporate Income Tax A corporation generally will have the tax status called a “C” corporation for Georgia if it has no more than 5,000 shareholders.  However, Georgia law also allows any taxpayer who is a shareholder in a corporation and has at least 1.5% of the stock in the corporation to be considered a “C Corporation.” As a C corporation, Georgia income tax is calculated and payable at the flat rate of .75%. The corporation's business units can elect to file their income tax returns individually or in one consolidated return. If an individual shareholder files separate returns (with a tax rate less than .75%), GA law allows that shareholder to file any tax return he/she desires (the shareholder has to file a separate return for each share he/she holds). Property Taxes for Georgia are a percentage of the appraised fair market value of property, or the tax basis on the property, that arises from the sale, lease or other disposition. Property taxes are assessed and collected on the property during its life, not its fair market value. Property taxes collected and the difference between the taxing agency's actual assessment of property and the property's fair market value are used to provide for education, social services and other public welfare programs. Tax rates vary based on assessment district, county or town.

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