City of Atlanta
Georgia

Ordinance
15-O-1078
Adopted Substitute
Mar 2, 2015 1:00 PM

A SUBSTITUTE ORDINANCE BY FINANCE/EXECUTIVE COMMITTEE TO AMEND ARTICLE III OF CHAPTER 30 OF THE CODE OF ORDINANCES OF THE CITY OF ATLANTA (“THE OCCUPATION TAX ORDINANCE”) TO CREATE A TAX EXEMPTION PROGRAM FOR NEW AND EMERGING TECHNOLOGY BUSINESSES; AND FOR OTHER PURPOSES.

Information

Department:FinanceSponsors:
Category:FinanceFunctions:Legislative Liaison - Charlene Parker

Body

WHEREAS, pursuant to O.C.G.A. § 48-13-2 et seq., the City of Atlanta (the “City”) levies and assesses an occupation tax on each person engaged in any business, trade, profession or occupation located within the jurisdiction of the City and on each person whose business, trade, profession or occupation, is carried on, operated or performed within the jurisdiction of the City;

 

WHEREAS, pursuant to O.C.G.A. § 48-13-10(f), local governments may, by ordinance or resolution,  provide an exemption or reduction in occupation tax to one or more types of businesses as part of a plan for economic development to attract, encourage or maintain select businesses or practitioners of certain types of occupations or professions;

 

WHEREAS, tax exemptions and reduced regulatory compliance costs related to the development of new and emerging technology businesses create a low cost environment that encourages new and emerging businesses to locate their operations and expand their presence within the City;

 

WHEREAS, tax exemptions and reduced regulatory compliance costs related to the development of new technology have a positive impact on the City’s economic health by maximizing the success of new and emerging businesses in those targeted fields that tend to provide higher paying jobs and encourage growth in related sectors;

 

WHEREAS, removal of registration costs for new and emerging businesses in targeted fields provide such businesses with the ability to expand, raise capital and seek professional consultation before commencing operations;

 

WHEREAS, this tax exemption shall apply to businesses in certain fields related to high technology, life sciences, information technology and intellectual property by reference to those classifications as provided in the North American Industry Classification System (“NAICS”);

 

WHEREAS, the determination for businesses that meet those requirements for such tax exemption based on criteria provided in this legislation shall be construed in favor of the governing taxing authority; and

 

WHEREAS, the Program for Tax Exemptions for New and Emerging Technology Businesses shall be limited to either, the first three years of operations, and, or gross receipts not exceeding one-million dollars ($1,000,000.00).

 

THE CITY COUNCIL OF THE CITY OF ATLANTA, GEORGIA HEREBY ORDAINS AS FOLLOWS:

 

SECTION 1:                            That Chapter 30, Article III, of the Code of Ordinances of the City of Atlanta, Georgia (the “Atlanta City Code”) is hereby amended by the addition of a new division to be codified as, “Division 4: Program for Tax Exemptions for New and Emerging Technology Businesses,” (hereinafter, the “Program”) which shall read as provided in Exhibit A.

 

SECTION 2:              By reference to certain classifications in the North American Industry Classification System (“NAICS”), it is the intent of the governing authority that the Program shall be limited to those classifications as provided in Exhibit B.

 

SECTION 3:              Pursuant to Chapter 30, Article III and the authority set forth in this ordinance and accompanying exhibits, the Chief Financial Officer is authorized to administer the Program and provide such exemptions to qualified businesses as set forth therein, and create rules and regulations as deemed necessary for efficient and effective administration of the Program.

 

SECTION 4:              In order to support the purpose of this ordinance, the $50.00 zoning determination fee imposed by the Office of Buildings is waived for businesses that are certified by the Office of Revenue as qualifying for this tax exemption in their initial business license registration.  Zoning approval is still required for all businesses that operate within the City without regard to whether this tax exemption applies.

 

SECTION 5:              This ordinance shall become effective upon being signed by the Mayor or as provided by operation of law.

 

 

 

Meeting History

Feb 17, 2015 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

REFERRED TO FINANCE/EXECUTIVE COMMITTEE BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

RESULT:REFERRED TO COMMITTEE [UNANIMOUS]
AYES:Michael Julian Bond, Mary Norwood, Andre Dickens, Carla Smith, Kwanza Hall, Ivory Lee Young Jr., Cleta Winslow, Natalyn Mosby Archibong, Yolanda Adrean, Felicia A. Moore, Clarence "C. T." Martin, Keisha Lance Bottoms, Joyce Sheperd
ABSENT:Alex Wan, Howard Shook
Mar 2, 2015 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

ADOPTED SUBSTITUTE BY A ROLL CALL VOTE OF 14 YEAS; 0 NAYS

RESULT:ADOPTED SUBSTITUTE [UNANIMOUS]
AYES:Michael Julian Bond, Mary Norwood, Carla Smith, Kwanza Hall, Ivory Lee Young Jr., Cleta Winslow, Natalyn Mosby Archibong, Alex Wan, Howard Shook, Yolanda Adrean, Felicia A. Moore, Clarence "C. T." Martin, Keisha Lance Bottoms, Joyce Sheperd
ABSENT:Andre Dickens