Education & Employment

Georgia Disabled Veteran Business Occupation Tax Exemption

A disabled veteran who is a Georgia resident and owes no Georgia income tax can run one business, peddle, or practise a profession in any county or city without paying the local occupation tax, administrative fee or regulatory fee, on a probate court certificate of eligibility valid for ten years and a Department of Veterans Service certificate. A wartime veteran needs a 10% disability, a peacetime veteran 25%.

Also called: business license, occupation tax, peddler, probate court, certificate of exemption, VS Form 40-025, 43-12-1, self-employed.

For: Veteran or service member.

Where it applies

Written for the jurisdictions listed here.

Chapter 12 of Title 43 lets three groups "peddle, conduct business, or practice the professions and semiprofessions in any county or municipality in this state without paying an occupation tax, administrative fee, or regulatory fee": a disabled veteran of any war or armed conflict, a blind person, and a peacetime veteran with a physical disability incurred during service. Who qualifies. Code section 43-12-2 requires that the applicant live in Georgia and have income low enough not to be liable for Georgia income tax. A war veteran must show a physical disability of 10% or more, service ended under conditions other than dishonorable, and service during a war period; the section lists the First World War period of the 1933 federal Economy Act, December 7, 1941 to December 31, 1946, June 27, 1950 to January 31, 1955, and August 5, 1964 to May 8, 1975. A peacetime veteran must show a 25% disability incurred in the line of duty, from VA, the Department of Veterans Service or the service branch, and a discharge under conditions other than dishonorable. The war veteran's 10% can be proved by two physicians' certificates, a VA or Department letter, or the service branch. How to get it. Apply first to the probate judge of your home county, with the proof and an affidavit that you owe no Georgia income tax; the judge issues a certificate of eligibility good for ten years (section 43-12-3). With it, the Department of Veterans Service issues the certificate of exemption, naming the one business and the place it is carried on; only that business is exempt (section 43-12-4). The Department's page tells veterans to take VS Form 40-025, an ID, the DD-214 and the VA summary of benefits letter to the probate court, and register the business with the county using the judge's letter; some counties also ask for the Department's VS Form 40-026, which a field office issues. Limits. No exemption for selling alcohol, operating pool or billiard tables, dealing in futures, or pawnbroking or auctioneering (section 43-12-8). Letting someone else use the certificate gets it cancelled and is a misdemeanour (section 43-12-9). The Department can cancel a certificate if the holder stops qualifying physically or financially, after ten days' notice and a hearing. Where the agency and the statute differ. The Department's page describes the conditions as a discharge "under honorable conditions" and a service-connected rating of 10% or more. The statute bars only a dishonorable discharge, asks 25% of a peacetime veteran, and keeps two conditions the page leaves out: the war period, and the income test. The Department's application form lists the Persian Gulf and OEF/OIF eras as wartime, though section 43-12-2(c) names no war period after May 8, 1975; a later veteran may have to qualify on the peacetime 25% route, and the probate judge decides. Bills to drop the income test (Senate Bill 561 of 2024) and to clarify eligibility (House Bill 632 of 2025-2026) did not pass. A county may exempt more generously by its own ordinance; the county entries in this catalog say where one does. The text is FindLaw's copy of the Code, current to March 28, 2024, because the State's official free code on LexisNexis would not open on October 24, 2026; every act of 2024, 2025 and 2026 whose first reader names Title 43 was read, and none amends the chapter.

Thresholds

Thresholds for Georgia Disabled Veteran Business Occupation Tax Exemption
GateRule
Disability of 10% (wartime) or 25% (peacetime), and no Georgia income tax owedA wartime veteran's 10% physical disability can be proved by two physicians, so it need not be a VA rating; a peacetime veteran needs 25% incurred in service. The veteran must also live in Georgia and owe no Georgia income tax. The rating filter does not hide this benefit.

Documents the source lists

What the official source lists for an application, and where to get each document. It is a reference read from the source, not a full list of what the office may ask for; check with the office or an accredited representative before you apply. Needed means the source asks for it; Helps means the source calls it optional or says it speeds things up.

Sources

Updated

Last updated .

What changed then:

  • Description reworded (1 passage).

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Disclaimer

VetTOC is not affiliated with the U.S. Department of Veterans Affairs or the Department of Defense. Information is for reference only and is not an eligibility determination. Verify with VA, the relevant state or territory, or an accredited VSO.