Does Georgia tax a resident's foreign income?
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No, if the income is not Georgian-source. The Tax Code of Georgia exempts from income tax any income, including gains, that a resident individual receives and that doesn't count as Georgian-source income. But work done in Georgia, services actually rendered in Georgia, and services a Georgian resident provides to someone abroad all count as Georgian-source.
Key facts
| What | The law says | Source |
|---|---|---|
| The exemption | Income (including gain) received by a resident natural person that is not Georgian-source income is exempt from income tax | Tax Code, art. 82(1)(u) |
| Work | Income earned from employment in Georgia is Georgian-source | Tax Code, art. 104(1)(a) |
| Services done in Georgia | Services actually rendered in Georgia are Georgian-source | Tax Code, art. 104(1)(c.a) |
| Services to someone abroad | If provider and recipient are in different states and the provider is a Georgian resident, the services are Georgian-source, unless provided through a permanent establishment in another country that confirms them | Tax Code, art. 104(1)(c.g) |
| Dividends | Dividends from a resident legal person are Georgian-source | Tax Code, art. 104(1)(f) |
| Interest and royalties | Georgian-source when the payer is a Georgian resident (with permanent-establishment exceptions) | Tax Code, art. 104(1)(g) and (i) |
| Bank account location | Where you receive the money is not taken into account | Tax Code, art. 104(2) |
What the exemption covers
Article 82(1)(u) of the Tax Code exempts “income (including gain) received by a resident natural person, which does not belong to Georgian source income”. So the question is always whether an item of income is Georgian-source under Article 104.
What counts as Georgian-source
Article 104(1) lists Georgian-source income. For people who move to Georgia, the most relevant items are:
- employment in Georgia;
- services actually rendered in Georgia;
- services where the provider and the recipient are in different states and the provider is a Georgian resident, unless the provider delivers them through a permanent establishment in another country that confirms the services were delivered there;
- dividends from a Georgian resident company, and interest or royalties paid by a Georgian resident;
- income from immovable property in Georgia used for economic activity, and other income earned from activities in Georgia.
Article 104(2) adds that the place where the income is received is not taken into account. Paying money into a foreign bank account does not make Georgian-source income foreign.
Related questions
- Tax residency: the 183-day test is in Tax Code art. 34(2).
- Non-residents: a non-resident pays income tax only on income from a Georgian source (Tax Code, art. 79(b)).
Sources
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