Brookhaven, GA Local Taxes & Fees: Business Tax Classification (2026)
Key Facts
- Classification basis
- Major line of business under NAICS
- Profitability classes
- IRS Statistics of Income, reviewed biannually by finance department
- Multiple activities
- Dominant business activity at each location
- Tax inputs
- Gross receipts and number of employees
- Return due
- February 1, reporting prior year gross receipts
- Casual sales exclusion
- Under $12,000.00 in otherwise taxable receipts per year
Summary
In the City of Brookhaven, Georgia, Sec. 15-42 classifies every business owing occupational tax by its major line of business under NAICS, with profitability classes drawn from IRS Statistics of Income. The finance department reviews class assignments on a biannual basis, and the tax is set from gross receipts and number of employees.
(a)For the purpose of this article, every person engaged in business requiring the payment of occupational taxes is classified in accordance to the major line of business as defined by the North American Industrial Classification System (NAICS); and profitability classes are assigned in accordance with Statistics of Income, Business Income Tax Returns, United States Treasury Department, Internal Revenue Service. The finance department shall review assignment of businesses to profitability classes on a biannual basis and shall administratively reassign businesses as necessary to the then most accurate profitability class.(b)Classifications by business profitability have been established by the city council and are incorporated herein by reference and adopted for use in the application of this article. ... (c)The occupation tax shall be determined by applying the business' gross receipts and number of employees returned to the city to the business' profitability classification established for each business type.(d)A copy of business classifications shall be maintained in the office of the city clerk and shall be available for inspection by all interested persons.
Full Breakdown
Sec. 15-42 is the classification step in Article II of Chapter 15. Every person engaged in business requiring the payment of occupational taxes is classified by major line of business under the North American Industrial Classification System (NAICS), and profitability classes are assigned from Statistics of Income, Business Income Tax Returns, published by the U.S. Treasury Department, Internal Revenue Service. The finance department reviews assignments on a biannual basis and reassigns businesses to the most accurate class. The city council established the profitability classifications, and a copy is kept in the office of the city clerk for public inspection.
A business with more than one activity is classified by its dominant business activity at each location. The exception: if the dominant activity is legally exempt, the business is classified by its principal subsidiary business that is subject to the levy. Sec. 15-29 has the owner identify the line or lines of business at registration with the finance department, and Sec. 15-32 treats each fixed location and each tradename as separate. The tax comes from applying the gross receipts and number of employees returned to the city to the profitability classification for that business type.
The return is due on or before February 1 with the prior calendar year's gross receipts (Sec. 15-30). Tax is due January 1 and delinquent if unpaid by April 15 (Sec. 15-33). Sec. 15-36 states the tax is for revenue purposes only, not regulatory purposes. Sec. 15-43 excludes casual and isolated transactions grossing less than $12,000.00 in otherwise taxable receipts per year, but street vendor, transient vendor and flea market vendor activity never qualifies. Sec. 15-35 lets professionals listed in O.C.G.A. § 48-13-9(c)(1) through (18) elect a per-practitioner fee instead.
A classification dispute starts with a written complaint to the city clerk, which the city must answer in writing within 30 calendar days (Sec. 15-47). The appeal then goes to the certificate review hearing officer under Sec. 15-48, administered by the director of finance.
Violations & Fines
A business that fails to pay taxes and administrative fees within 120 days after January 1 pays a ten percent penalty plus interest of one percent per month (Sec. 15-33). The finance department can also issue an execution against the delinquent person and property. Failing to submit books and records within 30 days of demand is grounds for revocation of the registration (Sec. 15-41), and refusing to give classification information is punished under the general penalties.
Frequently Asked Questions
How does Brookhaven decide which business class I fall in?
When is the occupation tax due and when is it late?
Do multiple locations or trade names pay separately?
How do I challenge my classification?
Sources & Official References
Other rules in Brookhaven
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