Capital gains tax: an English label for income tax on the gain from a sale

Capital gains tax, in Georgia, is the English name for income tax on the "excess income" (ნამეტი შემოსავალი) an individual makes by selling an asset: sale price minus purchase price, taxed at 5% for a home with its land and 20% for other assets, and exempt for a home owned for more than 2 years. No Georgian statute uses the words "capital gains tax".

The legal basis is the Tax Code of Georgia (publication 247 of 15 October 2026). Article 6(5) lists five national taxes: income tax, profit tax, VAT, excise and import duty; Article 6(6) adds property tax as the local one. A seller's gain sits in Chapter XI, income tax: the rate in Art. 81, the exemptions in Art. 82(1), the formula in Art. 82(4) and the return in Art. 153(12).

PwC's Worldwide Tax Summaries, in English, list the gain under "Capital gains" and give the 5% rate for an apartment (house) with its land plot or a vehicle.

Three Georgian words that English speakers mix up

Income tax, profit tax and excess income in the Tax Code Tax Code of Georgia, Arts. 6, 79, 81, 82, 97, 98, 130, publication 247
GeorgianLiteral meaningWhat it isWho it concerns
საშემოსავლო გადასახადიincome taxThe tax itself, Chapter XIIndividuals (Art. 79)
ნამეტი შემოსავალიexcess incomeThe tax base on a sale, Art. 82(4)(ბ)Sellers at a gain
მოგების გადასახადიprofit tax15% on distributed profit, Arts. 97(1), 98(1)Enterprises

A private sale is therefore described as საშემოსავლო გადასახადი on ნამეტი შემოსავალი. For the sale itself the Code uses მიწოდება (supply) generally and რეალიზაცია (sale) in the home exemption.

Profit tax is 15% of the distributed amount divided by 0.85 (Arts. 97(10), 98(1)); with 5% withholding on a dividend paid to an individual (Art. 130(1)), GEL 100 of profit pays GEL 15 + 5% x GEL 85 = GEL 19.25 (our arithmetic). A company owes no profit tax on a sale gain until it distributes the profit. Our guides to tax on company-owned property and buying through a company cover that side.

The rates and the words "more than 2 years"

Article 81(1) sets 20% "unless this Code provides otherwise"; Article 81(3) sets 5% for a residential flat (house) with its attached land plot, or a motor vehicle.

Rate and holding-period exemption by asset Tax Code of Georgia, Arts. 81(1), 81(3), 82(1)(ვ.ა) to (ვ.გ)
Asset sold by an individualRate on the gainExempt when
Residential flat or house with its attached land5%Owned for more than 2 years, Art. 82(1)(ვ.ა)
Motor vehicle5%Owned for more than 6 months from registration, (ვ.ბ)
Other assets, such as commercial premises20%Owned for more than 2 years and not used in economic activity, (ვ.გ)

The home exemption reads: "2 წელზე მეტი ვადით საკუთრებაში არსებული საცხოვრებელი ბინის (სახლის) მასზე დამაგრებული მიწით რეალიზაციით მიღებული ნამეტი", the excess from selling a residential flat (house) with its attached land owned "for a period of more than 2 years". A flat sold exactly 2 years after the ownership document was drawn up has not crossed that line and is still taxed at 5%.

The (ვ.გ) bar lifts 2 years after economic use ended. What counts as a home follows Public Ruling No 143 of 14 May 2026, and Ruling No 175 of 8 June 2026 redefines the business test; our guide to capital gains tax when you sell property in Georgia applies both.

The legal formula for the gain, and the dates that drive it

Article 82(4)(ბ) defines the excess received on a sale in two variants. Under (ბ.ა) it is "სხვაობა აქტივის მიწოდების ფასსა და მასზე საკუთრების უფლების წარმოშობისას მისი შეძენის ფასს შორის": the difference between the supply price and the acquisition price when ownership arose. Under (ბ.ბ), for an asset received free of charge, the comparison is with its market price at the moment of receipt, so a gift or inheritance carries a starting value although nothing was paid; see market value.

Ruling 143 adds to the purchase price documented costs directly linked to acquiring, creating, completing or improving the asset that increase its value. Selling costs, such as an agent's commission, are not named, and we could not confirm that they reduce the gain.

Which date counts Tax Code of Georgia, Art. 82(4)(ა.ა), (ა1), (ა2)
QuestionRule in the Code
Start of ownershipDate the ownership document was drawn up for registration
Divided unitKeeps the original date
First-line heir or doneeAdds the deceased's or donor's period
Moment of saleDate the document on which the transfer to the buyer is registered was drawn up

A loss offsets only gains on the same type of asset in the same year, with no carry-forward (Art. 121(2)).

A monthly return, not the 1 April deadline

Article 153(12) requires an individual with a gain from selling property outside a business to file "არაუგვიანეს საანგარიშო თვის მომდევნო თვის 15 რიცხვისა", no later than the 15th of the month after the reporting month; under Art. 62(2) the tax is paid by the same date. Instruction 996, Art. 33-3(1), inserted by Order No 497 from 1 January 2024, repeats the rule, names non-resident individuals and prescribes form No II-04²; PwC's English summary gives the same deadline.

Two returns an owner may meet Tax Code of Georgia, Arts. 62(2), 153(1), 153(4), 153(12); Instruction 996, Art. 33-3
ReturnCoversDeadline
Sale-gain return, form No II-04²Excess income from one or more sales in a month15th of the following month, with payment
Annual income tax returnIncome of the year, for example rent; refund claims where tax was withheldBefore 1 April of the next year (last day 31 March)

So a flat sold on 20 June needs its return and payment by 15 July. Before registering the buyer, the registry must warn the seller of this duty (Art. 153(6)(ა)). Late filing costs 5% of the tax, or 10% after 2 months, and nothing if the tax is zero (Art. 274); late payment adds 0.05% a day (Art. 272).

A sale in Georgia is Georgian-source income (Art. 104(1)(ბ)), so non-residents pay too, and (ვ.ა) covers them; see tax resident.

Form II-04² and the other papers where the gain shows up

The return is titled "ფიზიკური პირის მიერ ქონების/აქტივის მიწოდებაზე საშემოსავლო გადასახადის დეკლარაცია", the income tax return on the supply of property or an asset by a natural person. Part III holds the calculation.

Part III of form No II-04², column by column Instruction 996 on tax administration, Art. 33-3(5), consolidated to 9 October 2026
ColumnContent
2Asset type: home with land, vehicle, land plot, share, other asset or excise refund
3Identifier; for real estate, the cadastral code
4Purchase price when ownership arose; documented later expenses, such as repairs, may be included
5Supply price
6Excess income
7Relief
8Income tax rate, printed as "(20%, 5%)"
9Tax amount

Column 3 links the return to the registry record through the cadastral code. Whether a return is needed when the whole gain is exempt is not settled in the texts we read.

  • Sale and purchase agreement. Its price fills column 5 and its date is the moment of sale (Art. 82(4)(ა2)); the earlier purchase contract fills column 4.
  • Registry extract. It names the document on which ownership was registered; we could not confirm the field name for its date.
  • Listings. Prices only. "No capital gains tax after 2 years" holds for homes, and for other assets only without economic use.

Worked example: the Ministry's own case, then three variations

In the Ministry's example under Art. 33-3, a non-entrepreneur sold on 10 March 2024 a flat bought in 2023 and commercial space bought in 2020 and leased to a company, each bought for GEL 100,000. Because of the lease, the Ministry gave no (ვ.გ) relief despite more than 2 years of ownership; total tax GEL 7,000.

The official example and our variations Instruction 996, Art. 33-3, Example 1; variations are AVI Estates arithmetic on the Code's rules
CaseRateExcess incomeTax
Flat sold for GEL 120,0005%GEL 20,000GEL 1,000
Commercial space sold for GEL 130,00020%GEL 30,000GEL 6,000
Flat with GEL 8,000 of documented renovation (illustrative input)5%GEL 12,000GEL 600
Same flat, ownership document more than 2 years oldexemptGEL 20,000GEL 0

Return and payment were due on 15 April 2024. In the renovation variant, invoices lift column 4 to GEL 108,000; filed on 10 May 2024, under 2 months late, that return costs a GEL 30 fine (5% of GEL 600); late-payment interest is GEL 0.30 a day, GEL 7.50 if paid on 10 May (25 days from 16 April). In the exempt variant, the proceeds also stay out of family income for property tax (Art. 202(7)(ა.ბ)). Timing is weighed in sell or keep renting.

Easily confused: profit tax, property tax, rent tax and proceeds

Income tax on a sale gain and its neighbours Tax Code of Georgia, Arts. 81, 82, 97, 153, 202
TermHow it differs from the tax on a sale gain
Profit tax (მოგების გადასახადი)Paid by an enterprise when profit is distributed
Property taxA local tax charged every year for owning, not once for selling
Rental income taxAlso 5% income tax for homes, but on the annual return, before 1 April
ProceedsThe whole price; Art. 202(7)(ა.ბ) speaks of income from the sale, not the excess; only the excess is taxed

Rent is covered under rental income tax. The 2-year exemption does not bind the seller's home country: treaties allocate taxing rights, as the UK treaty does in Arts. 13(1) and 23; see double taxation.

The term in five languages

The individual's sale gain and the company profit tax AVI Estates terminology list and research notes, November 2026
LanguageGain on a sale by an individualProfit tax (company)
Georgianნამეტი შემოსავალი (საშემოსავლო გადასახადი)მოგების გადასახადი
Englishcapital gains tax; legally, income tax on excess incomeprofit tax
Russianналог на прирост стоимостиналог на прибыль
Hebrewמס רווחי הוןמס רווחים
Arabicضريبة الأرباح الرأسماليةضريبة الأرباح

Georgian legal documents, from the Code to form II-04², write ნამეტი შემოსავალი for the gain. In Hebrew and Arabic, dropping the word for "capital" names the company tax.

Mistakes and warning signs

  • Calling it მოგების გადასახადი. That is the enterprise tax.
  • Selling on the anniversary. Exactly 2 years is not more than 2 years.
  • Diarising 1 April. A sale gain is due by the 15th of the next month.
  • Taxing the whole price. Only the excess is taxed.
  • Losing renovation invoices. Undocumented costs cannot enter column 4.
  • Trusting 2 years on a leased shop. Economic use blocks (ვ.გ).

To be added by the team: scans to add: a blank form No II-04² with Part III marked; a redacted sale contract with price and date highlighted; a redacted registry extract showing the registration-basis document.

Working out the tax on a gain step by step

  1. Name the asset type

    Home with land, vehicle, or other asset.

  2. Count the holding period

    It must be more than 2 years, not exactly 2.

  3. Check for business use

    For other assets, economic use blocks the exemption.

  4. Build the purchase price

    Contract price plus documented improvement costs.

  5. Apply 5% or 20%

    Only to the excess, never to the whole price.

  6. Diarise the 15th

    Form II-04² and payment, the month after the sale.

Frequently asked questions

Does Georgia have a capital gains tax?

Not by that name. The gain is taxed as income tax (Arts. 81, 82).

What is the rate on a flat?

5% of the gain (Art. 81(3)); 20% for other assets.

Is a sale exactly 2 years after purchase exempt?

No. The exemption needs more than 2 years (Art. 82(1)(ვ.ა)).

How is the gain calculated?

Sale price minus purchase price (Art. 82(4)(ბ.ა)), plus documented improvement costs in the purchase price.

When is the tax due?

By the 15th of the month after the sale (Arts. 153(12), 62(2)).

Which form is used?

Form No II-04² (Instruction 996, Art. 33-3).

Is it the same as profit tax?

No. Profit tax is paid by enterprises.

Do non-residents pay it?

Yes. A sale in Georgia is Georgian-source income.

Next step

Ask a question on WhatsApp. We reply within one working day.

Write on WhatsApp

Sources

  1. Tax Code of Georgia, Georgian consolidated text, publication 247 of 15 October 2026 (accessed 2 November 2026)
  2. Tax Code of Georgia, official English translation, Legislative Herald of Georgia
  3. Public Ruling No 143 on income tax on the supply of assets by an individual, Ministry of Finance of Georgia, 14 May 2026 (accessed 2 November 2026)
  4. Public Ruling No 175 amending Ruling No 143, Ministry of Finance of Georgia, 8 June 2026
  5. Instruction on tax administration (Order No 996), Art. 33-3, consolidated to 9 October 2026
  6. Order No 497 amending the instruction on tax administration, Minister of Finance of Georgia, 26 December 2023, in force 1 January 2024
  7. Georgia: income determination, PwC Worldwide Tax Summaries
  8. Georgia: individual tax administration, PwC Worldwide Tax Summaries

Change log

  • - Glossary entry published from the Tax Code of Georgia, Public Rulings No 143 and No 175 of the Ministry of Finance, the instruction on tax administration (Order No 996, Art. 33-3, inserted by Order No 497) and PwC Worldwide Tax Summaries.