reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 48 - REVENUE AND TAXATION (§§ 48-1-1 — 48-18-1) › Chapter 5 - AD VALOREM TAXATION OF PROPERTY (§§ 48-5-1 — 48-5-607) › Article 13 - AD VALOREM TAXATION OF TIMBERLAND PROPERTY (§§ 48-5-600 — 48-5-607) › Section 48-5-600 - Definitions

As used in this article, the term:
(1)
"Bona fide production of trees" means the good faith, real, actual, and genuine production of trees for commercial uses.
(2)
(A)
"Contiguous"' means real property within a county that abuts, joins, or touches and has the same undivided common ownership.
(B)
If an applicant's tract is divided by a county boundary, public roadway, public easement, public right of way, natural boundary, land lot line, or railroad track, then the applicant may make an election at the time of application to declare the tract as contiguous irrespective of a county boundary, public roadway, public easement, public right of way, natural boundary, land lot line, or railroad track.
(3)
"Qualified owner"' means an individual or entity that meets the conditions of Code Section
48-5-603
.
(4)
"Qualified timberland property" means timberland property that meets the conditions of Code Section
48-5-604
.
(5)
"Timberland property" means tangible real property that has as its primary use the bona fide production of trees for the primary purpose of producing timber for commercial uses.
Amended by 2021 Ga. Laws 256,§ 1, eff. 7/1/2021.
Added by 2018 Ga. Laws 296,§ 5, eff. 1/1/2019 only if an amendment to the Constitution of Georgia is ratified at the November, 2018, general election modifying constitutional prescriptions for forest land conservation use property and related assistance grants, permitting the withholding of a portion of assistance grants to provide for certain state administrative costs, and establishing qualified timberland property as a subclassification of tangible property for purposes of ad valorem taxation.
2023 CODE OF GEORGIA › Title 48 - REVENUE AND TAXATION (§§ 48-1-1 — 48-18-1) › Chapter 5 - AD VALOREM TAXATION OF PROPERTY (§§ 48-5-1 — 48-5-607) › Article 13 - AD VALOREM TAXATION OF TIMBERLAND PROPERTY (§§ 48-5-600 — 48-5-607) › Section 48-5-600.1 - Classification of qualified timberland property; exclusive

In accordance with Article VII, Section I, Paragraph III(f.1) of the Constitution of Georgia, qualified timberland property shall be classified as a separate and distinct class of tangible property. The procedures prescribed by this article for appraisal and valuation of such property and for appeals of the assessed value of such property shall be exclusive.
Added by 2018 Ga. Laws 296,§ 5, eff. 1/1/2019.
2023 CODE OF GEORGIA › Title 48 - REVENUE AND TAXATION (§§ 48-1-1 — 48-18-1) › Chapter 5 - AD VALOREM TAXATION OF PROPERTY (§§ 48-5-1 — 48-5-607) › Article 13 - AD VALOREM TAXATION OF TIMBERLAND PROPERTY (§§ 48-5-600 — 48-5-607) › Section 48-5-601 - Determination of fair market value; access to property; delivery to county tax officials

(a)
Qualified timberland property shall be returned to the commissioner between January 1 and April 1 each year.
(b)
The fair market value of qualified timberland property shall be determined through an annual appraisal conducted by the commissioner in accordance with the qualified timberland property appraisal manual provided for in Code Section
48-5-602
.
(c)
The commissioner shall have access to qualified timberland property for the purpose of conducting appraisals, provided that prior notice has been given to the qualified owner of such property.
(d)
The commissioner shall ensure that the appraisal values of qualified timberland property are delivered to county tax officials by July 1 of each year.
(e)
Notwithstanding anything in this chapter to the contrary, pursuant to Article VII, Section I, Paragraph III(f.1) of the Constitution, the value of qualified timberland property shall be at least 175 percent of such property's forest land conservation value determined pursuant to this chapter.
Added by 2018 Ga. Laws 296,§ 5, eff. 1/1/2019only if an amendment to the Constitution of Georgia is ratified at the November, 2018, general election modifying constitutional prescriptions for forest land conservation use property and related assistance grants, permitting the withholding of a portion of assistance grants to provide for certain state administrative costs, and establishing qualified timberland property as a subclassification of tangible property for purposes of ad valorem taxation.
2023 CODE OF GEORGIA › Title 48 - REVENUE AND TAXATION (§§ 48-1-1 — 48-18-1) › Chapter 5 - AD VALOREM TAXATION OF PROPERTY (§§ 48-5-1 — 48-5-607) › Article 13 - AD VALOREM TAXATION OF TIMBERLAND PROPERTY (§§ 48-5-600 — 48-5-607) › Section 48-5-602 - Adoption and maintenance of qualified timberland property appraisal manual

(a)
The commissioner shall adopt by rule, subject to Chapter 13 of Title 50, the "Georgia Administrative Procedure Act," and maintain a qualified timberland property appraisal manual that shall be used by the commissioner in the appraisal of qualified timberland property for ad valorem tax purposes.
(b)
The commissioner shall provide for a period of consultation with the Georgia Agricultural Statistical Service, Cooperative Extension Service, Georgia Forestry Association, and State Forestry Commission prior to the adoption of the qualified timberland property appraisal manual.
(c)
(1)
Such manual shall be proposed and published on or before June 1, 2019, and annually thereafter.
(2)
Published manuals shall apply to the tax year following the tax year in which they are published.
(3)
This annual publication requirement shall not be construed to require annual adjustments, revisions, or modifications to the appraisal methodology.
(d)
Such manual shall contain:
(1)
Complete parameters for the appraisal of qualified timberland property, which shall be limited to determining the fair market value of qualified timberland property through a market approach to valuation, which shall constitute 50 percent of the value, and an income approach to valuation, which shall constitute 50 percent of the value;
(2)
A table of regional values for qualified timberland property based on the geographic locations and productivity levels within the state; and
(3)
A prescription of methods and procedures by which identification data, appraisal and assessment data, sales data, and any other information relating to the appraisal and assessment of property shall be furnished to the department using electronic data processing systems and equipment.
Amended by 2021 Ga. Laws 256,§ 2, eff. 7/1/2021.
Added by 2018 Ga. Laws 296,§ 5, eff. 1/1/2019 only if an amendment to the Constitution of Georgia is ratified at the November, 2018, general election modifying constitutional prescriptions for forest land conservation use property and related assistance grants, permitting the withholding of a portion of assistance grants to provide for certain state administrative costs, and establishing qualified timberland property as a subclassification of tangible property for purposes of ad valorem taxation.
2023 CODE OF GEORGIA › Title 48 - REVENUE AND TAXATION (§§ 48-1-1 — 48-18-1) › Chapter 5 - AD VALOREM TAXATION OF PROPERTY (§§ 48-5-1 — 48-5-607) › Article 13 - AD VALOREM TAXATION OF TIMBERLAND PROPERTY (§§ 48-5-600 — 48-5-607) › Section 48-5-603 - Certification as qualified owner; requirements

The commissioner shall certify as a qualified owner any individual or entity registered to do business in this state that is engaged in the bona fide production of trees for the primary purpose of producing timber for commercial uses, provided that such individual or entity:
(1)
Registers with the commissioner; and
(2)
Certifies to the commissioner that such individual or entity is engaged in the bona fide production of trees.
Added by 2018 Ga. Laws 296,§ 5, eff. 1/1/2019 only if an amendment to the Constitution of Georgia is ratified at the November, 2018, general election modifying constitutional prescriptions for forest land conservation use property and related assistance grants, permitting the withholding of a portion of assistance grants to provide for certain state administrative costs, and establishing qualified timberland property as a subclassification of tangible property for purposes of ad valorem taxation.
2023 CODE OF GEORGIA › Title 48 - REVENUE AND TAXATION (§§ 48-1-1 — 48-18-1) › Chapter 5 - AD VALOREM TAXATION OF PROPERTY (§§ 48-5-1 — 48-5-607) › Article 13 - AD VALOREM TAXATION OF TIMBERLAND PROPERTY (§§ 48-5-600 — 48-5-607) › Section 48-5-605 - [See Note] Appeal of commissioner's decisions by taxpayer or county board (§ 48-5-605)

(a)
A taxpayer or county board of tax assessors may appeal the commissioner's decisions related to:
(1)
Such taxpayer's status as a qualified owner;
(2)
The certification or noncertification of such taxpayer's timberland as qualified timberland property; or
(3)
The appraised value of such taxpayer's qualified timberland property.
(b)
(1)
Such appeals shall be made as an appeal to the Georgia Tax Tribunal in accordance with Chapter 13A of Title 50 within 30 days of the commissioner's publication of such decision.
(2)
The Georgia Tax Tribunal shall issue a final decision on such appeals on or before September 1 of the year in which an appeal is filed.
Added by 2018 Ga. Laws 296,§ 5, eff. 1/1/2019 only if an amendment to the Constitution of Georgia is ratified at the November, 2018, general election modifying constitutional prescriptions for forest land conservation use property and related assistance grants, permitting the withholding of a portion of assistance grants to provide for certain state administrative costs, and establishing qualified timberland property as a subclassification of tangible property for purposes of ad valorem taxation.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 CODE OF GEORGIA › Title 48 - REVENUE AND TAXATION (§§ 48-1-1 — 48-18-1) › Chapter 5 - AD VALOREM TAXATION OF PROPERTY (§§ 48-5-1 — 48-5-607) › Article 13 - AD VALOREM TAXATION OF TIMBERLAND PROPERTY (§§ 48-5-600 — 48-5-607) › Section 48-5-606 - [See Note] Appeal of commissioner's decisions by taxpayers or groups (§ 48-5-606)

(a)
A taxpayer, group of taxpayers, county board of tax assessors, or association representing taxpayers may appeal the commissioner's decisions related to the commissioner's complete parameters for the appraisal of qualified timberland property required by paragraph (1) of subsection (d) of Code Section
48-5-602
.
(b)
(1)
Such appeals shall be made as an appeal to the Georgia Tax Tribunal in accordance with Chapter 13A of Title 50 within 60 days of the commissioner's publication of such manual.
(2)
The Georgia Tax Tribunal shall issue a final decision on such appeals on or before September 1 of the year in which an appeal is filed.
Amended by 2019 Ga. Laws 321,§ 48, eff. 5/12/2019.
Added by 2018 Ga. Laws 296,§ 5, eff. 1/1/2019 only if an amendment to the Constitution of Georgia is ratified at the November, 2018, general election modifying constitutional prescriptions for forest land conservation use property and related assistance grants, permitting the withholding of a portion of assistance grants to provide for certain state administrative costs, and establishing qualified timberland property as a subclassification of tangible property for purposes of ad valorem taxation.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 CODE OF GEORGIA › Title 48 - REVENUE AND TAXATION (§§ 48-1-1 — 48-18-1) › Chapter 5 - AD VALOREM TAXATION OF PROPERTY (§§ 48-5-1 — 48-5-607) › Article 13 - AD VALOREM TAXATION OF TIMBERLAND PROPERTY (§§ 48-5-600 — 48-5-607) › Section 48-5-607 - Adoption of forms and regulations

The commissioner shall be authorized to prescribe such forms and promulgate such rules and regulations as are necessary to implement this article.
Added by 2018 Ga. Laws 296,§ 5, eff. 1/1/2019 only if an amendment to the Constitution of Georgia is ratified at the November, 2018, general election modifying constitutional prescriptions for forest land conservation use property and related assistance grants, permitting the withholding of a portion of assistance grants to provide for certain state administrative costs, and establishing qualified timberland property as a subclassification of tangible property for purposes of ad valorem taxation.
2023 CODE OF GEORGIA › Title 48 - REVENUE AND TAXATION (§§ 48-1-1 — 48-18-1) › Chapter 5A - FOREST LAND CONSERVATION USE ASSISTANCE GRANTS (§§ 48-5A-1 — 48-5A-6) › Section 48-5A-2 - Funds for forest land conservation

In each year the General Assembly shall appropriate to the department funds for forest land conservation use assistance grants to counties, municipalities, and county or independent school districts pursuant to Article VII, Section I, Paragraph III(f) of the Constitution. The General Appropriations Act shall specify the amount appropriated subject to the limitations of this chapter.
Added by 2008 Ga. Laws 464,§ 4, eff. 1/1/2009.
See 2008 Ga. Laws 464, § 5.
2023 CODE OF GEORGIA › Title 48 - REVENUE AND TAXATION (§§ 48-1-1 — 48-18-1) › Chapter 5A - FOREST LAND CONSERVATION USE ASSISTANCE GRANTS (§§ 48-5A-1 — 48-5A-6) › Section 48-5A-4 - Administration

The commissioner shall administer this chapter and shall adopt rules and regulations for the administration of this chapter, including specific instructions to local governments procedures.
Added by 2008 Ga. Laws 464,§ 4, eff. 1/1/2009.
See 2008 Ga. Laws 464, § 5.
2023 CODE OF GEORGIA › Title 48 - REVENUE AND TAXATION (§§ 48-1-1 — 48-18-1) › Chapter 5A - FOREST LAND CONSERVATION USE ASSISTANCE GRANTS (§§ 48-5A-1 — 48-5A-6) › Section 48-5A-5 - Retention of funds for administrative costs

Pursuant to Article VII, Section I, Paragraph III(f) of the Constitution, the commissioner shall deduct and retain an amount equal to 3 percent of an assistance grant upon distribution of such assistance grant to a county, municipality, or county or independent school district as an administrative fee to provide for the costs of administering Article 13 of Chapter 5 of this title.
Added by 2018 Ga. Laws 296,§ 6, eff. 1/1/2019.
2023 CODE OF GEORGIA › Title 48 - REVENUE AND TAXATION (§§ 48-1-1 — 48-18-1) › Chapter 5A - FOREST LAND CONSERVATION USE ASSISTANCE GRANTS (§§ 48-5A-1 — 48-5A-6) › Section 48-5A-6 - Value of local assistance grants

(a)
For 2019, the value of the local assistance grant to any county shall be increased by an amount equal to 80 percent of the difference between the value of the local assistance grant such county received for 2018 and the amount for which such county is eligible to receive in 2019.
(b)
For 2020, the value of the local assistance grant to any county shall be increased by an amount equal to 60 percent of the difference between the value of the local assistance grant such county received for 2018 and the amount for which such county is eligible to receive in 2020.
(c)
For 2021, the value of the local assistance grant to any county shall be increased by an amount equal to 40 percent of the difference between the value of the local assistance grant such county received for 2018 and the amount for which such county is eligible to receive in 2021.
(d)
For 2022, the value of the local assistance grant to any county shall be increased by an amount equal to 20 percent of the difference between the value of the local assistance grant such county received for 2018 and the amount for which such county is eligible to receive in 2022.
Added by 2018 Ga. Laws 296,§ 6, eff. 1/1/2019 .
2023 CODE OF GEORGIA › Title 48 - REVENUE AND TAXATION (§§ 48-1-1 — 48-18-1) › Chapter 5B - EXEMPTION FROM SALES AND USE TAXES (§ 48-5B-1) › Section 48-5B-1 - [Repealed] Moratorium on increases in value; corrections of errors in valuation; decrease in value; fair market value for improvements; role of commissioner

Repealed by 2009 Ga. Laws 163,§ 1, eff. 1/10/2011.
Amended by 2010 Ga. Laws 670,§ 6-2, eff. 6/4/2010.
Added by 2009 Ga. Laws 163,§ 1, eff. 5/5/2009.
2023 CODE OF GEORGIA › Title 48 - REVENUE AND TAXATION (§§ 48-1-1 — 48-18-1) › Chapter 6 - TAXATION OF INTANGIBLES (§§ 48-6-1 — 48-6-98) › Article 1 - REAL ESTATE TRANSFER TAX (§§ 48-6-1 — 48-6-10) › Section 48-6-1 - Transfer tax rate

There is imposed a tax at the rate of $1.00 for the first $1,000.00 or fractional part of $1,000.00 and at the rate of 10¢ for each additional $100.00 or fractional part of $100.00 on each deed, instrument, or other writing by which any lands, tenements, or other realty sold is granted, assigned, transferred, or otherwise conveyed to or vested in the purchaser or purchasers, or any other person or persons by his or their direction, when the consideration or value of the interest or property conveyed (exclusive of the value of any lien or encumbrance existing prior to the sale and not removed by the sale) exceeds $100.00.
2023 CODE OF GEORGIA › Title 48 - REVENUE AND TAXATION (§§ 48-1-1 — 48-18-1) › Chapter 6 - TAXATION OF INTANGIBLES (§§ 48-6-1 — 48-6-98) › Article 1 - REAL ESTATE TRANSFER TAX (§§ 48-6-1 — 48-6-10) › Section 48-6-3 - Persons required to pay real estate transfer tax

The tax imposed by Code Section
48-6-1
shall be paid by the person who executes the deed, instrument, or other writing or by the person for whose use or benefit the deed, instrument, or other writing is executed.
2023 CODE OF GEORGIA › Title 48 - REVENUE AND TAXATION (§§ 48-1-1 — 48-18-1) › Chapter 6 - TAXATION OF INTANGIBLES (§§ 48-6-1 — 48-6-98) › Article 1 - REAL ESTATE TRANSFER TAX (§§ 48-6-1 — 48-6-10) › Section 48-6-5 - Clerks of superior courts responsible for tax collecting; fees

(a)
Each clerk of the superior court shall be responsible for collecting the tax provided in this article. Each clerk may affix certificates to the deeds, instruments, or other writings with respect to which a tax is required to be paid pursuant to this article. Each clerk shall also perform the duties provided in this article.
(b)
In the performance of the duties imposed by this article, each clerk of the superior court shall be entitled to a fee in addition to all other fees provided by law of 50¢ for each deed, instrument, or other writing with respect to which a tax is required to be paid as provided in this article and filed for record and recorded in the county in which the clerk of the court holds office. The fee shall be withheld from the funds received in payment of the tax. Fees withheld by a clerk shall be distributed as follows:
(1)
In the event the clerk withholding the fees is compensated on a salary basis, the amount of the fees withheld shall be paid into the treasury of the county; or
(2)
In the event the clerk is not compensated on a salary basis, the amount of the fees withheld shall be retained by the clerk as compensation for the duties performed under this article.
Amended by 2003 Ga. Laws 381, § 3, eff. 7/1/2003.
2023 CODE OF GEORGIA › Title 48 - REVENUE AND TAXATION (§§ 48-1-1 — 48-18-1) › Chapter 6 - TAXATION OF INTANGIBLES (§§ 48-6-1 — 48-6-98) › Article 1 - REAL ESTATE TRANSFER TAX (§§ 48-6-1 — 48-6-10) › Section 48-6-6 - Annual report of tax distribution

Within 60 days of the end of each calendar year, the clerk of the superior court shall file with the commissioner a report showing the total amount of tax distributed among the state, county, and municipalities during the preceding calendar year.
Amended by 2003 Ga. Laws 381, § 4, eff. 7/1/2003.
2023 CODE OF GEORGIA › Title 48 - REVENUE AND TAXATION (§§ 48-1-1 — 48-18-1) › Chapter 6 - TAXATION OF INTANGIBLES (§§ 48-6-1 — 48-6-98) › Article 1 - REAL ESTATE TRANSFER TAX (§§ 48-6-1 — 48-6-10) › Section 48-6-8 - Distribution of tax revenues among state and other tax jurisdictions and districts

At least once every 30 days, all revenues derived from the tax imposed by this article shall be distributed among the state and municipalities in which the real property is situated and the county in which the real property is situated in the same proportion that revenues derived from the taxes imposed by Article 3 of this chapter are divided. If the real property is situated in more than one county, the appropriate portion of the tax shall be equitably divided among the counties by the clerk of the superior court.
Amended by 2003 Ga. Laws 381, § 5, eff. 7/1/2003.
2023 CODE OF GEORGIA › Title 48 - REVENUE AND TAXATION (§§ 48-1-1 — 48-18-1) › Chapter 6 - TAXATION OF INTANGIBLES (§§ 48-6-1 — 48-6-98) › Article 1 - REAL ESTATE TRANSFER TAX (§§ 48-6-1 — 48-6-10) › Section 48-6-9 - Failure to collect, account for, and pay over tax imposed by article; penalty

(a)
It shall be unlawful for any person required by this article to collect, account for, and pay over any tax imposed by this article willfully to fail to collect or truthfully account for and pay over the tax.
(b)
Any person who violates subsection (a) of this Code section shall be guilty of a misdemeanor.
2023 CODE OF GEORGIA › Title 48 - REVENUE AND TAXATION (§§ 48-1-1 — 48-18-1) › Chapter 6 - TAXATION OF INTANGIBLES (§§ 48-6-1 — 48-6-98) › Article 1 - REAL ESTATE TRANSFER TAX (§§ 48-6-1 — 48-6-10) › Section 48-6-10 - Evasion of tax imposed by article; penalty

(a)
It shall be unlawful for any person willfully to evade or defeat in any manner any tax imposed by this article or the payment of such tax.
(b)
Any person who violates subsection (a) of this Code section shall be guilty of a misdemeanor.
2023 CODE OF GEORGIA › Title 48 - REVENUE AND TAXATION (§§ 48-1-1 — 48-18-1) › Chapter 6 - TAXATION OF INTANGIBLES (§§ 48-6-1 — 48-6-98) › Article 3 - INTANGIBLE RECORDING TAX (§§ 48-6-60 — 48-6-77) › Section 48-6-60 - Definitions

As used in this article, the term:
(1)
"Collecting officer" means the clerk of the superior court of the county; provided, however, that, in each county of this state having a population of 50,000 or less according to the United States decennial census of 1990 or any future such census, at the discretion of the clerk of the superior court of the county, "collecting officer" may mean the tax collector or tax commissioner of the county.
(2)
"Instrument" or "security instrument" means any written document presented for recording for the purpose of conveying or creating a lien or encumbrance on real estate for the purpose of securing a long-term note secured by real estate.
(3)
"Long-term note secured by real estate" means any note representing credits secured by real estate by means of mortgages, deeds to secure debt, purchase money deeds to secure debt, bonds for title, or any other form of security instrument, when any part of the principal of the note falls due more than three years from the date of the note or from the date of any instrument executed to secure the note and conveying or creating a lien or encumbrance on real estate for such purpose.
(4)
"Short-term note secured by real estate" means any note which would be a long-term note secured by real estate were it not for the fact that the whole of the principal of the note falls due within three years from the date of the note or from the date of any instrument executed to secure the note.
Amended by 2024 Ga. Laws 701,§ 5, eff. 7/1/2024.
2023 CODE OF GEORGIA › Title 48 - REVENUE AND TAXATION (§§ 48-1-1 — 48-18-1) › Chapter 6 - TAXATION OF INTANGIBLES (§§ 48-6-1 — 48-6-98) › Article 3 - INTANGIBLE RECORDING TAX (§§ 48-6-60 — 48-6-77) › Section 48-6-61 - Filing instruments securing long-term notes; procedure; intangible recording tax; rate; maximum tax

Every holder of a long-term note secured by real estate shall, within 90 days from the date of the instrument executed to secure the note, record the security instrument in the county in which is located the real estate conveyed or encumbered or upon which a lien is created to secure the note and shall present, prior to presenting the instrument to the clerk of superior court for recording, the security instrument to the collecting officer of the county in which the real estate is located. The collecting officer shall determine from the face of the security instrument the date of execution of the instrument, the maturity date of the note, and the principal amount of the note. There is imposed on each instrument an intangible recording tax at the rate of $1.50 for each $500.00 or fraction thereof of the face amount of the note secured by the recording of the security instrument. The collecting officer shall collect the tax due on the security instrument from the holder of the instrument; provided, however, that the holder may pass on the amount of such tax to the borrower or mortgagor but the amount of such tax passed to the borrower or mortgagor shall not be considered or treated as part of any finance charge imposed by the holder in connection with the loan transaction. If the security instrument reflects an amount greater than the principal amount of the note and, at the time the security instrument is presented for recording, the holder of the note also presents for recording with the security instrument said holder's sworn statement itemizing the principal amount of the note and the other charges included within the amount shown on the face of the security instrument, the collecting officer shall determine the principal amount of the note from the sworn statement. The maximum amount of any intangible recording tax payable as provided in this Code section with respect to any single note shall be $25,000.00.
Amended by 2024 Ga. Laws 701,§ 5, eff. 7/1/2024.
2023 CODE OF GEORGIA › Title 48 - REVENUE AND TAXATION (§§ 48-1-1 — 48-18-1) › Chapter 6 - TAXATION OF INTANGIBLES (§§ 48-6-1 — 48-6-98) › Article 3 - INTANGIBLE RECORDING TAX (§§ 48-6-60 — 48-6-77) › Section 48-6-64 - Tax imposed on long-term and short-term notes secured by realty exclusive; Code section not to be construed as income tax exemption

(a)
The tax required by this article to be paid on instruments securing long-term notes secured by real estate shall be exclusive of all other taxes on the notes. Such intangible property shall not be taxed in any manner other than as provided in this article by the state, any county, or any municipality, nor shall the owner or holder of the property be required to pay any other tax on the property.
(b)
Nothing contained in this Code section shall be construed to exempt any owner or holder of property taxed pursuant to this article from the payment of income taxes otherwise due on account of income derived from the property.
2023 CODE OF GEORGIA › Title 48 - REVENUE AND TAXATION (§§ 48-1-1 — 48-18-1) › Chapter 6 - TAXATION OF INTANGIBLES (§§ 48-6-1 — 48-6-98) › Article 3 - INTANGIBLE RECORDING TAX (§§ 48-6-60 — 48-6-77) › Section 48-6-65 - Extension, transfer, assignment, modification, or renewal of instrument; exemption for amount of note refinanced

(a)
No tax other than as provided for in this article shall be required to be paid on any instrument which is an extension, transfer, assignment, modification, or renewal of, or which only adds additional security for, any original indebtedness or part of original indebtedness secured by an instrument subject to the tax imposed by Code Section
48-6-61
when:
(1)
It affirmatively appears that the tax as provided by this article has been paid on the original security instrument recorded; provided, however, that the tax required by Code Section
48-6-61
shall be due on any portion of the instrument which is an additional advance of indebtedness secured by a previously recorded instrument, without regard to whether the original security instrument has been assigned; or
(2)
The original instrument or the holder of the original instrument was exempt from the tax provided for in Code Section
48-6-61
by virtue of any other law.
(b)
No tax shall be collected on that part of the face amount of a new instrument securing a long-term note secured by real estate which represents a refinancing by the original lender of unpaid principal on a previous instrument securing a long-term note secured by real estate if:
(1)
All intangible recording tax due on the previous instrument has been paid or the previous instrument was exempt from intangible recording tax; and
(2)
(A)
The new instrument contains a statement of what part of its face amount represents a refinancing of unpaid principal on the previous instrument; or
(B)
The holder of the new instrument submits an affidavit as to what part of the face amount of the new instrument represents a refinancing of unpaid principal on the previous instrument.
Amended by 2018 Ga. Laws 334,§ 2, eff. 7/1/2018.
2023 CODE OF GEORGIA › Title 48 - REVENUE AND TAXATION (§§ 48-1-1 — 48-18-1) › Chapter 6 - TAXATION OF INTANGIBLES (§§ 48-6-1 — 48-6-98) › Article 3 - INTANGIBLE RECORDING TAX (§§ 48-6-60 — 48-6-77) › Section 48-6-66 - Showing correct amount and due date on instruments encumbering or conveying real estate

Every instrument conveying, encumbering, or creating a lien upon real estate shall set forth in words and figures the correct amount of the note secured by the instrument and the date upon which the note falls due. When the note falls due within three years from the date of the note or from the date of any instrument executed to secure the note, a statement of that fact in lieu of specifying the date upon which the note falls due may be made in the security instrument and shall constitute sufficient compliance with this Code section. The inclusion in the instrument of a provision that the instrument secures all other indebtedness then existing or thereafter incurred shall not require the setting forth in the instrument of existing indebtedness for loans not made on the security of the instrument.
2023 CODE OF GEORGIA › Title 48 - REVENUE AND TAXATION (§§ 48-1-1 — 48-18-1) › Chapter 6 - TAXATION OF INTANGIBLES (§§ 48-6-1 — 48-6-98) › Article 3 - INTANGIBLE RECORDING TAX (§§ 48-6-60 — 48-6-77) › Section 48-6-67 - Violation of Code Section 48-6-66; penalty

(a)
It shall be unlawful for any person willfully to violate Code Section
48-6-66
.
(b)
Any person who violates Code Section
48-6-66
shall be guilty of a misdemeanor.
2023 CODE OF GEORGIA › Title 48 - REVENUE AND TAXATION (§§ 48-1-1 — 48-18-1) › Chapter 6 - TAXATION OF INTANGIBLES (§§ 48-6-1 — 48-6-98) › Article 3 - INTANGIBLE RECORDING TAX (§§ 48-6-60 — 48-6-77) › Section 48-6-68 - Bond for title in absence of security deed; recording and tax

Any seller of real estate who retains title to the real estate as security for the purchase price and who does not convey title to the purchaser or take back a deed to secure debt shall execute and deliver to the purchaser a bond for title which shall correctly set forth the unpaid portion of the purchase price and the maturity of the indebtedness. If any part of the purchase price falls due more than three years from the date of the instrument, the seller shall have the instrument recorded before delivery of the bond for title in the county where the land is located and shall pay the tax required by this article for the recording of the instrument.
2023 CODE OF GEORGIA › Title 48 - REVENUE AND TAXATION (§§ 48-1-1 — 48-18-1) › Chapter 6 - TAXATION OF INTANGIBLES (§§ 48-6-1 — 48-6-98) › Article 3 - INTANGIBLE RECORDING TAX (§§ 48-6-60 — 48-6-77) › Section 48-6-69 - Recording, payment, and certification where encumbered real property located in more than one county or located within and outside state

(a)
If any instrument required to be recorded by this article conveys, encumbers, or creates a lien upon real property located in more than one county, the tax imposed by this article shall be prorated among all applicable counties; and the amount paid to the collecting officer of each county shall be that proportion of the total tax due calculated by applying the ratio of the value of the real property in such county as it bears to the total value of the real properties in all counties described in the instrument to the total tax due. Such proportions shall be calculated pursuant to the most recently determined fair market valuations of the property as determined by the county board of tax assessors or comparable assessing entity in any affected state. All such values shall be disclosed on the face of the instrument or, alternatively, may be submitted in the form of an affidavit by the holder presenting the instrument for recording. The original or a duplicate original executed copy or counterpart of such instrument shall be presented for recording in all counties in which the real property is located, and the collecting officer of each county may rely upon the sworn original or a duplicate original certification of values in determining the amount of tax due and payable in that county and collect such portion of the tax imposed by Code Section
48-6-61
and enter the same upon the security instrument.
(b)
If any instrument conveying, encumbering, or creating a lien on real property located within and outside this state as security for a long-term note is held by a nonresident of this state when presented for recording pursuant to this article, the tax required by this article shall be that proportion of the tax which would otherwise be required under this article that the value of the real property within this state bears to the total value of all the real property within and outside this state as described in the instrument. All such values shall be certified under oath by the holder presenting the instrument for recording.
Amended by 2010 Ga. Laws 485,§ 1, eff. 7/1/2010.
2023 CODE OF GEORGIA › Title 48 - REVENUE AND TAXATION (§§ 48-1-1 — 48-18-1) › Chapter 6 - TAXATION OF INTANGIBLES (§§ 48-6-1 — 48-6-98) › Article 3 - INTANGIBLE RECORDING TAX (§§ 48-6-60 — 48-6-77) › Section 48-6-70 - Filing and payment of tax where encumbered real property located outside state and secured by instrument held by resident

Every resident holder of an instrument securing a long-term note secured by real property located outside of this state including, but not limited to, domestic corporations and foreign corporations having their principal places of business in this state shall file, in lieu of recording the instrument securing any such note, at such periodic intervals as the commissioner by regulation may designate, a memorandum of the instrument with the commissioner on forms prescribed by the commissioner. At the same time as the memorandum is filed, the holder of the instrument shall pay to the commissioner the amount of the tax required by this article with respect to the instrument. The revenue from each instrument shall be distributed to the state, counties, and municipalities as if the real property securing the instrument were located in the county of the domicile of the taxpayer or, if the taxpayer is a corporation, in the county of the principal place of business of the taxpayer.
2023 CODE OF GEORGIA › Title 48 - REVENUE AND TAXATION (§§ 48-1-1 — 48-18-1) › Chapter 6 - TAXATION OF INTANGIBLES (§§ 48-6-1 — 48-6-98) › Article 3 - INTANGIBLE RECORDING TAX (§§ 48-6-60 — 48-6-77) › Section 48-6-71 - Determinations by commissioner of whether tax is payable; determinations to be public record; effect of nonpayment in reliance on determination

The commissioner upon his own motion or upon the written request of one or more holders of instruments securing notes secured by real property shall render publicly and in writing his determination of whether the intangible recording tax provided in this article is payable with respect to a particularly described real property instrument or class of real property instruments or modifications of such instruments. The determination may be in the form of administrative regulations if applicable to a class of real property instruments. A copy of all such determinations shall be retained in the files of the department as a permanent and public record. Nonpayment of the tax provided for in this article, with respect to a real property instrument filed for record, in reliance upon a determination rendered by the commissioner pursuant to this Code section shall not constitute a bar, as provided in Code Section
48-6-77
, to the collection of the indebtedness secured by any such instrument.
2023 CODE OF GEORGIA › Title 48 - REVENUE AND TAXATION (§§ 48-1-1 — 48-18-1) › Chapter 6 - TAXATION OF INTANGIBLES (§§ 48-6-1 — 48-6-98) › Article 3 - INTANGIBLE RECORDING TAX (§§ 48-6-60 — 48-6-77) › Section 48-6-73 - Reports and distributions by collecting officer; failure to distribute as breach of duty and bond; commissions; long-term notes not entered on property tax digest

Each collecting officer shall make a report to the commissioner by the tenth day of each month on forms prescribed by the commissioner of all sums collected and remitted under this article for the preceding month. The collecting officer shall retain 6 percent of the tax collected as compensation for said officer's services in collecting the tax. All such taxes shall be deemed to have been collected by the collecting officer in said officer's official capacity. Failure to collect and distribute the tax as provided by law shall constitute a breach of the official duty and of the official bond of the collecting officer. In each county in which the collecting officer is on a salary, the 6 percent commission allowed by this Code section shall be paid into the county treasury and shall become county property. The long-term notes secured by real property upon which this tax is based shall not be placed upon the property tax digest prepared and maintained by the tax receiver. It is the intention of the General Assembly that the 6 percent commission permitted under this article for the collection and distribution of this tax by the collecting officer shall be the only compensation permitted to any collecting officer with respect to this tax.
Amended by 2012 Ga. Laws 675,§ 1, eff. 5/1/2012.
Amended by 2002 Ga. Laws 961, § 1, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 48 - REVENUE AND TAXATION (§§ 48-1-1 — 48-18-1) › Chapter 6 - TAXATION OF INTANGIBLES (§§ 48-6-1 — 48-6-98) › Article 3 - INTANGIBLE RECORDING TAX (§§ 48-6-60 — 48-6-77) › Section 48-6-74 - Distribution of revenues from intangible recording tax; procedure when real property located in more than one county

All revenues derived from the intangible recording tax imposed by this article including, but not limited to, revenues from any imposition of the tax upon intangible trust property shall be distributed among the state, county, and municipality in which the real property is located in the same proportion that revenues derived from the intangible taxes imposed by Article 3 of this chapter are distributed. If the real property is located in more than one county, the appropriate portion of the intangible recording tax shall be distributed equitably by the commissioner among the affected counties.
2023 CODE OF GEORGIA › Title 48 - REVENUE AND TAXATION (§§ 48-1-1 — 48-18-1) › Chapter 6 - TAXATION OF INTANGIBLES (§§ 48-6-1 — 48-6-98) › Article 3 - INTANGIBLE RECORDING TAX (§§ 48-6-60 — 48-6-77) › Section 48-6-75 - Collection procedures in absence of collecting officer

In the event the collecting officer required to collect the tax imposed by Code Section
48-6-61
is temporarily absent from said officer's office for reasons of health, vacation, or otherwise, said officer shall designate another qualified person to collect the intangible recording tax in said officer's absence. In the event of the death of the collecting officer, the county governing authority shall immediately designate another qualified person to collect the tax until a new collecting officer qualifies for the position as required by law.
2023 CODE OF GEORGIA › Title 48 - REVENUE AND TAXATION (§§ 48-1-1 — 48-18-1) › Chapter 6 - TAXATION OF INTANGIBLES (§§ 48-6-1 — 48-6-98) › Article 3 - INTANGIBLE RECORDING TAX (§§ 48-6-60 — 48-6-77) › Section 48-6-77 - Failure to pay intangible recording tax bars action on indebtedness; removal of bar; penalty; conditions under which penalty waived; acquisition of instrument by holder exempt from tax

(a)
Failure to pay the tax levied by this article shall constitute a bar to the collection by any action, foreclosure, the exercise of any power of sale, or otherwise of the indebtedness secured by any instrument required by this article to be recorded, whether the instrument is held by an original party to the instrument or by a transferee. However, failure to pay the tax levied by this article shall not affect or discharge the indebtedness and other obligations secured by such instrument or the debtor's liability on account thereof and, subject to the bar, such instrument shall continue to secure the indebtedness and other obligations secured thereby and shall continue to encumber the collateral described therein. The bar may be removed by the payment of the required tax, plus interest at the rate specified in Code Section
48-2-40
from the time the tax was due, plus a penalty of 50 percent of the amount of the tax, after which the process to collect the indebtedness, including foreclosure, may proceed as if no bar ever existed. However, if an instrument required to be recorded fails to reflect on its face that the tax levied by this article is due and after a foreclosure has taken place it is discovered that the instrument securing the indebtedness is in fact subject to the tax, any deed given pursuant to the foreclosure or in lieu of foreclosure shall be imperfected but may be perfected by the payment of the required tax, plus interest at the rate specified in Code Section
48-2-40
from the time the tax was due plus a penalty of 50 percent of the amount of the tax. Once the tax, interest, and penalty as required in this subsection have been paid, the perfection of the deed will revert back to the date of the deed, and the deed shall retain its priority over any and all intervening liens or conveyances except those conveyances and liens made or created by the grantee, its successors, and assigns named in the foreclosure deed or deed in lieu of foreclosure. These provisions shall have no effect on any instrument subject to the tax on which the statute of limitations has expired.
(b)
The failure to pay the tax shall not constitute a bar to the collection of the indebtedness as provided in subsection (a) of this Code section when the commissioner has determined that the tax is not payable.
(c)
The commissioner may waive the penalty provided for in subsection (a) of this Code section if he determines that the failure to pay the tax was through ignorance of the law or inadvertence and that the failure did not occur out of bad faith.
(d)
This Code section shall not apply to instruments acquired at a time when the holder of the instrument was otherwise exempt from the payment of the tax imposed by this article.
2023 CODE OF GEORGIA › Title 48 - REVENUE AND TAXATION (§§ 48-1-1 — 48-18-1) › Chapter 6 - TAXATION OF INTANGIBLES (§§ 48-6-1 — 48-6-98) › Article 4 - TAXATION OF FINANCIAL INSTITUTIONS (§§ 48-6-90 — 48-6-98) › Section 48-6-90 - Definitions

As used in this article, the term:
(1)
"Bank" means any financial institution chartered under the laws of any state or under the laws of the United States which is authorized to receive deposits in this state and which has a corporate structure authorizing the issuance of capital stock.
(2)
"Depository financial institution" means a bank or a savings and loan association.
(3)
"Savings and loan association" means any financial institution, other than a credit union, chartered under the laws of any state or under the laws of the United States which is authorized to receive deposits in this state and which has a mutual corporate form.
2023 CODE OF GEORGIA › Title 48 - REVENUE AND TAXATION (§§ 48-1-1 — 48-18-1) › Chapter 6 - TAXATION OF INTANGIBLES (§§ 48-6-1 — 48-6-98) › Article 4 - TAXATION OF FINANCIAL INSTITUTIONS (§§ 48-6-90 — 48-6-98) › Section 48-6-90.1 - Depository financial institutions subject to state and local taxation as business corporations

Except as is otherwise provided in this title, depository financial institutions shall be subject to all forms of state and local taxation in the same manner and to the same extent as other business corporations in Georgia.
2023 CODE OF GEORGIA › Title 48 - REVENUE AND TAXATION (§§ 48-1-1 — 48-18-1) › Chapter 6 - TAXATION OF INTANGIBLES (§§ 48-6-1 — 48-6-98) › Article 4 - TAXATION OF FINANCIAL INSTITUTIONS (§§ 48-6-90 — 48-6-98) › Section 48-6-91 - Domestic international banking facilities; place of business; exemption from state or local tax, license, or fee

Domestic international banking facilities operating in this state pursuant to Article 5A of Chapter 1 of Title 7, the "Domestic International Banking Facility Act," and engaging only in those activities authorized pursuant to that article shall not be deemed to maintain a place of business in this state and shall not be subject to any state or local tax, license, or fee solely because of such activities.
2023 CODE OF GEORGIA › Title 48 - REVENUE AND TAXATION (§§ 48-1-1 — 48-18-1) › Chapter 6 - TAXATION OF INTANGIBLES (§§ 48-6-1 — 48-6-98) › Article 4 - TAXATION OF FINANCIAL INSTITUTIONS (§§ 48-6-90 — 48-6-98) › Section 48-6-94 - Rate of taxation of moneyed capital competing with national banks

All moneyed capital in the hands of individual citizens of this state coming into competition with the business of national banks shall be subject to taxation at the rate applicable to the national banks.
2023 CODE OF GEORGIA › Title 48 - REVENUE AND TAXATION (§§ 48-1-1 — 48-18-1) › Chapter 6 - TAXATION OF INTANGIBLES (§§ 48-6-1 — 48-6-98) › Article 4 - TAXATION OF FINANCIAL INSTITUTIONS (§§ 48-6-90 — 48-6-98) › Section 48-6-96 - Exemptions, credits, and deductions from taxation of depository financial institutions filing consolidated returns with parent organization

No depository financial institution shall be deprived of the benefit of any exemption, deduction, or credit authorized by law as a consequence of its election to file otherwise lawful consolidated returns with its parent organization or any corporate subsidiaries with respect to any state or local tax levied against such depository financial institution.
2023 CODE OF GEORGIA › Title 48 - REVENUE AND TAXATION (§§ 48-1-1 — 48-18-1) › Chapter 6 - TAXATION OF INTANGIBLES (§§ 48-6-1 — 48-6-98) › Article 4 - TAXATION OF FINANCIAL INSTITUTIONS (§§ 48-6-90 — 48-6-98) › Section 48-6-97 - Taxation of credit unions; legislative intent to tax state and federally chartered credit unions equally

Except as otherwise provided by law, credit unions organized under the provisions of Chapter 1 of Title 7, the "Financial Institutions Code of Georgia," shall be subject to all forms of state and local government taxation authorized by the Congress of the United States for the taxation of federally chartered credit unions on January 1, 1984. It is the intent of the General Assembly of the State of Georgia that credit unions organized under the laws of this state and credit unions organized under the laws of the United States and domiciled within this state be subject to the same degree of taxation whether by the state or any of its political subdivisions in which such credit union maintains a place of business. It is further the intent of the General Assembly that in the event the Congress of the United States should change the manner in which federally chartered credit unions may be taxed by state and local governments, then to the extent that state legislative authority is not preempted by the Congress, state-chartered credit unions and federally chartered credit unions operating in this state shall be taxed to the same extent and in the same manner as state-chartered savings and loan associations operating in this state.