2023 CODE OF GEORGIA › Title 48 - REVENUE AND TAXATION (§§ 48-1-1 — 48-18-1) › Chapter 2 - STATE ADMINISTRATIVE ORGANIZATION, ADMINISTRATION, AND ENFORCEMENT (§§ 48-2-1 — 48-2-110) › Article 2 - ADMINISTRATION (§§ 48-2-30 — 48-2-63) › Section 48-2-59 - [See Note] Appeals; payment of taxes admittedly owed; bond; costs (§ 48-2-59) › 2

(a)
Except with respect to claims for refunds, either party may appeal from any order, ruling, or finding of the commissioner to the Georgia Tax Court in accordance with Chapter 5B of Title 15, the "Georgia Tax Court Act of 2025," or the superior court of the county of the residence of the taxpayer, except that:
(1)
If the taxpayer is a public utility or nonresident, the appeal of either party shall be to the Georgia Tax Court in accordance with Chapter 5B of Title 15, the "Georgia Tax Court Act of 2025," or the superior court of the county in which is located the taxpayer's principal place of doing business or in which the taxpayer's chief or highest corporate officer residing in this state maintains such officer's office; or
(2)
If the taxpayer is a nonresident individual or a foreign corporation having no place of doing business and no officer or employee residing and maintaining such officer's office in this state, the taxpayer shall have the right to appeal to the Georgia Tax Court in accordance with Chapter 5B of Title 15, the "Georgia Tax Court Act of 2025," or the Superior Court of Fulton County or to the superior court of the county in which the commissioner in office at the time the action is filed resides.
(b)
The taxpayer shall commence an appeal by filing a petition with the Georgia Tax Court in accordance with Chapter 5B of Title 15, the "Georgia Tax Court Act of 2025," or the superior court within 30 days from the date of decision by the commissioner or at any time after the department records a state tax execution pursuant to Code Section
48-3-42
.
(c)
Before the superior court shall have jurisdiction to entertain an appeal filed by any aggrieved taxpayer, the taxpayer shall file with the clerk of the superior court a written statement whereby the taxpayer agrees to pay on the date or dates the taxes become due all taxes for which the taxpayer has admitted liability. Additionally, the taxpayer shall file with the clerk of the superior court within 30 days from the date of decision by the commissioner, except when the value of the appellant's title or interest in real property owned in this state is in excess of the amount of the tax in dispute, a surety bond or other security in an amount satisfactory to the clerk, conditioned to pay any tax over and above that for which the taxpayer has admitted liability and which is found to be due by a final judgment of the court, together with interest and costs. It shall be ground for dismissal of the appeal if the taxpayer fails to pay all taxes admittedly owed upon the due date or dates as provided by law. This subsection shall not apply to appeals filed with the Georgia Tax Court as provided in Chapter 5B of Title 15, the "Georgia Tax Court Act of 2025."
(d)
(1)
If the final judgment of the court places upon the taxpayer any tax liability which has not already been paid and if the tax or any part of the tax has:
(A)
Not become due on the date of the final judgment of the court, then the taxpayer shall pay the amount of the unpaid tax liability on the due date or dates as provided by law; or
(B)
Already become due at the time of final judgment of the court, the taxpayer shall immediately pay the tax or as much of the tax as has already become due, with interest.
(2)
In the event the final judgment of the court is adverse to the taxpayer, the taxpayer shall pay the court costs regardless of whether the tax or any part of the tax has or has not become due at the time of the final judgment of the court.
(3)
This subsection shall not apply to appeals filed with the Georgia Tax Court as provided in Chapter 5B of Title 15, the "Georgia Tax Court Act of 2025."
(e)
In an action pursuant to subsection (a) of this Code section, all questions of law decided by a court or the Georgia Tax Court, including interpretations of constitutional, statutory, and regulatory provisions, shall be made without any deference to any determination or interpretation, whether written or unwritten, that may have been made on the matter by the department, except such requirement shall have no effect on the judicial standard of deference accorded to rules promulgated pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'
Amended by 2024 Ga. Laws 601,§ 3-8, eff. 7/1/2026 only if an amendment to the Constitution to provide that the Georgia Tax Court shall have state-wide jurisdiction as provided by law and that decisions of such court shall be appealed to the Court of Appeals, subject to review by the Supreme Court of Georgia, is ratified by the voters at the November, 2024, state-wide general election.
Amended by 2021 Ga. Laws 41,§ 3, eff. 4/29/2021.
Amended by 2017 Ga. Laws 257,§ 3, eff. 1/1/2018.
Amended by 2012 Ga. Laws 609,§; 5, eff. 1/1/2013.
See 2012 Ga. Laws 609, §; 16.
This section is set out more than once due to postponed, multiple, or conflicting amendments.