reglab/statecodes huggingface dataset:
Compilation of Rules and Regulations of the State of Georgia › Department 560 - RULES OF DEPARTMENT OF REVENUE › Chapter 560-11 - LOCAL GOVERNMENT SERVICES DIVISION › Subject 560-11-3 - FORMS › Rule 560-11-3-.19 - Farm Property Preferential Assessment/Application/ Covenant Form

Current through Rules and Regulations filed through June 27, 2024
(1) In order for
				tangible real property to qualify for the preferential assessment provided for
				in O.C.G.A. Sections
				 48-5-7 and 
				 48-5-7.1, its primary use must be the good faith commercial production of agricultural
				products. Such land must be devoted to bona fide agricultural purposes, which
				as a general rule, contemplates both the usage of multiple acre tracts and an
				overall pursuit of profit. The mere ownership of multiple acres whose primary
				use is not the good faith commercial production of agricultural products but is
				only used in the limited, occasional or sporadic production of agricultural
				products would not qualify for the preferential assessment.
(2) For purposes of this regulation, the
				following terms are defined to mean:
(a)
				"Bona fide agricultural purposes" means the production, as a part of an overall
				business pursuit engaged in for profit of one or more types of agricultural
				products including horticultural products, floricultural products, forestry
				products, dairy products, livestock products, poultry products, apiarian
				products, and any other form of farm product.
(b) "Good faith commercial production" means
				an overall business pursuit factually and genuinely engaged in for the primary
				purpose of producing agricultural products for a profit.
(c) "Primary use" means that use which is the
				principal, chief and leading use or activity to which the property is
				devoted.
(d) "Storage or processing
				of agricultural products" means to put or set aside agricultural products for
				safekeeping or for use when needed or the act or series of acts performed upon
				agricultural products to transform such products into a different state of
				condition.
Compilation of Rules and Regulations of the State of Georgia › Department 560 - RULES OF DEPARTMENT OF REVENUE › Chapter 560-11 - LOCAL GOVERNMENT SERVICES DIVISION › Subject 560-11-3 - FORMS › Rule 560-11-3-.20 - Property Tax Bill - Electronic Election

Current through Rules and Regulations filed through June 27, 2024
In the discretion of the tax commissioner, the taxpayer may
				 make an election on form prescribed by the Commissioner to receive tax bills or
				 subsequent delinquent notices via electronic transmission in lieu of, or in
				 addition to, receiving a paper bill via first-lass mail. Following such
				 election, the tax bill shall be transmitted to the taxpayer via e-mail, with
				 delivery or read receipt requested, in portable document format using all
				 e-mail addresses provided by the taxpayer, and the date shown on such
				 transmission shall serve as a postmark. In any instance where such transmission
				 proves undeliverable, the tax commissioner shall mail such tax bill or
				 subsequent delinquent notice to the address of record as found in the county
				 board of tax assessors' records.
O.C.G.A. Secs.
				  48-2-12,  48-3-3.
Compilation of Rules and Regulations of the State of Georgia › Department 560 - RULES OF DEPARTMENT OF REVENUE › Chapter 560-11 - LOCAL GOVERNMENT SERVICES DIVISION › Subject 560-11-4 - REPEALED › Rule 560-11-4-.01 - Repealed

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. Secs.
				  48-2-1,  48-2-12,  48-5-7.4,  48-5-269.
Compilation of Rules and Regulations of the State of Georgia › Department 560 - RULES OF DEPARTMENT OF REVENUE › Chapter 560-11 - LOCAL GOVERNMENT SERVICES DIVISION › Subject 560-11-4 - REPEALED › Rule 560-11-4-.02 - Repealed

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. Secs.
				  48-2-1,  48-2-12,  48-5-7.4,  48-5-269.
Compilation of Rules and Regulations of the State of Georgia › Department 560 - RULES OF DEPARTMENT OF REVENUE › Chapter 560-11 - LOCAL GOVERNMENT SERVICES DIVISION › Subject 560-11-4 - REPEALED › Rule 560-11-4-.03 - Repealed

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. Secs.
				  48-2-1,  48-2-12,  48-5-7.4,  48-5-269.
Compilation of Rules and Regulations of the State of Georgia › Department 560 - RULES OF DEPARTMENT OF REVENUE › Chapter 560-11 - LOCAL GOVERNMENT SERVICES DIVISION › Subject 560-11-4 - REPEALED › Rule 560-11-4-.04 - Repealed

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. Secs.
				  48-2-1,  48-2-12,  48-5-7,  48-5-7.4,  48-5-269.
Compilation of Rules and Regulations of the State of Georgia › Department 560 - RULES OF DEPARTMENT OF REVENUE › Chapter 560-11 - LOCAL GOVERNMENT SERVICES DIVISION › Subject 560-11-4 - REPEALED › Rule 560-11-4-.05 - Repealed

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. Secs.
				  48-2-1,  48-2-12,  48-5-7.4,  48-5-269.
Compilation of Rules and Regulations of the State of Georgia › Department 560 - RULES OF DEPARTMENT OF REVENUE › Chapter 560-11 - LOCAL GOVERNMENT SERVICES DIVISION › Subject 560-11-4 - REPEALED › Rule 560-11-4-.06 - Repealed

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. Secs.
				  48-2-1,  48-2-12,  48-5-7.4,  48-5-269.
Compilation of Rules and Regulations of the State of Georgia › Department 560 - RULES OF DEPARTMENT OF REVENUE › Chapter 560-11 - LOCAL GOVERNMENT SERVICES DIVISION › Subject 560-11-4 - REPEALED › Rule 560-11-4-.07 - Repealed

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. Secs.
				  48-2-1,  48-2-12,  48-5-7.4,  48-5-269.
Compilation of Rules and Regulations of the State of Georgia › Department 560 - RULES OF DEPARTMENT OF REVENUE › Chapter 560-11 - LOCAL GOVERNMENT SERVICES DIVISION › Subject 560-11-4 - REPEALED › Rule 560-11-4-.08 - Repealed

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. Secs.
				  48-2-1,  48-2-12,  48-5-7.4,  48-5-269.
Compilation of Rules and Regulations of the State of Georgia › Department 560 - RULES OF DEPARTMENT OF REVENUE › Chapter 560-11 - LOCAL GOVERNMENT SERVICES DIVISION › Subject 560-11-4 - REPEALED › Rule 560-11-4-.09 - Repealed

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. Secs.
				  48-2-1,  48-2-12,  48-5-7,  48-5-7.4,  48-5-269.
Compilation of Rules and Regulations of the State of Georgia › Department 560 - RULES OF DEPARTMENT OF REVENUE › Chapter 560-11 - LOCAL GOVERNMENT SERVICES DIVISION › Subject 560-11-5 - TAXATION OF STANDING TIMBER › Rule 560-11-5-.01 - Forms

Current through Rules and Regulations filed through June 27, 2024
(1) The
				Commissioner shall prepare and furnish a form, herewith adopted and designated
				as PT-283T, to be used by purchasers and sellers of standing timber to report
				taxable sales or harvests under this Chapter. Reports of unit price sales filed
				with the local county authorities shall be confidential, shall not be revealed
				to any persons other than authorized tax officials, and shall be exempt from
				disclosure under Article 4 of Chapter 18 of Title 50 of the Official Code of
				Georgia.
(2) The Commissioner shall
				prepare and furnish a form, herewith adopted and designated as PT-283TQ, to be
				used by purchasers when filing with the Commissioner the composite quarterly
				report required by Regulation
				 560-11-5-.05(2), of all purchases of standing timber by lump sum sales reflecting total volumes
				and total prices paid for the various timber product classes purchased during
				the preceding calendar quarter.
(3)
				A computer generated form PT-283T and form PT-283TQ may be used by any person
				reporting timber sales and harvests if the computer generated forms provide the
				necessary information and have been approved by the Commissioner.
(4) All form PT-283T reports and all approved
				computer generated PT-283T reporting forms filed with the county tax collector
				or tax commissioner and the board of tax assessors shall be retained for a
				period of three years after the date of receipt after which these may be
				disposed of consistent with any records disposition standards adopted by the
				appropriate authority of the county.
O.C.G.A. Secs.
				  48-2-12,  48-5-2,  48-5-7.4,  48-5-7.5.
Compilation of Rules and Regulations of the State of Georgia › Department 560 - RULES OF DEPARTMENT OF REVENUE › Chapter 560-11 - LOCAL GOVERNMENT SERVICES DIVISION › Subject 560-11-5 - TAXATION OF STANDING TIMBER › Rule 560-11-5-.02 - Definitions

Current through Rules and Regulations filed through June 27, 2024
(1) For the purpose
				of implementing O.C.G.A. Section
				 48-5-7.5 and  these regulations, the following terms are defined to mean:
(a) "Applicable millage rates" shall mean the
				millage levied by the taxing authority on tangible property for the preceding
				calendar year.
(b) "Sale" of
				standing timber shall mean the arm's length, bona fide sale of standing timber
				for harvest separate and apart from the underlying land and shall not include
				the simultaneous sale of a tract of land and the standing timber
				thereon.
(c) "Standing timber"
				shall be defined to include softwood and hardwood pulpwood, chip and saw logs,
				saw timber, poles, posts, and fuel wood. Such term shall not include any of the
				following:
1. Orchard trees, ornamental or
				Christmas trees;
2. By-products of
				standing timber such as straw, cones, leaves or turpentine;
3. By-products of harvesting such as bark or
				stumps that are not included in the consideration between buyer and seller in
				lump sum or unit price sales; or
4.
				Fuel wood harvested by the owner from his own property which is used
				exclusively for heating purposes within the premises occupied by said
				owner.
(d) "Timber
				product classes" shall be defined as follows:
1) softwood pulpwood,
2) hardwood pulpwood,
3) softwood chip-n-saw,
4) softwood saw timber,
5) hardwood saw timber,
6) softwood poles,
7) softwood posts,
8) hardwood posts,
9) softwood fuel wood chips,
10) hardwood fuel wood chips,
11) softwood fuel wood firewoodand
12) hardwood fuel wood firewood.
(e) "Total property tax digest"
				means the total net assessed value to which the levy for maintenance and
				operations purposes shall be applied, and consists of all taxable tangible real
				and personal property appearing on the county tax digest for the applicable tax
				year including motor vehicle property, mobile home property and property of
				railroad and public utility companies.
Compilation of Rules and Regulations of the State of Georgia › Department 560 - RULES OF DEPARTMENT OF REVENUE › Chapter 560-11 - LOCAL GOVERNMENT SERVICES DIVISION › Subject 560-11-5 - TAXATION OF STANDING TIMBER › Rule 560-11-5-.03 - Taxable Timber Sales and Harvests

Current through Rules and Regulations filed through June 27, 2024
(1) Where standing timber is sold by timber
				deed, contract, lease, agreement, or otherwise to be harvested within a
				three-year period after the date of the sale and for a lump sum price, the
				standing timber to be harvested within said three-year period shall be assessed
				for taxation as of the date of the sale. The tax shall be levied based upon the
				total lump sum price paid by the purchaser in an arm's length bona fide sale.
(a) Ad valorem taxes shall be assessed as of
				the date of the sale and shall be payable by the seller who shall remit the
				amount of the taxes due to the purchaser in the form of a negotiable instrument
				payable to the tax collector or tax commissioner. The purchaser shall remit the
				seller's negotiable instrument to the tax collector or tax commissioner within
				five business days after receipt from the seller along with a report of the
				sale using form PT-283T or a computer generated form PT-283T as approved by the
				Commissioner, and the tax collector or tax commissioner shall promptly deliver
				a receipt to the seller showing the tax has been paid. The purchaser shall be
				personally liable for the tax if he does not remit the seller's negotiable
				instrument as required or if he fails to collect the negotiable instrument from
				the seller and in any event he shall remit the taxes due to the tax collector
				or tax commissioner within five business days of the date of the sale. With
				said remittance, a copy of the report form PT-283T or a computer generated form
				PT-283T as approved by the Commissioner, shall also be furnished by the
				purchaser to the board of tax assessors.
(b) Any standing timber described in any sale
				instrument which is not harvested within three years after the date of the sale
				shall later be assessed for taxation following its future harvest or sale. In
				the event it is later harvested by the original purchaser, the board of tax
				assessors shall use the table of values prescribed by the Commissioner in
				Regulation
				 560-11-5-.05(1), and the taxes shall be paid by the original purchaser; otherwise, upon its sale
				or harvest after three years, the procedures for taxation shall be according to
				the manner in which such timber is sold or harvested.
(c) The ad valorem taxes on lump sum sales
				shall be paid to the tax collector or tax commissioner prior to and as a
				prerequisite for the filing for record with the clerk of superior court any
				instrument conveying the standing timber upon which taxes are due and payable,
				and no such instrument shall be recorded unless it has entered upon or attached
				thereto a certificate from the tax collector or tax commissioner showing that
				the taxes have been paid.
Compilation of Rules and Regulations of the State of Georgia › Department 560 - RULES OF DEPARTMENT OF REVENUE › Chapter 560-11 - LOCAL GOVERNMENT SERVICES DIVISION › Subject 560-11-5 - TAXATION OF STANDING TIMBER › Rule 560-11-5-.04 - Procedures for Timber Taxation

Current through Rules and Regulations filed through June 27, 2024
(1) Standing timber shall be assessed for ad
				valorem taxation only once upon its sale or harvest as required by O.C.G.A.
				 48-5-7.5 and  these Regulations. Said tax shall be levied upon the 100% fair market value
				of such timber as prescribed using applicable millage rates for each taxing
				jurisdiction.
(2) Where, with
				respect to any taxable event, the board of tax assessors has reason to believe
				that the reported sale is other than an arm's length, bona fide sale or that
				the reported volumes or values of the transaction are incorrect, the board may
				inquire into the transaction and make corrections to the fair market value of
				the timber in the same manner as changes to the fair market value of other
				taxable, tangible property are made. In any such instance, the taxpayer
				notification procedures, the appeal rights and remedies, and the hearing
				procedures shall all be accomplished in the same manner that other ad valorem
				tax assessments and appeals are accomplished.
(3) The tax collector or tax commissioner
				shall prepare and mail, on a quarterly basis, tax bills for ad valorem taxes
				due on sales and harvests other than lump sum sales and owner harvests. Except
				as otherwise provided in these Regulations, such taxes shall be payable by the
				landowner within 30 days after receipt of the tax bill. For the purpose of this
				Regulation, receipt of the tax bill shall be presumed to have occurred within
				one day after the date of mailing for taxpayers who are residents of the county
				and within three days after the date of mailing for taxpayers who are not
				residents of the county.
O.C.G.A. Secs.
				  48-2-12,  48-5-7.4.
Compilation of Rules and Regulations of the State of Georgia › Department 560 - RULES OF DEPARTMENT OF REVENUE › Chapter 560-11 - LOCAL GOVERNMENT SERVICES DIVISION › Subject 560-11-5 - TAXATION OF STANDING TIMBER › Rule 560-11-5-.05 - Average Standing Timber Price Schedule

Current through Rules and Regulations filed through June 27, 2024
(1) Within 60 days after the end of each
				calendar year, the Commissioner shall provide the board of tax assessors of
				each county with a table of the weighted average prices paid for the various
				timber product classes in each county or region of the State. In preparing this
				table of standing timber values, the Commissioner, so far as is reasonable and
				applicable, shall consider reports received by the Department of prices paid,
				as well as information prepared by and recommendations received from the
				Georgia Forestry Commission. The Commissioner may also consider commercially
				available sources of average sales prices. The most recent table of standing
				timber values furnished by the Commissioner shall be used by the board of tax
				assessors to determine the fair market value of harvested timber subject to
				taxation for taxable events other than taxable lump sum sales or taxable unit
				price sales. Taxpayer appeals of such determinations by the board of tax
				assessors shall be made and decided in the same manner as other ad valorem tax
				assessment appeals are made and decided pursuant to O.C.G.A. Section
				 48-5-311.
(2) In addition to the filing with
				appropriate county authorities of reports of standing timber harvests and
				sales, purchasers shall, within 45 days after the end of the quarter, file with
				the Commissioner composite quarterly reports, using form PT-283TQ, of all
				purchases by county of standing timber by lump sum sales and unit price sales
				reflecting total volumes and total prices paid for the various timber product
				classes purchased during the preceding calendar quarter. Such quarterly reports
				shall not be subject to the penalty provisions of O.C.G.A. Section
				 48-5-7.5.
				Such quarterly reports shall be subject to the confidentiality provisions of
				O.C.G.A. Section
				 48-2-15.
Ga. L. 1937-38, Ex.
				 Sess. p. 77 (Ga. Code Sec.
				  48-2-12);
				 Ga. L. 1991, p. 1903 (Ga. Code Sec.
				  48-5-7.4).
Compilation of Rules and Regulations of the State of Georgia › Department 560 - RULES OF DEPARTMENT OF REVENUE › Chapter 560-11 - LOCAL GOVERNMENT SERVICES DIVISION › Subject 560-11-5 - TAXATION OF STANDING TIMBER › Rule 560-11-5-.06 - County Digest Timber Supplement

Current through Rules and Regulations filed through June 27, 2024
Where the total property tax digest for any county for tax
				 years 1992 through 1995 is so affected by the new method of ad valorem taxation
				 of standing timber that a supplement to the digest is authorized by O.C.G.A.
				 Section
				  48-5-7.5, the supplemental assessment shall be assessed and taxes shall be levied against
				 the land underlying the standing timber so removed from the digest. The
				 supplemental assessment shall be assessed against each such property in a pro
				 rata manner based upon the value of standing timber on each such property that
				 was removed from the digest.
Ga. L. 1937-38, Ex.
				 Sess. p. 77 (Ga. Code Sec.
				  48-2-12);
				 Ga. L. 1991, p. 1903 (Ga. Code Sec.
				  48-5-7.4).
Compilation of Rules and Regulations of the State of Georgia › Department 560 - RULES OF DEPARTMENT OF REVENUE › Chapter 560-11 - LOCAL GOVERNMENT SERVICES DIVISION › Subject 560-11-6 - CONSERVATION USE PROPERTY › Rule 560-11-6-.01 - Application of Chapter

Current through Rules and Regulations filed through June 27, 2024
Regulations in this Chapter apply to the current use
				 valuation of property provided for in Georgia Code 48-5-7.4.
O.C.G.A. §§
										48-2-12,  48-5-7,  48-5-7.4,  48-5-269.
Compilation of Rules and Regulations of the State of Georgia › Department 560 - RULES OF DEPARTMENT OF REVENUE › Chapter 560-11 - LOCAL GOVERNMENT SERVICES DIVISION › Subject 560-11-6 - CONSERVATION USE PROPERTY › Rule 560-11-6-.02 - Definitions

Current through Rules and Regulations filed through June 27, 2024
For the purposes of implementing O.C.G.A. Section
				  48-5-7.4, O.C.G.A. Section
				  48-5-269 and  these Regulations, the following terms are defined to mean:
(a) "Beneficial interest," in addition to
				legal ownership or control, means the right to derive any profit, benefit, or
				advantage by way of a contract, stock ownership or interest in an
				estate;
(b) "Contiguous" means real
				property within a county that abuts, joins, or touches and has the same
				undivided common ownership. If an applicant's tract is divided by a public
				roadway, public easement, public right of way, natural boundary, land lot line,
				or railroad track, then the applicant has, at the time of the initial
				application, a one-time election 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.
(c) "Continued Covenant" means a covenant
				entered and carried forward, for the remainder of the original or renewal
				covenant term, by a qualified subsequent owner who has acquired all or a part
				of a property;
(d) "Good Faith
				Production" means:
1.A viable utilization of
				the property for the primary purpose of any good faith production, including,
				but not limited to, subsistence farming or commercial production, from or on
				the land of agricultural products or timber;
2.The primary use of the property shall
				include, but not be limited to:
(i) Raising,
				harvesting, or storing crops;
(ii)
				Feeding, breeding, or managing livestock or poultry;
(iii) Producing plants, trees, fowl, or
				animals;
(iv) Production of
				aquaculture, horticulture, floriculture, forestry, dairy, livestock, poultry,
				or apiarian products; or
(v) Land
				conservation and ecological forest management in which commercial production of
				wood and wood fiber products may be undertaken primarily for conservation and
				restoration purposes rather than financial gain.
3.Factors which may be considered in
				determining if such property is primarily used for good faith production of
				agricultural products or timber may include, but are not limited to:
(i) The nature of the terrain;
(ii) the density of the marketable product on
				the land;
(iii) the past usage of
				the land;
(iv) the economic
				merchantability of the agricultural product; and
(v) the utilization or non-utilization of
				recognized care, cultivation, harvesting, and like practices applicable to the
				product involved and any implemented plans thereof;
Compilation of Rules and Regulations of the State of Georgia › Department 560 - RULES OF DEPARTMENT OF REVENUE › Chapter 560-11 - LOCAL GOVERNMENT SERVICES DIVISION › Subject 560-11-6 - CONSERVATION USE PROPERTY › Rule 560-11-6-.03 - Qualification Requirements

Current through Rules and Regulations filed through June 27, 2024
In addition to those requirements of O.C.G.A.
				  48-5-7.4, the following qualification requirements shall apply:
(a) Property that otherwise qualifies for
				current use valuation as bona fide agricultural property shall exclude the
				entire value of any residence and its 'underlying property'. This provision for
				excluding the 'underlying property' of a residence from eligibility in the
				conservation use covenant shall only apply to property that is first made
				subject to a covenant or is subject to the renewal of a previous covenant.
				Additionally, the taxpayer shall provide any one of the following types of
				legal descriptions regarding such 'underlying property':
1. A plat of the 'underlying property'
				prepared by a licensed land surveyor, showing the location and measured area of
				the 'underlying property' in question;
2. A written legal description of the
				'underlying property' delineating the legal metes and bounds and measured area
				of the 'underlying property' in question; or
3. Such other alternative property boundary
				description as mutually agreed upon by the taxpayer and county assessor. An
				acceptable alternative property boundary description may include a parcel map
				drawn by the county cartographer or GIS technician.
Compilation of Rules and Regulations of the State of Georgia › Department 560 - RULES OF DEPARTMENT OF REVENUE › Chapter 560-11 - LOCAL GOVERNMENT SERVICES DIVISION › Subject 560-11-6 - CONSERVATION USE PROPERTY › Rule 560-11-6-.05 - Change of Qualifying Use

Current through Rules and Regulations filed through June 27, 2024
(1) During the covenant period the owner may
				change, without penalty, the use of the property from one qualifying use to
				another qualifying use, such as from timber land to agricultural land, but such
				owner shall be required to give notice of any such change to the board of tax
				assessors on or before the last day for the filing of a tax return in the
				county for the tax year for which the change is sought. Failure to so notify
				the board of tax assessors of the change in use may constitute a breach of
				covenant effective upon the date of discovery of the breach.
(2) When the qualifying use of property
				receiving current use assessment and subject to a conservation use covenant is
				changed to another qualifying use and the owner fails to notify the board of
				tax assessors on or before the deadline for filing tax returns in the year
				following the year in which the change in use occurred, such failure may be
				taken by the board of tax assessors as evidence that a breach of the covenant
				has occurred. In such event the board of tax assessors shall send to the owner
				a notice of the board's intent to assess a penalty for the breach of the
				covenant. The notice shall be entitled "Notice of Intent to Assess Penalty for
				Breach of a Conservation Use Covenant" and shall set forth the following
				information:
(a) the requirement of the owner
				of the property currently receiving current use assessment to notify the board
				of tax assessors of the current qualifying use of the property within thirty
				(30) days of the date of postmark of the notice;
(b) the requirement of the new owner of the
				property currently receiving current use assessment to continuously devote the
				property to an applicable bona fide qualifying use for the duration of the
				covenant;
(c) the change to the
				assessment if the covenant is breached; and
(d) the amount of penalty if the covenant is
				breached.
Compilation of Rules and Regulations of the State of Georgia › Department 560 - RULES OF DEPARTMENT OF REVENUE › Chapter 560-11 - LOCAL GOVERNMENT SERVICES DIVISION › Subject 560-11-6 - CONSERVATION USE PROPERTY › Rule 560-11-6-.06 - Breach of Covenant

Current through Rules and Regulations filed through June 27, 2024
(1)
				If a breach of covenant occurs during a tax year but before the tax rate is
				established for that year, the penalty for that partially completed year shall
				be calculated based upon the tax rate in effect for the immediately preceding
				tax year. However, the tax due for the partially completed year shall be the
				same as would have been due absent a breach.
(2) If a breach occurs on all or part of the
				property that was the subject of an original covenant and was transferred in
				accordance with O.C.G.A. §
									48-5-7.4(i), then the breach shall be deemed to have occurred on all of the property that
				was the subject of the original covenant. The penalty shall be assessed pro
				rata against each of the parties to the covenant in proportion to the tax
				benefit enjoyed by each during the life of the original covenant.
(3) The breach shall be deemed to occur upon
				the occasion of any event which would otherwise disqualify the property from
				receiving the benefit of current use valuation. The lien against the property
				for penalties and interest shall attach as of the date of such disqualifying
				event.
(4) If a covenant is
				breached by the original covenantor or a transferee who is related to the
				original covenantor within the fourth degree of civil reckoning, and where such
				breach occurs during the sixth through tenth years of a renewal covenant, the
				penalty imposed shall be the amount by which current use assessment has reduced
				taxes otherwise due for each year in which such renewal covenant was in effect,
				plus interest at the rate specified in O.C.G.A. §
									48-2-40 from the date the covenant was breached.
(5) Before a penalty is assessed, notice
				shall be provided to the taxpayer by the board of tax assessors that the
				covenant has been breached. This notice shall include the specific grounds of
				the breach, provide to the taxpayer notice to cease and desist the alleged
				breach activity, and notify the taxpayer that they have thirty (30) days to
				correct the breach.
(6) If the
				board of tax assessors determines that a breach has occurred and the taxpayer
				has not corrected the situation within the time limit specified, the taxpayer
				has the right to appeal the determination of the breach to the board of
				equalization as provided in O.C.G.A. §
									48-5-311.
O.C.G.A. §§
										48-2-12,  48-2-40,  48-5-7.4,  48-5-269.
Compilation of Rules and Regulations of the State of Georgia › Department 560 - RULES OF DEPARTMENT OF REVENUE › Chapter 560-11 - LOCAL GOVERNMENT SERVICES DIVISION › Subject 560-11-6 - CONSERVATION USE PROPERTY › Rule 560-11-6-.07 - Valuation of Qualified Property

Current through Rules and Regulations filed through June 27, 2024
Annually, and in accordance with the provisions and
				 requirements of O.C.G.A.
				  48-5-269, the Commissioner shall propose and promulgate by regulation as specified by the
				 Georgia Administrative Procedure Act, tables and standards of value for current
				 use valuation of properties whose qualifying use is as bona fide conservation
				 use properties. Once adopted by the Commissioner, these tables and standards of
				 value shall be published and otherwise furnished to the boards of tax assessors
				 and shall serve as the basis upon which current use valuation of such qualified
				 properties shall be calculated for the applicable tax year.
(a) Conservation use land shall be divided
				into two use groups consisting of nine soil productivity classes each. These
				two use groups shall be agricultural land (crop land and pasture land) and
				timber land. The Commissioner shall determine the appropriate soil
				characteristics or site index factors for each of these eighteen soil
				productivity classes for use as a guide for the assessors. In those counties
				where the Soil Conservation Service of the U.S. Department of Agriculture has
				classified the soil according to its productivity, the Commissioner shall
				instead prepare and publish a table converting the Soil Conservation Service's
				codes into the eighteen soil productivity classes.
(b) The state shall be divided into the
				following areas for the purpose of accumulating the income and market
				information necessary to determine conservation use values:
1. For the purpose of determining the income
				of crop land and pasture land, the state shall be divided into an appropriate
				grouping of the nine crop-reporting districts as delineated by the Georgia
				Agricultural Statistical Service and which shall be referred to as agricultural
				districts;
2. For the purpose of
				determining the income of timber land, the agricultural districts shall be
				combined into timber zones as follows: agricultural districts #1, #2 and #3
				shall compose timber zone #1, agricultural districts #4, #5 and #6 shall
				compose timber zone #2, and agricultural districts #7, #8 and #9 shall compose
				timber zone #3;
3. For the purpose
				of determining the market value of agricultural land and timber land, the state
				shall be divided into an appropriate grouping of the nine crop-reporting
				districts as delineated by the Georgia Agricultural Statistical Service. Such
				areas shall be referred to as market regions.
Compilation of Rules and Regulations of the State of Georgia › Department 560 - RULES OF DEPARTMENT OF REVENUE › Chapter 560-11 - LOCAL GOVERNMENT SERVICES DIVISION › Subject 560-11-6 - CONSERVATION USE PROPERTY › Rule 560-11-6-.08 - Appeals

Current through Rules and Regulations filed through June 27, 2024
(1) Applications
				for current use valuation as conservation use property or residential
				transitional property provided by O.C.G.A. Section
				 48-5-7.4 shall be approved or denied by the county board of tax assessors. If the
				application is denied, the board of tax assessors shall notify the applicant in
				the same manner that notices of assessment are given pursuant to O.C.G.A.
				Section
				 48-5-306.
				Such notice shall include the following simple non-technical assessment reason
				in bold font "
CONSERVATION USE COVENANT APPLICATION DENIED."
Appeals from the denial of an application shall be made in the same
				manner, according to the same time requirements, and decided in the same manner
				that other ad valorem tax assessment appeals are made pursuant to O.C.G.A.
				Section
				 48-5-311.
(2) For the first year of the covenant period
				the taxpayer shall be notified by the board of assessors of the current use
				valuation placed on the property for that year. Appeals shall be made and
				decided in the same manner as other ad valorem tax assessment appeals are made
				and decided pursuant to O.C.G.A. Section
				 48-5-311.
(3) During the covenant period the taxpayer
				shall be given notification of any change in the current use valuation made by
				the board of tax assessors for the then current tax year. Appeals shall be made
				and decided in the same manner as other ad valorem tax assessment appeals are
				made and decided pursuant to O.C.G.A. Section
				 48-5-311.
(4) Appeals regarding the current use
				valuation of conservation use property under paragraphs (2) and (3) of this
				regulation may be made contesting the board of tax assessor's initial
				determination or subsequent change of the qualifying use of the property, the
				soil classification of any part or all of the qualified property, the valuation
				of any qualified improvements, the assessment ratio utilized with regard to the
				qualified property; as well as with regard to any alleged errors that may have
				been made by the assessors in the application of the tables and standards of
				value prescribed by the Commissioner. An appeal, however, may not be made to
				the local board of tax assessors concerning the tables or standards of value
				prescribed by the Commissioner pursuant to Regulation
				 560-11-6-.09.
(5) The tax assessors shall continue to
				notify the taxpayer of any changes to the fair market value of the covenanted
				property, and such notice shall conform to the provisions of O.C.G.A. Section
				 48-5-306.
				A taxpayer desiring to appeal such changes shall do so in the same manner as
				other assessment appeals are made pursuant to O.C.G.A. Section
				 48-5-311.
O.C.G.A. §§
										48-2-12,  48-5-7.4,  48-5-269,  48-5-306,  48-5-311.
Compilation of Rules and Regulations of the State of Georgia › Department 560 - RULES OF DEPARTMENT OF REVENUE › Chapter 560-11 - LOCAL GOVERNMENT SERVICES DIVISION › Subject 560-11-7 - MOTOR VEHICLE VALUE APPORTIONMENT › Rule 560-11-7-.01 - Purpose of Regulations

Current through Rules and Regulations filed through June 27, 2024
(1) These regulations have been adopted by
				the Commissioner pursuant to O.C.G.A. Section
				 48-2-12 in order to promulgate specific policies and procedures of the Department
				applicable to the administration and collection of ad valorem tax on motor
				vehicles pursuant to O.C.G.A. Section
				 48-5-471 when such motor vehicles are engaged in interstate commerce and subject to
				apportionment.
(2) This regulation
				shall apply to all motor vehicles subject to ad valorem taxation for the
				calendar year beginning January 1, 1995.
O.C.G.A. Secs.
				  48-5-442- 48-5-445, 48-5-450, 48-5-471.
Compilation of Rules and Regulations of the State of Georgia › Department 560 - RULES OF DEPARTMENT OF REVENUE › Chapter 560-11 - LOCAL GOVERNMENT SERVICES DIVISION › Subject 560-11-7 - MOTOR VEHICLE VALUE APPORTIONMENT › Rule 560-11-7-.02 - Forms

Current through Rules and Regulations filed through June 27, 2024
The Commissioner shall prepare and furnish a form, herewith
				 adopted and designated as PT-95, to be used by all persons seeking
				 apportionment of ad valorem assessments on motor vehicles and trollers used in
				 interstate commerce under this regulation.
O.C.G.A. Secs.
				  48-2-12,  48-5-269,  48-5-442- 48-5-445, 48-5-471.
Compilation of Rules and Regulations of the State of Georgia › Department 560 - RULES OF DEPARTMENT OF REVENUE › Chapter 560-11 - LOCAL GOVERNMENT SERVICES DIVISION › Subject 560-11-7 - MOTOR VEHICLE VALUE APPORTIONMENT › Rule 560-11-7-.03 - When Apportionment Permitted

Current through Rules and Regulations filed through June 27, 2024
(1) Motor vehicles and trollers subject to ad
				valorem tax under O.C.G.A. Section
				 48-5-471 may acquire an ad valorem tax situs in states other than Georgia if, pursuant
				to their use in interstate commerce, such motor vehicles and trollers are used
				throughout the previous calendar year either along fixed or regular routes or,
				alternatively, are habitually employed within a non-domiciliary state, albeit
				upon irregular routes.
(2) Upon a
				proper showing of such circumstances to the tax authorities for the county
				where such property is returnable by law, the Georgia fair market value
				assessed upon such vehicle shall be the value otherwise assessed, multiplied by
				the "apportionment ratio" set forth in Regulation  560-11-7-.03(3).
(3) The "apportionment ratio" for a
				particular tax year shall be equal to one (1) minus the ratio of the total
				miles driven or traversed during the previous calendar year in those states
				other than Georgia in which the motor vehicle or trailer, as of January 1 of
				the tax year in question, has acquired an ad valorem tax sinus, to the total
				miles driven or traversed in all states during the previous calendar year. The
				tax commissioner may use accumulated mileage of the tax payer's fleet of those
				vehicles based in Georgia on January 1 of the tax year in question as opposed
				to individual vehicle mileage to determine the apportionment ratio if the fleet
				mileage is deemed to fairly and reasonably indicate the correct situs of the
				value to be apportioned for the specific vehicle being registered in the
				county.
(4) For purposes of this
				regulation,"state" means any state of the United States, the District of
				Columbia, the Commonwealth of Puerto Rico, any territory or possession of the
				United States and any political subdivision of the foregoing
				jurisdictions.
O.C.G.A. Secs.
				 48-5442-48-5-445,
				  48-5-471.
Compilation of Rules and Regulations of the State of Georgia › Department 560 - RULES OF DEPARTMENT OF REVENUE › Chapter 560-11 - LOCAL GOVERNMENT SERVICES DIVISION › Subject 560-11-7 - MOTOR VEHICLE VALUE APPORTIONMENT › Rule 560-11-7-.04 - Procedures

Current through Rules and Regulations filed through June 27, 2024
(1) Any owner
				seeking apportionment of ad valorem assessments on motor vehicles and trollers
				used in interstate commerce shall file form PT-95 with the tax commissioner at
				the time the motor vehicle registration form is submitted.
(2) The tax commissioner shall require the
				owner seeking apportionment of ad valorem assessments on motor vehicles and
				trollers to properly complete the form PT-95 which will serve as an affidavit
				of the correctness of the information. Additionally, the tax commissioner may
				require accompanying documentation sufficient to demonstrate that the owner's
				motor vehicles or trollers have acquired a tax situs in another state. Examples
				of such documentation may include the following:
(a) Evidence of individual or fleet vehicle
				mileage records such as those submitted to the Department of Revenue for
				apportionment of registration fees under the International Registration Plan
				(IRP);
(b) Evidence that ad valorem
				taxes were paid to another state with respect to such vehicle if such state
				imposes an ad valorem tax;
(c)
				Evidence that highway use or motor fuel taxes were paid to another state with
				respect to such vehicle;
(d)
				Evidence that registration fees (apportioned or unapportioned) were paid to
				another state.
Compilation of Rules and Regulations of the State of Georgia › Department 560 - RULES OF DEPARTMENT OF REVENUE › Chapter 560-11 - LOCAL GOVERNMENT SERVICES DIVISION › Subject 560-11-7 - MOTOR VEHICLE VALUE APPORTIONMENT › Rule 560-11-7-.05 - Appeals

Current through Rules and Regulations filed through June 27, 2024
(1) Any owner who
				contests the apportionment decision of the tax commissioner made pursuant to
				Regulation
				 560-11-7-.04(3)  may appeal such decision by either filing with the tax commissioner an
				affidavit of illegality as outlined in Regulation  560-11-7-.05(2)  or filing an
				appeal with the board of tax assessors as outlined in Regulation
				 560-11-7-.05(3).
(2) The motor
				vehicle license plate may be obtained without payment of the ad valorem tax, as
				outlined in O.C.G.A. Section
				 48-5-450, by filing with the tax commissioner an affidavit of illegality to the
				assessment; and filing either
1) a surety
				bond issued by a State authorized surety company or
2) a bond approved by the clerk of superior
				court of the county or
3) a cash
				bond.
(a) The bond shall be in the amount
				equal to the tax and any penalties and interest which may be found to be
				due.
(b) The bond shall be made
				payable to the tax commissioner.
(c) The affidavit and bond are to be
				transferred by the tax commissioner immediately to the superior court to be
				tried as affidavits of illegality are tried in tax cases.
Compilation of Rules and Regulations of the State of Georgia › Department 560 - RULES OF DEPARTMENT OF REVENUE › Chapter 560-11 - LOCAL GOVERNMENT SERVICES DIVISION › Subject 560-11-7 - MOTOR VEHICLE VALUE APPORTIONMENT › Rule 560-11-7-.06 - Distribution of Alternative Ad Valorem Tax on Apportionable Vehicles

Current through Rules and Regulations filed through June 27, 2024
(1) The
				commissioner shall annually distribute the alternative ad valorem tax on
				apportionable vehicles as provided by Code Section
				 40-2-152 from the separate, segregated fund as soon as is reasonably practicable,
				subject to the following deadlines:
(a) For
				distribution year 2015, not later than August 1, 2015;
(b) For distribution years 2016, 2017, 2018,
				and 2019, no later than April 1 of the calendar year immediately following the
				calendar year in which such taxes were paid to the commissioner; and
(c) For distribution years 2020 and
				thereafter, no later than August 1 of the calendar year immediately following
				the calendar year in which such taxes were paid to the commissioner.
Compilation of Rules and Regulations of the State of Georgia › Department 560 - RULES OF DEPARTMENT OF REVENUE › Chapter 560-11 - LOCAL GOVERNMENT SERVICES DIVISION › Subject 560-11-8 - INTANGIBLE RECORDING TAX › Rule 560-11-8-.01 - Purpose of Regulations

Current through Rules and Regulations filed through June 27, 2024
These regulations have been adopted by the Commissioner
				 pursuant to O.C.G.A. Section 48-212 in order to promulgate specific policies
				 and procedures of the Department applicable to the administration and
				 collection of intangible recording tax pursuant to O.C.G.A. Section
				  48-6-60.
				 These regulations are administrative regulations applicable to a class of
				 instruments within the meaning of O.C.G.A. Section
				  48-6-71 and, as contemplated by such section, shall constitute a determination of the
				 Commissioner with respect to each such class of instruments described herein
				 and may be relied upon as such.
O.C.G.A. Secs.
				  48-2-12, 48-6-60-48-6-77.
Compilation of Rules and Regulations of the State of Georgia › Department 560 - RULES OF DEPARTMENT OF REVENUE › Chapter 560-11 - LOCAL GOVERNMENT SERVICES DIVISION › Subject 560-11-8 - INTANGIBLE RECORDING TAX › Rule 560-11-8-.02 - Tax Payment and Rate

Current through Rules and Regulations filed through June 27, 2024
An intangible recording tax is due and payable on each
				 instrument securing one or more long-term notes at the rate of $1.50 per each
				 $500.00 or fraction thereof of the face amount of all notes secured thereby in
				 accordance with O.C.G.A. Section
				  48-6-61 and  these regulations. This tax is assessed on the security instrument securing
				 one or more long-term notes secured by real property, to be paid upon the
				 recording thereof, and must be paid within 90 days from the date of the
				 instrument executed to secure the note or notes. The maximum tax on a single
				 security instrument is $25,000.
O.C.G.A. Secs.
				  48-2-12,  48-6.61.
Compilation of Rules and Regulations of the State of Georgia › Department 560 - RULES OF DEPARTMENT OF REVENUE › Chapter 560-11 - LOCAL GOVERNMENT SERVICES DIVISION › Subject 560-11-8 - INTANGIBLE RECORDING TAX › Rule 560-11-8-.03 - Definitions

Current through Rules and Regulations filed through June 27, 2024
(1) "Collecting
				officer" means the tax collector or tax commissioner of the county; provided,
				however, that in each county of this state having a population of 50,000 or
				more according to the United States Decennial Census of 1990 or any future such
				census, collecting officer means the Clerk of Superior Court 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"
				shall mean any note representing credits secured by real estate by means of
				mortgages, deed 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"
				shall mean 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.
(a) A short-term
				note is reported as of January 1 of each year, as intangible personal property
				on Form PL-159 and taxed at the rate of 10 cents per thousand.
(b) A short-term note remains classified as
				short-term according to its terms, as long as it remains outstanding, although
				the indulgence of the creditor allows it to extend beyond a three year
				period.
(c) A renewal note in
				payment of an existing short-term note is to be classified according to its own
				terms as to whether it is short-term or long-term.
(d) A short-term note, with option to renew
				or extend by the borrower, where any part of the principal or interest of the
				note
becomes due or may become due
more than three years from
				execution is classified as long-term.
(e) A "bona fide demand note" is always a
				short-term note according to its terms; provided however, that a note
				denominated as a "demand" note where the maturity date as determined from the
				instrument extends or may extend beyond three years, is nevertheless a
				long-term note. For purposes of this regulation, a "bona fide demand note" is a
				note payable unconditionally on demand whose maturity date is not determined by
				any contingency other than the demand of the holder.
(f) A note which matures the same month and
				date as executed only three (3) years later, is a short-term note.