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 560-11-2 - SUBSTANTIVE REGULATIONS › Rule 560-11-2-.57 - Homeowner Tax Relief Grants

Current through Rules and Regulations filed through June 27, 2024
(1) For the purposes of implementing Chapter
				89 of Title 36 of the Official Code of Georgia Annotated and this Rule, the
				following terms are defined to mean:
(a)
				"Applicable rollbacks" means a rollback of an ad valorem tax millage rate
				pursuant to O.C.G.A. §
										48-8-91(a) 
				 in a county or municipality that levies a local option sales tax, a rollback of
				an ad valorem tax millage rate pursuant to O.C.G.A. §
										36-70-24, a subtraction from an ad valorem millage rate pursuant to O.C.G.A. §
										20-2-334 in a local school system that receives a state school tax credit, and a
				reduction of an ad valorem tax millage rate pursuant to O.C.G.A. §
										33-8-8.3(a)(2) 
				 in a county that collects insurance premium tax.
(b) "Constitutional homestead exemption"
				means all statewide homestead exemptions and all local homestead exemptions
				that are authorized in or pursuant to the Constitution of the State of
				Georgia.
(c) "County millage rate"
				means the net ad valorem tax millage rate, after deducting applicable
				rollbacks, levied by a county for county maintenance and operations purposes
				and applying to a qualified homestead, but shall not include any ad valorem tax
				millage rate levied for purposes of bonded indebtedness or any ad valorem tax
				millage rate levied within a special tax district that was not created or
				reported on the 2004 ad valorem tax digest certified to and received by the
				State Revenue Commissioner on or before December 31, 2004.
(d) "Current year's tax digest" means the
				roll of tangible properties within a county, including the qualified
				homesteads, that are made subject to ad valorem taxation during the calendar
				year that ends within the fiscal year for which the General Assembly
				appropriates a homeowner tax relief grant.
(e) "Eligible assessed value" means the
				amount of the assessed value of a qualified homestead that the General Assembly
				may fix in the General Appropriations Act to serve as the basis for determining
				the portion of the homeowner tax relief grant that is due each owner of a
				qualified homestead appearing on each county's current year's tax
				digest.
(f) "Homeowner tax relief
				credit" means the amount applied to reduce the otherwise applicable tax
				liability on a qualified homestead on a dollar-for-dollar basis, but shall not
				in any case exceed the amount of the otherwise applicable tax liability on a
				qualified homestead after the granting of all applicable constitutional
				homestead exemptions and millage rollbacks.
(g) "Local billing authority" means the
				county tax commissioner when the taxes that are eligible for the homeowner tax
				relief credit are collected by such tax commissioner. Local billing authority
				means the municipal fiscal authority when the taxes that are eligible for the
				homeowner tax relief credit are collected by such municipal fiscal
				authority.
(h) "Maximum eligible
				credit" means the homeowner tax relief credit amount that results when the
				eligible assessed value of a qualified homestead is multiplied times the
				applicable state, county, and school millage rates.
(i) "Municipal fiscal authority" means the
				person authorized to collect taxes for a local independent school system. This
				would be the county tax commissioner in a county that has contracted with a
				local independent school system to collect taxes, otherwise it is a person
				authorized by a local independent school system to collect taxes on behalf of
				such system.
(j) "Municipal millage
				rate" means the net ad valorem tax millage rate, after deducting applicable
				rollbacks, levied by a municipality for maintenance and operations purposes and
				applying to a qualified homestead, but shall not include any ad valorem tax
				millage rate levied for purposes of bonded indebtedness or any ad valorem tax
				millage rate levied within a special tax district that was not created or
				reported on the 2004 ad valorem tax digest certified to and received by the
				State Revenue Commissioner on or before December 31, 2004.
(k) "Prior year's tax digest" means the roll
				of tangible properties within a county, including the qualified homesteads,
				that were made subject to ad valorem taxation during any calendar year that
				precedes the calendar year to which the current year's tax digest
				applies.
(l) "Qualified homestead"
				means a homestead qualified for the state $2,000 homestead exemption authorized
				in O.C.G.A. §
										48-5-44, and actually receiving such exemption or any other increased state homestead
				exemption authorized in Part 1 of Article 2 of Chapter 5 of Title 48 of the
				Official Code of Georgia Annotated.
(m) "School millage rate" means the net ad
				valorem tax millage rate, after deducting applicable rollbacks, levied by or on
				behalf of a local school system for school maintenance and operations purposes
				and applying to a qualified homestead. School millage rate shall not include
				any ad valorem tax millage rate levied for purposes of bonded indebtedness or,
				in the case of local independent school systems, the school millage rate shall
				not include any millage rate levied by the municipality for purposes other than
				the maintenance and operation of such independent school system.
(n) "State millage rate" means the ad valorem
				tax millage rate levied annually by the Governor with the assistance of the
				State Revenue Commissioner pursuant to O.C.G.A. §
										48-5-8.