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HB 489 - Ad valorem tax; notice of assess- ments; information and disclosures

Stephens, Ron (150th)	Tolbert, Scott (25th)	Day, Burke (153rd)

Status Summary	HC:	W&M	SC:		FR:	02/05/99	LA:	02/08/99	H - Read 2nd Time

First Reader Summary

A BILL to amend Code Section 48-5-306 of the Official Code of Georgia Annotated, relating to notice of changes made to a taxpayer's ad valorem tax return, so as to provide for alternate methods of providing notice of assessments; to provide for additional information and disclosures which must be provided to the taxpayer; and for other purposes.

HB 489                                             LC 24 1326 
 
 
 
 
 
 
                        A BILL TO BE ENTITLED 
                               AN ACT 
 
 
  1- 1  To amend Code Section 48-5-306 of the Official Code of 
  1- 2  Georgia Annotated, relating to notice of changes made to a 
  1- 3  taxpayer's ad valorem tax return, so as to provide for 
  1- 4  alternate methods of providing notice of assessments; to 
  1- 5  provide for additional information and disclosures which 
  1- 6  must be provided to the taxpayer; to provide an effective 
  1- 7  date; to provide for applicability; to repeal conflicting 
  1- 8  laws; and for other purposes. 
 
  1- 9       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
  1-10                           SECTION 1. 
 
  1-11  Code Section 48-5-306 of the Official Code of Georgia 
  1-12  Annotated, relating to notice of changes made to a 
  1-13  taxpayer's ad valorem tax return, is amended by striking 
  1-14  subsections (a) and (b) and inserting in their place new 
  1-15  subsections (a) and (b) to read as follows: 
 
  1-16    "(a) Method of giving notice to taxpayer of changes made 
  1-17    in his or her return. Each county board of tax assessors 
  1-18    may meet at any time to receive and inspect the tax 
  1-19    returns to be laid before it by the tax receiver or tax 
  1-20    commissioner. The board shall examine all the returns of 
  1-21    both real and personal property of each taxpayer and if in 
  1-22    the opinion of the board any taxpayer has omitted from his 
  1-23    or her returns any property that should be returned or has 
  1-24    failed to return any of his or her property at its fair 
  1-25    market value, the board shall correct the returns, assess 
  1-26    and fix the fair market value to be placed on the 
  1-27    property, make a note of such assessment and valuation, 
  1-28    and attach the note to the returns. The board shall see 
  1-29    that all taxable property within the county is assessed 
  1-30    and returned at its fair market value and that fair market 
  1-31    values as between the individual taxpayers are fairly and 
  1-32    justly equalized so that each taxpayer shall pay as nearly 
  1-33    as possible only his or her proportionate share of taxes. 
  1-34    When any such corrections, changes, or equalizations have 
  1-35    been made by the board, the board shall, within five days, 
 
 
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  2- 1    give written notice to the taxpayer of any changes made in 
  2- 2    his or her returns. The notice may be given personally by 
  2- 3    leaving the notice at the taxpayer's dwelling house, usual 
  2- 4    place of abode, or place of business with some person of 
  2- 5    suitable age and discretion residing or employed in the 
  2- 6    house, abode, or business, or by sending the notice 
  2- 7    through the United States mail as first-class certified 
  2- 8    mail, return receipt requested to the taxpayer's last 
  2- 9    known address. A county may use first-class mail in lieu 
  2-10    of certified mail if it publishes in the legal organ of 
  2-11    the county an advertisement containing a notice stating 
  2-12    that assessments will be mailed to property owners and 
  2-13    that taxpayers who have not received an assessment should 
  2-14    contact the county board of tax assessors.  When notice is 
  2-15    given by mail, the county board of tax assessors' return 
  2-16    address shall appear in the upper left corner of the 
  2-17    mailing face with the direction that if not delivered 
  2-18    'Return in five days to' the above return address, and the 
  2-19    lower left corner of the mailing face shall be clearly 
  2-20    marked in bold type -- 'OFFICIAL TAX MATTER.' 
 
  2-21    (b) Contents of notice. 
 
  2-22      (1) The notice required to be given by the county board 
  2-23      of tax assessors under subsection (a) of this Code 
  2-24      section shall be dated and shall contain the name and 
  2-25      last known address of the taxpayer.  If the assessment 
  2-26      of the value of the taxpayer's property is changed, the 
  2-27      notice shall contain: the 
 
  2-28        (A) The amount of the previous assessment; , the 
 
  2-29        (B) The amount of the current assessment; , and the 
 
  2-30        (C) The year for which the new assessment is 
  2-31        applicable.;  In all cases, the notice shall contain a 
 
  2-32        (D) A brief description of the assessed property 
  2-33        broken down into real and personal property 
  2-34        classifications; , the 
 
  2-35        (E) The fair market value of property of the taxpayer 
  2-36        subject to taxation, and the assessed value of the 
  2-37        taxpayer's property subject to taxation after being 
  2-38        reduced; 
 
  2-39        (F) An estimate of the total tax bill of the taxpayer 
  2-40        based upon the changed value; and 
 
 
 
 
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  3- 1        (G) A complete list of all exemptions available for 
  3- 2        the property and a notation beside those exemptions 
  3- 3        which have been claimed for the property. 
 
  3- 4      (2) In addition to the foregoing items required under 
  3- 5      paragraph (1) of this subsection, the notice shall 
  3- 6      contain a statement of the taxpayer's right to an 
  3- 7      appeal, which statement shall be in substantially the 
  3- 8      following form: 
 
  3- 9        'The amount of your ad valorem tax bill for this year 
  3-10        will be based on the appraised and assessed values 
  3-11        specified in this notice.  You have the right to 
  3-12        appeal these values to the county board of tax 
  3-13        assessors either followed by an appeal to the county 
  3-14        board of equalization or to arbitration and in either 
  3-15        case, to appeal to the superior court. 
 
  3-16        If you wish to file an appeal, you must do so in 
  3-17        writing no later than 30 days after the date of this 
  3-18        notice.  If you do not file an appeal by this date, 
  3-19        your right to file an appeal will be lost.  For 
  3-20        further information on the proper method for filing an 
  3-21        appeal, you may contact the county board of tax 
  3-22        assessors which is located at: (insert address) and 
  3-23        which may be contacted by telephone at: (insert 
  3-24        telephone number).'" 
 
  3-25                           SECTION 2. 
 
  3-26  This Act shall become effective on January 1, 2000, and 
  3-27  shall be applicable to all taxable years beginning on or 
  3-28  after that date. 
 
  3-29                           SECTION 3. 
 
  3-30  All laws and parts of laws in conflict with this Act are 
  3-31  repealed. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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