| HB 169 - Homestead exemption; certain senior citizens; applicable taxes |
First Reader Summary
A BILL to amend Part 1 of Article 2 of Chapter 5 of Title 48 of
the Official Code of Georgia Annotated, relating to tax
exemptions, so as to change the increased assessed value
homestead exemption for certain senior citizens whose household
income does not exceed $30,000.00, so as to change the taxes to
which such exemption shall be applicable; and for other purposes.
| House |
Action |
Senate |
| 1/25/99 |
Read 1st Time |
|
| 1/26/99 |
Read 2nd Time |
|
HB 169 LC 18 9269
A BILL TO BE ENTITLED
AN ACT
1- 1 To amend Part 1 of Article 2 of Chapter 5 of Title 48 of the
1- 2 Official Code of Georgia Annotated, relating to tax
1- 3 exemptions, so as to change the increased assessed value
1- 4 homestead exemption for certain senior citizens whose
1- 5 household income does not exceed $30,000.00, so as to change
1- 6 the taxes to which such exemption shall be applicable; to
1- 7 remove the age and income limitations of such homestead
1- 8 exemption; to provide that such homestead exemption shall be
1- 9 in addition to and not in lieu of any other homestead
1-10 exemption; to provide for applicability; to provide for
1-11 effective dates; to provide for a special election; to
1-12 provide for automatic repeal; to repeal conflicting laws;
1-13 and for other purposes.
1-14 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
1-15 SECTION 1.
1-16 Part 1 of Article 2 of Chapter 5 of Title 48 of the Official
1-17 Code of Georgia Annotated, relating to tax exemptions, is
1-18 amended by striking Code Section 48-5-47.1, relating to the
1-19 increased assessed value homestead exemption for certain
1-20 senior citizens whose household income does not exceed
1-21 $30,000.00, and inserting in its place a new Code Section
1-22 48-5-47.1 to read as follows:
1-23 "48-5-47.1.
1-24 (a) For purposes of this Code section, the term:
1-25 (1) 'Ad valorem taxes' means all state ad valorem taxes
1-26 and; all county ad valorem taxes for county purposes
1-27 levied by, for, or on behalf of a county, except for
1-28 taxes to pay interest on and to retire bonded
1-29 indebtedness; all county school district and independent
1-30 school district taxes for educational purposes levied
1-31 by, for, or on behalf of a school district, except for
1-32 taxes to pay interest on and to retire bonded
1-33 indebtedness; and all municipal taxes for municipal
1-34 purposes levied by, for, or on behalf of a municipality,
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2- 1 except for taxes to pay interest on and to retire bonded
2- 2 indebtedness.
2- 3 (2) 'Base year' means the taxable year immediately
2- 4 preceding the taxable year in which the exemption under
2- 5 this Code section is granted.
2- 6 (3) 'Homestead' as applied in this Code section shall
2- 7 mean the homestead as defined and qualified in Code
2- 8 Section 48-5-40, with the additional qualification that
2- 9 it shall include only the primary residence and not more
2-10 than five contiguous acres of land immediately
2-11 surrounding such residence. (4) 'Income' means federal adjusted gross income, as
2-13 defined in the Internal Revenue Code of 1986, as
2-14 amended, from all sources. (5) 'Senior citizen' means a person who is 62 years of
2-16 age or over on or before January 1 of the year in which
2-17 application for the exemption under this Code section is
2-18 made.
2-19 (b) Each resident of a county who is a senior citizen is
2-20 granted an exemption on that person's homestead from all
2-21 ad valorem taxes in an amount equal to the amount of the
2-22 assessed value of that homestead which exceeds the
2-23 assessed value of that homestead for the taxable year
2-24 immediately preceding the taxable year in which this
2-25 exemption is first granted to such resident, if that
2-26 person's income, together with the income of the spouse of
2-27 such person and any other person who resides within such
2-28 homestead, does not exceed $30,000.00 for the immediately
2-29 preceding taxable year. This exemption shall not apply to
2-30 taxes assessed on improvements to the homestead or
2-31 additional land that is added to the homestead after
2-32 January 1 of the base year. If any real property is
2-33 removed from the homestead, the assessment in the base
2-34 year shall be adjusted to reflect such removal and the
2-35 exemption shall be recalculated accordingly.
2-36 (c) A person shall not receive the homestead exemption
2-37 granted by subsection (b) of this Code section unless the
2-38 person or person's agent files an application with the tax
2-39 commissioner of the county giving the person's age and the
2-40 amount of gross income which the person and the person's
2-41 spouse and any other persons residing within such
2-42 homestead received during the last taxable year, and such
2-43 additional information relative to receiving such
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3- 1 exemption as will enable the tax commissioner to make a
3- 2 determination as to whether such owner is entitled to such
3- 3 exemption.
3- 4 (d) The commissioner shall provide application forms for
3- 5 the exemption granted by this Code section which shall
3- 6 require such information as may be necessary to determine
3- 7 the initial and continuing eligibility of the owner for
3- 8 the exemption.
3- 9 (e) The exemption shall be claimed and returned as
3-10 provided in Code Section 48-5-50.1. The exemption shall
3-11 be automatically renewed from year to year as long as the
3-12 owner occupies the residence as a homestead. After a
3-13 person has filed the proper application as provided in
3-14 subsection (c) of this Code section, it shall not be
3-15 necessary to make application and file such affidavit
3-16 thereafter for any year and the exemption shall continue
3-17 to be allowed to such person. It shall be the duty of any
3-18 person granted the homestead exemption under this Code
3-19 section to notify the tax commissioner of the county or
3-20 the designee thereof in the event that person for any
3-21 reason becomes ineligible for that exemption.
3-22 (f) The exemption granted by this Code section shall not
3-23 apply to or affect any municipal taxes or county school
3-24 district taxes for educational purposes. The homestead
3-25 exemption granted by this Code section shall be in
3-26 addition to and not in lieu of and not in addition to any
3-27 other homestead exemption applicable to county ad valorem
3-28 taxes for county purposes.
3-29 (g) The exemption granted by this Code section shall apply
3-30 to all taxable years beginning on or after January 1, 1995
3-31 2001."
3-32 SECTION 2.
3-33 Unless prohibited by the federal Voting Rights Act of 1965,
3-34 as amended, the Secretary of State shall call and conduct a
3-35 special election for the approval or disapproval of this Act
3-36 on the date of the November 2000 general election. The
3-37 Secretary of State shall cause the date and purpose of the
3-38 special election to be published in the official organ of
3-39 each county in the state once a week for two weeks
3-40 immediately preceding the date of the referendum. The
3-41 ballot shall have written thereon the following:
3-42 "( ) YES Shall the Act be approved which provides that
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4- 1 ( ) NO the increased assessed value homestead
4- 2 exemption be granted to all qualified
4- 3 residents, be made applicable to all ad
4- 4 valorem taxes, and be in addition to and not
4- 5 in lieu of any other homestead exemption?"
4- 6 All persons desiring to vote for approval of the Act shall
4- 7 vote "Yes," and those persons desiring to vote for rejection
4- 8 of the Act shall vote "No." If more than one-half of the
4- 9 votes cast on such question are for approval of the Act,
4-10 then Section 1 of this Act shall become effective on January
4-11 1, 2001, and shall apply to all tax years beginning on or
4-12 after that date; otherwise Section 1 of this Act shall be
4-13 void and this Act shall stand repealed in its entirety on
4-14 January 1, 2001.
4-15 SECTION 3.
4-16 Except as otherwise provided in Section 2 of this Act, this
4-17 Act shall become effective upon its approval by the Governor
4-18 or upon its becoming law without such approval.
4-19 SECTION 4.
4-20 All laws and parts of laws in conflict with this Act are
4-21 repealed.
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Clerk of the House
Robert E. Rivers, Jr., Clerk
Last Updated on 02/24/99
