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SB319.html
02 SB319/FA/1
Senate Bill
319
By: Senators Johnson of the 1st and Thomas of the
2nd
AS PASSED
SENATE
A BILL TO BE
ENTITLED
AN ACT
To amend Code Section 48-5-380 of the Official Code of
Georgia Annotated, relating to refunds of taxes and license fees by counties and
municipalities, so as to increase the period of time for which refunds for taxes
may be claimed; to repeal conflicting laws; and for other
purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
SECTION 1.
Code Section 48-5-380 of the Official Code of Georgia
Annotated, relating to refunds of taxes and license fees by counties and
municipalities, is amended by striking subsection (b) and inserting in its place
a new subsection (b) to read as follows:
"(b) In any case
in which it is determined that an erroneous or illegal collection of any tax or
license fee has been made by a county or municipality or that a taxpayer has
voluntarily or involuntarily overpaid any tax or license fee, the taxpayer from
whom the tax or license fee was collected may file a claim for a refund with the
governing authority of the county or municipality at any time within one year
or, in the case of taxes, three 5 years after the date
of the payment of the tax or license fee to the county or municipality. The
claim for refund shall be in writing and shall be in the form and shall contain
the information required by the appropriate governing authority. The claim
shall include a summary statement of the grounds upon which the taxpayer relies.
In the event the taxpayer desires a conference or hearing before the governing
authority in connection with any claim for a refund, they shall so specify in
writing in the claim. If the claim conforms to the requirements of this Code
section, the governing authority shall grant a conference at a time specified by
the governing authority. The governing authority shall consider information
contained in the taxpayer´s claim for a refund and such other information
as is available. The governing authority shall approve or disapprove the
taxpayer´s claim and shall notify the taxpayer of its action. In the event
any claim for refund is approved, the governing authority shall proceed under
subsection (a) of this Code section to give effect to the terms of that
subsection. No refund provided for in this Code section shall be
assignable."
SECTION 2.
All laws and parts of laws in conflict with this Act are
repealed.