Senate
Leadership | Committees | Senators
| Legislation |
House
Leadership | Committees | Representatives
Georgia General Assembly
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.