HB275: HB275 Income tax; change certain definitions

26 LC 44 3454S House Bill 275 (COMMITTEEE SUBSTITUTE) By: Representatives Williamson of the 112th, Smith of the 138th, Kelley of the 16th, Blackmon of the 146th, Crowe of the 118th, and others A BILL TO BE ENTITLED AN ACT To amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad1 valorem taxation of property, so as to provide for the acceptance of tax digests in the event2 of a publication error made by a newspaper; to revise required information for bills and3 notices of assessment for ad valorem tax of property; to repeal a provision relating to annual4 calculation and certification of estimated roll-back rate; to p rovide for related matters; to5 repeal conflicting laws; and for other purposes.6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7 SECTION 1.8 Chapter 5 of Title 48 of the Official Code of Georgia Annotated , relating to ad valorem9 taxation of property, is amended by adding a new Code section to read as follows:10 "48-5-32.2.11 Notwithstanding the provisions of Code Sections 48-5-32 and 48-5-32.1, in the event that12 a digest is not accepted for review by the commissioner on the basis that a newspaper13 publication did not satisfy the requirements of this chapter, the commissioner shall accept14 the digest for review upon satisfactory submission of documenta tion by the county15 establishing that the inadequacy did not result from an error or omission on the part of the16 H. B. 275 (SUB) - 1 - 26 LC 44 3454S respective levying authority or recommending authority. A newspaper publication that has17 been redressed pursuant to this Code section shall not constitute grounds for contesting the18 validity of the digest or levy."19 SECTION 2.20 Said chapter is further amended by revising Code Section 48-5-3 4, relating to tax bill and21 procedures and requirements, as follows:22 "48-5-34.23 (a) In addition to any other requirements provided by law, the ad valorem property tax bill24 form shall be prepared annually by the county tax commissioner or collector and furnished25 to each taxpayer who owes state, county, or county school tax for the current tax year. The26 form shall provide for each given levying authority and recommending authority:27 (1) The the total amount of such taxes levied on property owned by the taxpayer,;28 (2) The t h e amount of property tax credit granted by Act of the 1973 Sessi on of29 Georgia's General Assembly, by which such taxes were reduced as a result of exemptions30 and credits that were applied to such property; and31 (3) The the net amount of such taxes due for the current tax year.32 (b) In addition to the requirements of subsection (a) of this Code section, if the millage rate33 adopted by a taxing authority exceeds the estimated roll-back r ate and such estimated34 roll-back rate was provided in the annual notice of assessment, such tax bill shall include35 a notice containing the name of such taxing authority and the following statement in bold36 print: 'The adopted millage rate exceeds the estimated roll-back rate as stated in the annual37 notice of assessment that you previously received for this taxable year, which will result38 in an increase in the amount of property tax that you will owe.'39 (c)(1) If the governing authority of a county, consolidated government, municipality, or40 school district elected to opt out of the homestead exemption p rovided for in Code41 Section 48-5-44.2 and there is not in effect for such political subdivision a base year42 H. B. 275 (SUB) - 2 - 26 LC 44 3454S value homestead exemption or adjusted base year value homestead exemption that is43 generally applicable for homestead residents, each ad valorem property tax bill issued by44 such political subdivision for homestead properties shall conta in a notice in bold print45 that corresponds with the following statement:46 '[Name of the political subdivision] chose to opt out of proper ty tax relief for47 homeowners related to HB 581 (2024). If you have concerns about that decision,48 please call [the main telephone number for the levying or recommending authority49 of the political subdivision].'50 (2) The provisions of paragraph (1) of this subsection shall not apply for any taxable year51 beginning after December 31, 2029."52 SECTION 3.53 Said chapter is further amended in Code Section 48-5-306, relat ing to annual notice of54 current assessment, contents, posting notice, and new assessmen t description, by revising55 subsection (b) as follows:56 "(b) Contents of notice.57 (1) The annual notice of current assessment required to be given by the county board of58 tax assessors under subsection (a) of this Code section shall b e dated and shall contain59 the name and last known address of the taxpayer pursuant to Code Section 48-5-10. The60 annual notice shall be given on the applicable state-wide assessment notice form which61 shall be established by the commissioner by rule and regulation and shall contain:62 ( A ) T h e '(insert previous tax year) value' which is the fair market value used for63 amount of the previous assessment following any final determination of value on appeal64 pursuant to Code Section 48-5-311;65 (B) The '(insert current tax year) value' which is the fair market value used for amount66 of the current assessment;67 (C) The year for which the new assessment is applicable;68 H. B. 275 (SUB) - 3 - 26 LC 44 3454S (D) A brief description of the assessed property broken down i nto real and personal69 property classifications;70 (E) A brief description of any change in the taxable assessed value from the previous71 assessment;72 (F) A list of each exemption, credit, and preferential assessment granted or allowed for73 the property as of the date of creation of the notice of assessment;74 (G) The fair market value of property of the taxpayer subject to taxation and the75 assessed value of the taxpayer's property subject to taxation a fter being reduced The76 estimated tax savings from all exemptions, credits, and preferential assessments granted77 or allowed for the property calculated using the sum of all mil lage rates which were78 imposed on such property in the previous tax year;79 (F)(H) A brief description of the methods and manner by which the taxpayer may80 appeal the current assessment;81 (I) The name, phone telephone number, and contact information of the person in the82 assessors' office who is administratively responsible for the handling of the appeal and83 who the taxpayer may contact if the taxpayer has questions abou t the reasons for the84 assessment change or the appeals process;85 (G)(J) If available, the public website address of the office of the county board of tax86 assessors;87 (H)(K) A statement that all documents and records used to determine the current value88 are available upon request; and89 (L) Such other details as may be required by the department after consultation with the90 chairpersons of the House Committee on Ways and Means and the S enate Finance91 Committee.92 (I)(i) The current year's estimated roll-back rate for each levying or recommending93 authority that certified its estimated roll-back rate for the current year to the county94 H. B. 275 (SUB) - 4 - 26 LC 44 3454S board of tax assessors and county tax commissioner by the date specified under Code95 Section 48-5-306.2; or96 (ii) For each levying or recommending authority that did not certify its estimated roll-97 back rate to the county board of tax assessors and county tax c ommissioner by the98 date specified in Code Section 48-5-306.2, the millage rate that was actually levied99 by or on behalf of such authority for the previous tax year, an d an estimate of the100 amount of ad valorem taxes due for the assessed property based on such millage rate101 and the amount of the current assessment.102 (2) In addition to the items required under paragraph (1) of t his subsection, the notice103 shall contain a statement of the taxpayer's right to an appeal and other information which104 shall be in substantially the following form:105 'The amount of your ad valorem tax bill for this year will be b ased on the106 appraised and assessed values specified in this notice. You ha ve the right to107 appeal these values to the county board of tax assessors. At the time of filing your108 appeal you must select one of the following options:109 (A) An appeal to the county board of equalization with appeal to the superior110 court;111 (B) To arbitration without an appeal to the superior court; or112 (C) For a parcel of nonhomestead property with a fair market v alue in excess113 of $500,000.00 as shown on the taxpayer's annual notice of current assessment114 under this Code section, or for one or more account numbers of wireless115 property as defined in subparagraph (e.1)(1)(B) of Code Section 48-5-311 with116 an aggregate fair market value in excess of $500,000.00 as show n on the117 taxpayer's annual notice of current assessment under this Code section, to a118 hearing officer with appeal to the superior court.119 If you wish to file an appeal, you must do so in writing no later than 45 days after120 the date of this notice. If you do not file an appeal by this date, your right to file121 H. B. 275 (SUB) - 5 - 26 LC 44 3454S an appeal will be lost. For further information on the proper method for filing an122 appeal, you may contact the county board of tax assessors which is located at:123 (insert address) and which may be contacted by telephone at: (insert telephone124 number).'125 'You have the right to appeal the property values provided in this notice. You may126 also apply for homestead exemptions if your property was owned and occupied127 as your family's primary residence and homestead as of January 1 of (insert128 current tax year).129 If you wish to appeal your (insert current tax year) property value or apply for130 homestead exemptions, you must do so in writing no later than 45 days after the131 date of this notice. If you do not file an appeal or apply for homestead exemptions132 by this date, your right to do so for this year will be lost.133 ***You are required by law to notify (insert name of appropriate local tax134 official) if you were ineligible as of January 1st of (insert current tax year) for any135 homestead exemption listed in this notice and subject to penalties for failing to do136 so.***137 For further information on filing appeals, applying for homestead exemptions, or138 reporting your ineligibility for a homestead exemption, visit or contact the county139 board of tax assessors at (insert website, address, and telephone number).140 Please note: Tax rates for counties, school districts, and cities will be established141 by each local government later this year. If a local government intends to increase142 revenue on existing properties, they must advertise and hold three public meetings143 to do so.'144 (3) The annual notice required under this Code section shall b e mailed no later than145 July 1; provided, however, that the annual notice required under this Code section may146 be sent later than July 1 for the purpose of notifying property owners of corrections and147 mapping changes."148 H. B. 275 (SUB) - 6 - 26 LC 44 3454S SECTION 4.149 Said chapter is further amended by repealing Code Section 48-5- 306.2, relating to annual150 calculation and certification of estimated roll-back rate, in its entirety.151 SECTION 5.152 All laws and parts of laws in conflict with this Act are repealed.153 H. B. 275 (SUB) - 7 -