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House · Passed · 2025-2026 Regular Session

HB 439: Revenue and taxation; revise deductions allowed to dealers

Last action May 12, 2026 · Act 709

House Bill 439 would let Georgia counties and municipalities create optional local homeowner tax credit programs, funded from surplus revenue and approved by voter referendum, to reduce property tax bills on qualified homesteads.

Read the full bill text

These buttons carry the bill's own text, not the summaries below. Copy for LLM, View as markdown, and Send to AI use the Markdown version: the text as filed, then the summaries under a heading that names them as ours. View raw is the text alone.

The summaries below were written by an AI model (claude-sonnet-5) from the text of the bill and are not part of it. Quote the text, not the summary. The stored text is the Enrolled version, the latest the General Assembly's website lists.

In plain language

Currently, Georgia counties and cities have no dedicated mechanism to funnel extra tax revenue directly back to homeowners as a property tax credit. This bill creates a new option: a 'local homeowner's incentive adjustment grant program.' A county or municipality could only start one after voters approve it in a referendum, and once started, it can only be discontinued through another referendum. Each year, the local government could only put money into the grant fund if it collected more revenue than it had budgeted for the prior year. Funds from that grant program would then be used to calculate a tax credit for each qualified homestead (homes with a homestead exemption), reducing property tax bills for county or municipal purposes, though not more than the actual tax owed or a state-set limit. A companion section lets local governments set up the underlying grant fund by transferring surplus general fund money into it. The bill takes effect January 1, 2027.

What the bill does

  • Creates a new option (O.C.G.A. Chapter 36-89A) for counties and cities to adopt local homeowner tax credit programs funded by surplus revenue.
  • Requires voter approval by referendum before a local government can start or discontinue such a program.
  • Limits new funding for these credit programs to years when actual revenue collected exceeded the prior year's budgeted amount.
  • Sets rules for calculating each homeowner's tax credit based on local millage rates and the amount available in the grant fund, capped at the homeowner's actual tax bill.
  • Adds a new Code section (O.C.G.A. § 48-5-381.1) letting governing authorities create and manage the 'local homeowner's incentive adjustment grant fund' from surplus or postponed public works money.
  • Directs the state revenue commissioner to write rules and forms for administering the program and makes wrongly granted credits recoverable like delinquent taxes.

Who it affects

Homeowners with a homestead exemption in counties or cities that choose to adopt the program, county and municipal governing authorities and fiscal officers who must run referendums and administer the credits, and the state revenue commissioner, who must issue implementing rules.

Why it matters

If a local government adopts this program after a public vote, qualifying homeowners could see a reduction in their property tax bill in years when the local government collects surplus revenue. Because adoption and funding are optional and tied to surplus collections, the actual size and availability of any credit would vary widely by jurisdiction and year.

Key provisions

  • Section 1 creates new Chapter 89A of Title 36, defining terms like 'qualified homestead,' 'county millage rate,' and 'applicable rollback' used to calculate credits.
  • O.C.G.A. § 36-89A-2 requires a referendum to start a program and another referendum to discontinue it, with a simple majority deciding the outcome.
  • O.C.G.A. § 36-89A-3 bars new appropriations to the grant fund unless actual revenue exceeded the prior year's budgeted appropriations.
  • O.C.G.A. § 36-89A-4 details how fiscal authorities calculate each homestead's credit, capping it at the taxpayer's actual liability and the amount available in the fund.
  • O.C.G.A. § 36-89A-6 makes any credit erroneously or illegally granted recoverable in the same way as delinquent taxes.
  • Section 2 adds O.C.G.A. § 48-5-381.1, letting local governments create and fund the grant fund from surplus or postponed public works revenue.
  • Section 3 sets the effective date as January 1, 2027.

From the bill

“If more than one-half of the votes cast are in favor of the local homeowner's incentive adjustment program, then such program shall go into effect for the next fiscal year for the participating local government.”

Explains that voter approval by simple majority is required before a local government can start the program.

“Any credit under this chapter which is erroneously or illegally granted shall be recoverable by the political subdivision granting such credit in the same manner as any other delinquent tax.”

States that wrongly given tax credits can be clawed back like unpaid taxes.

Discussed in meetings (8)

The House and Senate meetings that took this bill up, from their machine transcripts. Each account was written by Georgia Commons with AI and is not part of the record; the video is what was said.

  1. Senate Finance Committee, March 17, 2026

    From 0:42:05 · Watch on the General Assembly's Vimeo channel

    Summary by Georgia Commons: The chair introduced a substitute for HB 439 replacing its previous subject with a local homeowner tax relief program. The sponsor said cities and counties could establish a fund through a voter referendum, choose its funding level and apply credits to homestead tax bills. Ending the program would also require a referendum. The sponsor said contributions would not be required when revenues failed to cover the local budget, and described a constitutional limit tied to $18,000 of assessed value. Members asked how this differed from lowering the property tax rate. The sponsor explained that a rate reduction benefits commercial and industrial property too, while this program targets homeowners. A witness for Columbia County confirmed that credits would apply dollar for dollar and emphasized local voter control. A member asked whether local credits could be combined with future state-funded relief under the constitutional limit. The witness said that needed legal review and promised follow-up. The chair said the program could operate alongside existing sales-tax-funded property tax relief. The committee approved the substitute unanimously.

  2. Senate floor session, March 18, 2026 (legislative day 33)

    From 0:30:42 · Watch on the General Assembly's Vimeo channel · Confirmed by the bill's status history (Senate Committee Favorably Reported By Substitute)

    Summary by Georgia Commons: The clerk read the Finance Committee's recommendation to pass HB 439 by substitute. Later, a senator asked to return the bill to that committee to correct a small error, without describing the error. The clerk described the bill as revising deductions allowed to dealers for reporting and paying sales taxes. The motion to return it to committee was granted without objection.

  3. Senate Finance Committee, March 18, 2026

    From 0:21:01 · Watch on the General Assembly's Vimeo channel

    Summary by Georgia Commons: The chair explained that the committee was reconsidering a measure handled quickly the previous day because a paragraph concerning an $18,000 homestead exemption should not have been included. The presenter confirmed that the new substitute contained the correct language. The chair said the substitute only deleted that paragraph. With no further questions or discussion, the committee approved it unanimously.

  4. Senate Rules Committee, March 20, 2026

    From 0:19:00 · Watch on the General Assembly's Vimeo channel

    Summary by Georgia Commons: The sponsor presented a substitute that would authorize cities and counties to establish local homeowner incentive adjustment grant funds after approval in a local voter referendum. A member asked which bill was being presented, and the sponsor clarified its identity. Another member later selected the bill for the floor calendar, which the committee approved unanimously.

  5. Senate floor session, March 23, 2026 (legislative day 36)

    From 1:34:26 · Watch on the General Assembly's Vimeo channel · Confirmed by the bill's status history (Senate Engrossed)

    Summary by Georgia Commons: The Senate first approved a request to protect HB 439 from floor amendments without objection. Later, the clerk read a Finance Committee substitute replacing the original dealer tax-deduction provisions with a local homeowners’ grant program. The presenter said cities and counties could voluntarily use surplus revenue to reduce homestead property-tax bills. The presenter explained that voters would first approve the program by referendum, then local officials could put available money into a separate account each year for homeowner credits. The presenter described the proposal as a flexible local option, not a requirement. No substantive questions or opposing speeches followed. The Senate adopted the substitute and passed it 49-1.

  6. House floor session, March 25, 2026 (legislative day 37, PM)

    From 2:05:57 · Watch on the General Assembly's Vimeo channel

    Summary by Georgia Commons: The presenter said the Senate substitute would let cities and counties establish voluntary homeowner tax relief funds after voter approval. According to the presenter, revenue above an approved budget could be returned through equal credits to homesteads, capped at each property's tax bill. One member questioned whether the constitutional provision cited required a two-thirds vote and requested a written legal opinion. The presenter said legislative counsel supported proceeding but did not share that understanding of the vote requirement. A second member questioned the constitutional basis for local use of a state-style grant and asked where the money would come from, raising concerns about shifting burdens or cutting programs. The presenter said growing tax bases and economic development could produce the excess revenue. Another member confirmed that local governments would choose whether to hold a referendum. The Ways and Means chair supported the proposal as a limited way to return economic development gains to homeowners. The House agreed to the Senate substitute, 99-64.

Status timeline

  1. 2027-01-01Effective Date
  2. 2026-05-12Act 709
  3. 2026-05-12House Date Signed by Governor (House)
  4. 2026-04-06House Sent to Governor (House)
  5. 2026-03-25House Agreed Senate Amend or Sub (House)
  6. 2026-03-23Senate Passed/Adopted By Substitute (Senate)
  7. 2026-03-23Senate Third Read (Senate)
  8. 2026-03-23Senate Engrossed (Senate)
Show full history (19 actions)
  1. 2026-03-20Senate Read Second Time (Senate)
  2. 2026-03-19Senate Committee Favorably Reported By Substitute (Senate)
  3. 2026-03-18Senate Recommitted (Senate)
  4. 2026-03-18Senate Committee Favorably Reported By Substitute (Senate)
  5. 2025-03-10Senate Read and Referred (Senate)
  6. 2025-03-06House Passed/Adopted By Substitute (House)
  7. 2025-03-06House Third Readers (House)
  8. 2025-03-03House Committee Favorably Reported By Substitute (House)
  9. 2025-02-18House Second Readers (House)
  10. 2025-02-13House First Readers (House)
  11. 2025-02-12House Hopper (House)

Sponsors

  • Bill Yearta (R, HD-152)Primary sponsor
  • Robert Dickey (R, HD-134)
  • Noel Williams, Jr. (R, HD-148)
  • Victor Anderson (R, HD-10)
  • Trey Kelley (R, HD-16)
  • Matt Barton (R, HD-5)
  • Lee Anderson (R, SD-24)

Votes

  1. PassedHouse voteMarch 6, 2025

    170 yea, 1 nay (3 not voting, 6 excused)

    PASSAGE: House Vote #225

  2. PassedSenate voteMarch 23, 2026

    49 yea, 1 nay (1 not voting, 3 excused)

    PASSAGE BY SUBSTITUTE: Senate Vote #789

  3. PassedHouse voteMarch 25, 2026

    99 yea, 64 nay (4 not voting, 9 excused)

    Agree to Senate Substitute: House Vote #764

Topics

  • property taxes
  • homestead exemption
  • local government finance
  • tax credits
  • referendums

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HB439: Revenue and taxation; revise deductions allowed to dealers | Georgia Commons