HB1498: HB1498 Ad valorem tax; procedures for transmission of relevant information following a real estate closing to allow for the automatic granting of homestead exemptions; provide

26 LC 47 4112 House Bill 1498 By: Representatives Santos of the 117th, Wilkerson of the 38th, Gisler of the 121st, Frye of the 122nd, and Washburn of the 144th A BILL TO BE ENTITLED AN ACT To amend Code Section 48-5-45 of the Official Code of Georgia A nnotated, relating to1 application for homestead exemption and unlawful to solicit fee to file application for2 homestead for another, so as to provide procedures for the tran smission of relevant3 information following a real estate closing to allow for the automatic granting of homestead4 exemptions; to provide for related matters; to repeal conflicting laws; and for other purposes.5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6 SECTION 1.7 Code Section 48-5-45 of the Official Code of Georgia Annotated, relating to application for8 homestead exemption and unlawful to solicit fee to file applica tion for homestead for9 another, is amended as follows:10 "48-5-45.11 (a)(1) An applicant seeking a homestead exemption as provided in Code Section 48-5-4412 and qualifying under the provisions of Code Section 48-5-40 sha ll file a written13 application and schedule with the tax receiver or tax commissioner charged with the duty14 of receiving returns of property for taxation at any time durin g the calendar year15 subsequent to the property becoming the primary residence of th e applicant up to and16 H. B. 1498 - 1 - 26 LC 47 4112 including the date for the closing of the books for the return of taxes for the calendar year,17 except that, in the case of a property which is subject to a reassessment by the board of18 tax assessors, such application and schedule may be filed in conjunction with or in lieu19 of an appeal of the reassessment.20 (2) The failure to file properly the application and schedule on or before the date for the21 closing of the books for the return of taxes of a calendar year in which the taxes are due22 shall constitute a waiver of the homestead exemption on the part of the applicant failing23 to make the application for such exemption for that year.24 (a.1) In addition to the provisions of subsection (a) of this Code section and25 notwithstanding any conflicting provisions of a local Act to th e contrary, an attorney26 closing a real estate transaction for the purchase of real property that would qualify for a27 homestead exemption granted by this chapter or by a local Act shall upon completing such28 closing transmit to the relevant tax receiver or tax commissioner all information necessary29 for such tax receiver or tax commissioner to grant such homeste ad exemption or30 exemptions without further application by the owner of such homestead. Upon granting31 any such homestead exemption, the tax receiver or tax commissioner shall send notice to32 the owner of the homestead confirming the granting of such exemption or exemptions and33 notifying the owner which tax year such exemption shall first apply to the homestead.34 (b) The owner of a homestead which is actually occupied by the owner as a residence and35 homestead shall not have to apply for the exemption more than once so long as the owner36 remains in continuous occupation of the residence as a homestead. The exemption shall37 automatically be renewed from year to year so long as the owner continuously occupies the38 residence as a homestead.39 (c) It is unlawful for any person, firm, or corporation to solicit, either directly or by mail40 or advertisement, any other person for the purpose of filing on behalf of such other person41 the application and schedule for homestead exemption required by this Code section if a42 H. B. 1498 - 2 - 26 LC 47 4112 fee is charged for filing such application and schedule on behalf of such other person. A43 violation of this subsection shall be a misdemeanor."44 SECTION 2.45 All laws and parts of laws in conflict with this Act are repealed.46 H. B. 1498 - 3 -