06 LC 18
5347
Senate
Bill 597
By:
Senators Pearson of the 51st, Balfour of the 9th, Cagle of the 49th, Powell of
the 23rd, Schaefer of the 50th and others
AS
PASSED SENATE
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 48-5-311 of the Official Code of Georgia Annotated, relating
to county boards of equalization and tax appeal procedures, so as to change
certain provisions regarding recovery of certain appeal costs by a taxpayer; to
provide an effective date; to provide for applicability; to repeal conflicting
laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Code
Section 48-5-311 of the Official Code of Georgia Annotated, relating to county
boards of equalization and tax appeal procedures, is amended by striking
subdivision (g)(4)(B)(ii) and inserting in its place a new subdivision
(g)(4)(B)(ii) to read as follows:
"(ii)
If the final determination of value on appeal is 80 percent or less of the
valuation set by the county board of equalization as to commercial property, or
85 percent or less of the valuation set by the county board of
equalization
tax
assessors as to other property, the
taxpayer, in addition to the interest provided for by this paragraph, shall
recover costs of litigation and reasonable
attorneýs
fees incurred in the action. This division shall not apply when the property
owner has failed to return for taxation the property that is under
appeal."
SECTION
2.
This
Act shall become effective on July 1, 2006, and shall apply with respect to all
tax appeals filed with the county boards of tax assessors on or after that
date.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.