Ad valorem tax, more commonly known as property tax, is a large source of revenue for governments in Georgia. The basis for ad valorem taxation is the fair market value of the property, which is established January 1st of each year. The tax is levied on the assessed value of the property which, by law, is established at 40% of the fair market value. The amount of tax is determined by the tax rate (mill rate) levied by various entities (one mill is equal to $1.00 for each $1,000 of assessed value or .001).
Several distinct entities are involved in the ad valorem tax process:
The County Tax Commissioner, an office established by the Constitution and elected in all counties except two, is the official responsible for receiving tax returns filed by taxpayers; receiving and processing applications for homestead exemptions; serving as agent of the State Revenue Commissioner for the registration of motor vehicles; and performing all functions related to billing, collecting, disbursing, and accounting for ad valorem taxes collected in the county. In Union County, the tax assessors have been lawfully delegated with receiving tax returns and Homestead Exemption Applications.
The County Board of Tax Assessors, appointed for fixed terms by the county commissioner(s) in all counties except one, is responsible for determining taxability, value and equalization of all assessments within the county. The County Board of Tax Assessors sends yearly notices of assessment to taxpayers; and insures that the appeal process proceeds properly. In addition, they process all exemptions claimed by the taxpayer.
The County Board of Equalization, appointed by the Grand Jury, is the body charged by law with hearing and adjudicating administrative appeals to property values and assessments made by the board of tax assessors (Note: An arbitration or Certified Hearing Officer method of appeal is available to some property owners in lieu of an appeal to the board of equalization at the option of the taxpayer at the time the appeal is filed).
The Board of County Commissioners (or the sole Commissioner in some counties), an elected body, establishes the budget for the county government operations each year, and levies the mill rate necessary to fund the portions of the budget to be paid for by ad valorem tax.
The County Board of Education, an elected body, establishes the annual budget for school purposes and then recommends their mill rate, which, with very few exceptions, must be levied for the school board by the county commissioner(s).
The State Revenue Commissioner exercises general oversight of the entire ad valorem tax process.
TAX RETURNS
Property taxes are due on property that was owned on January 1 for the current tax year. The law provides that property tax returns are due to be filed with the county tax receiver or the county tax commissioner between January 1 and April 1 (O.C.G.A. 48-5-18).
Residents of Georgia are required to file a return of their real property in the county where the real property is located. Residents of Georgia are required to file a return on personal property in the county where they have a legal residence, unless the personal property is used in connection with a business located elsewhere.
Boats that are kept in a county other than where the owner lives are returned where they are kept for at least 180 days or more out of the year.
Airplanes that are hangared in a county other than where the owner lives are returned to the county where they are hangared.
Nonresidents that have real or personal property located in Georgia are required to file a return for the property in the county where the property is located.
When to File a Return
No Requirement to File a Return Every Year If a taxpayer filed a property tax return or paid taxes on their property the year before and does not file a return on their property for the current tax year, then they are considered to have filed a return on the same property at the same valuation as the year before. And they are considered to have claimed the same homestead exemptions and personal property exemptions as they had in the previous year.
Real Estate Transfer Tax Form Considered Filing Return If a taxpayer acquires property in the previous tax year and a real estate transfer tax form was filed and the real estate transfer tax paid, then they are considered to have filed a property tax return on the same property at the same valuation as was transferred in the previous year. But if any improvements are made to the property after it is transferred, they should file a property tax return for the current tax year. And, if applicable, they must still file for homestead exemption.