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2018 Georgia Code 48-5-421 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 48-5-421 Case Law from Google Scholar Amendments to OCGA 48-5-421

TITLE 48 REVENUE AND TAXATION

Section 5. Ad Valorem Taxation of Property, 48-5-1 through 48-5-607.

ARTICLE 9 FRANCHISES

48-5-421. Taxation of unenumerated franchises.

Nothing in this article shall be construed to exempt from taxation any franchise not enumerated in this article. All franchises of value not provided for in this article shall be returned for taxation and taxed pursuant to law as is other property.

(Ga. L. 1902, p. 37, § 9; Civil Code 1910, § 1027; Code 1933, § 92-2302; Code 1933, § 91A-1802, enacted by Ga. L. 1978, p. 309, § 2.)

JUDICIAL DECISIONS

No exemption from municipal license or occupation fees.

- To properly construe the meaning of the word "franchise," as used in Ga. L. 1937-38, Ex. Sess., p. 307, § 13 (see now O.C.G.A. § 7-1-786), it must be considered in connection with the other property for which an exemption from taxation was given. Franchises were property, and former Code 1933, § 92-2302 (see now O.C.G.A. § 48-5-241) provided for the taxation of a franchise. When the word "franchise" was considered in connection with the other items exempted from taxation, it must be taken as meaning the powers conferred by the sovereignty, and that the exemption granted was an exemption from taxation of the property right in the powers so conferred, and not an exemption from a license or occupation fee required by a municipality in order to do business. City of Atlanta v. First Fed. Sav. & Loan Ass'n, 209 Ga. 517, 74 S.E.2d 243 (1953).

RESEARCH REFERENCES

C.J.S.

- 84 C.J.S., Taxation, § 614 et seq.

Cases Citing O.C.G.A. § 48-5-421

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Clayton Cnty. Bd. of Assessors v. Aldeasa Atlanta Jt. Venture, 304 Ga. 15 (Ga. 2018).

Cited 7 times | Published | Supreme Court of Georgia | Jun 18, 2018

...by the Concessions Agreement: an estate for years that may be taxed as real property pursuant to OCGA § 48-5-3; a possessory interest in the real property that may be taxed pursuant to OCGA § 6-3-21; a franchise interest that is subject to tax under OCGA § 48-5-421; and taxable leasehold improvements.1 As more fully set forth below, we affirm the trial court’s order. 1....
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Clayton Cnty. Bd. of Tax Assessors v. Aldeasa Atlanta Jt. Venture, 815 S.E.2d 870 (Ga. 2018).

Cited 7 times | Published | Supreme Court of Georgia | Jun 18, 2018

...ncessions Agreement: an estate for years that may be taxed as real property pursuant to OCGA § 48-5-3 ; a possessory interest in the real property that may be taxed pursuant to OCGA § 6-3-21 ; a franchise interest that is subject to tax under OCGA § 48-5-421 ; and taxable leasehold improvements.1 As more fully set forth below, we affirm the trial court's order. 1....