O.C.G.A.

O.C.G.A. § 48-2-48 (2019)

Deficiency assessments; interest

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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If the commissioner ascertains that the return of any taxpayer (or dealer pursuant to Article 1 of Chapter 8 of this title) contains mistaken, false, or fraudulent statements or that it contains statements or omissions of data which are otherwise incorrect or misleading, and that as a result thereof improper or inadequate assessments of taxes have been made, the commissioner may determine and fix the amount of the taxes due from the taxpayer or dealer and shall proceed to collect the state tax due pursuant to the determination. In any case in which property assessments are made by the commissioner under the law for purposes of local taxation, the commissioner shall certify amounts of any property omitted from previous assessments to the proper local tax authorities for taxation in the local tax districts. All taxes collected under this Code section shall bear interest at the rate specified in Code Section 48-2-40, unless otherwise provided by law, from the date the commissioner advises the taxpayer in writing of the amount of the taxes due, until paid. The interest shall be assessed and collected as a part of the tax.

History

Ga. L. 1937-38, Ex. Sess., p. 77, § 32;

Code 1933, § 91A-243, enacted by Ga. L. 1978, p. 309, § 2; Ga. L. 1980, p. 10, § 5.

Annotations

RESEARCH REFERENCES Am. Jur. 2d. 72 Am. Jur. 2d, State and Local Taxation, §§ 710 et seq., 748. C.J.S. 84 C.J.S., Taxation, § 819 et seq. ALR. Retroactive effect of statutes relating to

interest on or penalties in respect of delinquent taxes, 77 A.L.R. 1034. Constitutionality of legislation prescribing rate of interest or penalty for nonpayment of taxes, or the conditions liability in that regard, operative only in certain political subdivisions, 111 A.L.R. 1354.

Notes of Decisions
Cited in 1 case, 1988–1988 · leading case: Fayette Cnty. Bd. of Tax Assessors v. Georgia Utils. Co., 368 S.E.2d 326 (Ga. Ct. App. 1988).
Fayette Cnty. Bd. of Tax Assessors v. Georgia Utils. Co., 368 S.E.2d 326 (Ga. Ct. App. 1988). · cites it 4× “) OCGA § 48-2-48, the provision to which former OCGA § 48-2-49 made specific reference, is by its own terms, expressly limited in applicability to reassessments that are made by the State Revenue Commissioner.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.