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2018 Georgia Code 48-5-10 | Car Wreck Lawyer

TITLE 48 REVENUE AND TAXATION

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

ARTICLE 1 GENERAL PROVISIONS

48-5-10. Returnable property.

All property shall be returned by the taxpayers for taxation to the tax commissioner or tax receiver as provided by law. Each return by a taxpayer shall be for property held and subject to taxation on January 1 next preceding each return.

(Ga. L. 1913, p. 123, § 1; Code 1933, § 92-6202; Code 1933, § 91A-1008, enacted by Ga. L. 1978, p. 309, § 2.)

Law reviews.

- For article, "Freeport Exemption from Property Taxes for Inventory Stored in Georgia But Destined for Shipment Out-of-State," 28 Ga. St. B. J. 108 (1991). For annual survey on real property, see 64 Mercer L. Rev. 255 (2012).

JUDICIAL DECISIONS

First day of tax year controlled bankruptcy debtor's liability.

- Chapter 13 debtor was liable for property taxes assessed against the property despite the fact that the debtor's lender was granted relief from stay. Under O.C.G.A. §§ 48-2-55 and48-5-10, the debtor remained personally liable for the taxes because the debtor was the title holder of the property on the first day of each tax year for which an unsecured priority claim was made. Waddy v. Fulton County Tax Comm'r (In re Waddy), Bankr. (Bankr. N.D. Ga. Sept. 23, 2010).

Cited in DeKalb County Bd. of Tax Assessors v. W.C. Harris & Co., 248 Ga. 277, 282 S.E.2d 880 (1981); Georgia Marble Co. v. Whitlock, 260 Ga. 350, 392 S.E.2d 881 (1990); Jamestown Assocs. v. Fulton County Bd. of Tax Assessors, 228 Ga. App. 360, 492 S.E.2d 1 (1997); White Cloud Charter, Inc. v. DeKalb County Bd. of Tax Assessors, 238 Ga. App. 805, 520 S.E.2d 708 (1999); Nat'l Tax Funding, L.P. v. Harpagon Co., 277 Ga. 41, 586 S.E.2d 235 (2003); Int'l Auto Processing, Inc. v. Glynn County, 287 Ga. App. 431, 651 S.E.2d 535 (2007); Muscogee County Bd. of Tax Assessors v. Pace Indus., 307 Ga. App. 532, 705 S.E.2d 678 (2011).

OPINIONS OF THE ATTORNEY GENERAL

Personal property is generally subject to taxation in county where owner resides on January 1 of that year, unless the property is connected with some trade or business which is situated more or less permanently in another county. 1965-66 Op. Att'y Gen. No. 65-104.

Construing former Code 1933, §§ 92-6202 and 92-6208 (see now O.C.G.A. §§ 48-5-10 and48-5-16) together, a dealer engaged in business in one county on January 1 who, subsequent to that date, removes the dealer's business to another county is liable under former Code 1933, § 92-6208 (see now O.C.G.A. § 48-5-16) to the first county for ad valorem taxes on all personal property of whatever kind, connected with or used in such business. The fact that the property was moved from the county after January 1 would not relieve the owner from taxation in the county in which the property was located on January 1. 1958-59 Op. Att'y Gen. p. 350.

Prorating tax liability of persons who are resident for only part of year.

- Person resident in this state on January 1 but for only part of the year is liable for ad valorem taxation for the entire year since there is no provision for prorating of taxes. 1954-56 Op. Att'y Gen. p. 666.

Taxation of property bought or sold after January 1.

- Owner must return and pay tax for a given year on property owned on January 1 of that year, even if subsequently sold, but is not required to return or pay tax for that year on property bought after January 1. 1954-56 Op. Att'y Gen. p. 666.

Tax commissioner not required to aid owner in shifting taxes to subsequent purchasers.

- Tax commissioner is not required to handle an account in such a manner as to permit a firm owning property on January 1 to require subsequent purchasers of lots to pay ad valorem taxes due thereon. 1954-56 Op. Att'y Gen. p. 667.

Taxation of automobiles shipped into state after January 1.

- Automobiles shipped into this state after January 1 of any year are not subject to ad valorem taxes for that year. If the automobiles are in the state on January 1, the person owning such automobiles on January 1 of any year is liable for ad valorem taxes thereon. 1952-53 Op. Att'y Gen. p. 427.

When taxation of annexed property may commence.

- Property annexed by a city may be made subject to ad valorem taxation as of January 1 following the annexation. 1969 Op. Att'y Gen. No. 69-259.

Municipal corporation may tax property having a tax situs within the municipality's corporate limits on January 1 of the tax year; for example, property annexed into a city on February 10, 1970, would not be subject to 1970 taxes. 1970 Op. Att'y Gen. No. U70-96.

Tax lien on a transferred piece of property follows that property even if the property is transferred to a tax-exempt public entity. However, the original owner can still be held responsible for the tax liability. Accordingly, the county should not voluntarily prorate the taxes due on that property unless the county does so pursuant to a bargained for consideration in a binding agreement entered into in order to acquire the property. 1988 Op. Att'y Gen. No. U88-12.

Tax lien follows property which the county acquires by donation, purchase, or condemnation, if the full tax amount cannot be collected against the original owner. 1988 Op. Att'y Gen. No. U88-12.

RESEARCH REFERENCES

Am. Jur. 2d.

- 72 Am. Jur. 2d, State and Local Taxation, § 624.

C.J.S.

- 84 C.J.S., Taxation, §§ 82, 541 et seq. 85 C.J.S., Taxation, §§ 991, 992.

Cases Citing Georgia Code 48-5-10 From Courtlistener.com

Total Results: 5

Tharp v. HARPAGON COMPANY

Court: Supreme Court of Georgia | Date Filed: 2004-10-12

Citation: 604 S.E.2d 156, 278 Ga. 654, 2004 Fulton County D. Rep. 3325, 2004 Ga. LEXIS 844

Snippet: the tax year at issue, was proper. See OCGA §§ 48-5-10, 48-5-9; Jamestown Associates v. Fulton County

National Tax Funding v. Harpagon Co.

Court: Supreme Court of Georgia | Date Filed: 2003-09-15

Citation: 586 S.E.2d 235, 277 Ga. 41, 2003 Fulton County D. Rep. 2712, 2003 Ga. LEXIS 723

Snippet: Commissioner. [2] OCGA §§ 48-5-1; 48-5-3; 48-5-9; 48-5-10. [3] OCGA § 48-2-56(a). [4] Id. [5] OCGA §§

James F. Nelson, Jr. Family Ltd. Partnership v. Miller

Court: Supreme Court of Georgia | Date Filed: 1997-01-21

Citation: 479 S.E.2d 737, 267 Ga. 466, 97 Fulton County D. Rep. 212, 1997 Ga. LEXIS 4

Snippet: duty to return his interest for taxation. OCGA §§ 48-5-10; 48-5-15. To accomplish the proper collection of

Georgia Marble Co. v. Whitlock

Court: Supreme Court of Georgia | Date Filed: 1990-07-05

Citation: 392 S.E.2d 881, 260 Ga. 350

Snippet: return all of its mineral interests under OCGA §§ 48-5-10 and 48-5-15; that Pickens County tax officials

Dubbers-Albrecht v. Nathan

Court: Supreme Court of Georgia | Date Filed: 1987-05-27

Citation: 356 S.E.2d 205, 257 Ga. 111, 1987 Ga. LEXIS 760

Snippet: of the fee under OCGA § 44-5-168 (a). OCGA §§ 48-5-10 and 48-5-15 (a) place a duty on the owner of improved