O.C.G.A.

O.C.G.A. § 48-5-101 (2019)

Oath and bond for tax receivers

✓ 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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Each elected or appointed tax receiver before entering on the duties of his office shall take and subscribe to the following oath in addition to the oath required of all civil officers:

“I swear that I will truly and faithfully perform the duties of receiver of returns of taxable property, or of persons or things specially taxed in the county to which I am appointed, as required of me by the laws, and will before receiving returns carefully examine each, and will to the best of my ability carry out all the requirements made upon me by the tax laws. So help me God.” At the time he takes the oath, the tax receiver shall give bond and security in a sum equal to one-fourth of the amount of the state tax supposed to be due from the county for the year in which he gives bond. No tax receiver shall be required to give a bond exceeding $10,000.00. The amount of the bond shall be determined by the commissioner before being sent out to the several counties.

History

Orig. Code 1863, § 842; Ga. L. 1863-64, p. 124, § 1; Code 1868, § 921; Code 1873, § 918; Code 1882, § 918; Civil Code 1895, § 932; Ga. L. 1896, p. 38, § 1; Ga. L. 1901,

p. 23, § 1; Civil Code 1910, § 1195; Code 1933, § 92-4602; Code 1933, § 91A-1302, enacted by Ga. L. 1978, p. 309, § 2.

Annotations

Cross references. Official bonds, T. 45, C. 4.

JUDICIAL DECISIONS No bond is required of a tax receiver to be payable to the county or to the probate judge. Fannin County v.

Pack, 149 Ga. 703, 102 S.E. 166, 1920 Ga. LEXIS 379 (1920).

RESEARCH REFERENCES C.J.S. 20 C.J.S., Counties, §§ 159, 160.

Notes of Decisions

Cited in 1 case, 1996–1996 · leading case: S. Tax Consultants, Inc. v. Scott, 478 S.E.2d 126 (Ga. 1996).

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S. Tax Consultants, Inc. v. Scott, 478 S.E.2d 126 (Ga. 1996). · cites it 4× “" OCGA § 48-5-101. In performance of this duty, Commissioner Scott undoubtedly has discretion to reject unsigned returns.”

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.