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2018 Georgia Code 48-5-15 | 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

48-5-15. Returns of taxable real property.

  1. All improved and unimproved real property in this state which is subject to taxation shall be returned by the person owning the real property or by his or her agent or attorney to the tax receiver or tax commissioner of the county where the real property is located.
  2. If the real property has a district, number, and section designation, the tax receiver or tax commissioner shall require the person making a return of the real property to return it by district, number, and section designation. If the real property has no designation by district, number, and section, it shall be returned by such description as will enable the tax receiver or tax commissioner to identify it.
  3. No tax receiver or tax commissioner shall receive any return of real property which does not designate the real property as provided in this Code section. The commissioner shall not allow any tax receiver or tax commissioner who receives returns in any manner other than as provided in this Code section any compensation or percentage for his services.

(Ga. L. 1872, p. 77, § 1; Code 1873, § 873; Code 1882, § 873; Civil Code 1895, § 820; Civil Code 1910, § 1068; Code 1933, § 92-6206; Ga. L. 1964, p. 333, § 1; Code 1933, § 91A-1011, enacted by Ga. L. 1978, p. 309, § 2; Ga. L. 1991, p. 1110, § 1; Ga. L. 1992, p. 1643, § 1; Ga. L. 2010, p. 564, § 1/HB 963.)

Editor's notes.

- Ga. L. 1991, p. 1110, § 3(b), not codified by the General Assembly, provides, in part, that the 1991 amendment to this Code section shall be applicable to all taxable years beginning on or after January 1, 1991.

JUDICIAL DECISIONS

Failure to itemize specific property interests.

- After an owner of mineral rights had entered into an agreement with the county where the property was located to pay lump-sum taxes without itemizing the specific property interests, the agreement did not meet the requirements of O.C.G.A. § 48-5-15, nor did it constitute payment of taxes due within the meaning of O.C.G.A. § 44-5-168. Georgia Marble Co. v. Whitlock, 260 Ga. 350, 392 S.E.2d 881 (1990), cert. denied, 498 U.S. 1025, 111 S. Ct. 675, 112 L. Ed. 2d 667 (1991).

Underpayment of taxes based on automatic tax return.

- Following a bench trial, an order was issued establishing the 1997 fair market value of the taxpayer's property at a value of $4,709,000.00, which was an amount greater than the value set by the board of equalization; however, when the taxpayer paid taxes in 1997, 1998, and 1999, the taxpayer did so based on the board of equalization's 1997 valuation and because the 1997 value of the taxpayer's property was finally determined to be $4,709,000.00, the taxpayer automatically returned the property in 1998 and 1999 at that value and, thus, the taxpayer underpaid the taxpayer's taxes for the 1997, 1998, and 1999 tax years and the tax assessors were entitled to summary judgment finding that the taxpayer had underpaid the taxpayer's taxes and owed additional sums. Pine Pointe Hous., L. P. v. Bd. of Tax Assessors, 269 Ga. App. 855, 605 S.E.2d 443 (2004).

Real estate tax transfer form not sufficient return.

- Filing by the seller of property of a real estate tax transfer form that was not signed by the buyer, did not contain an oath as required by O.C.G.A. § 48-5-19, and did not contain section numbers of the parcels of property was not sufficient to serve as a return of real property. CC Office Assocs. v. DeKalb County, 219 Ga. App. 101, 464 S.E.2d 243 (1995).

Proof of agency required.

- In performance of the commissioner's duty to examine tax returns before receiving the returns, a commissioner has discretion to reject returns signed by a person other than the owner, absent proof of authorization. Southern Tax Consultants, Inc. v. Scott, 267 Ga. 347, 478 S.E.2d 126 (1996).

Cited in Int'l Auto Processing, Inc. v. Glynn County, 287 Ga. App. 431, 651 S.E.2d 535 (2007).

OPINIONS OF THE ATTORNEY GENERAL

Combined return of adjoining tracts.

- Adjoining tracts of land, acquired at different times, can be combined and returned as one tract in a tax return. 1958-59 Op. Att'y Gen. p. 338.

Return of property lying on or across county line.

- Owners of property lying on or across county lines must return to the tax receiver of each county the portion lying in such county. 1945-47 Op. Att'y Gen. p. 556; 1967 Op. Att'y Gen. No. 67-81.

Homestead exemption for land divided by county line.

- If land is divided by a county line, the applicant for homestead exemption is entitled to the exemption in each of the counties in proportion to the value of property located therein, provided all other requirements for exemptions are met. 1967 Op. Att'y Gen. No. 67-81.

RESEARCH REFERENCES

Am. Jur. 2d.

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

C.J.S.

- 84 C.J.S., Taxation, §§ 436 et seq., 443 et seq.

ALR.

- Liability for taxes accruing after execution of contract for sale of land and before conveyance, 12 A.L.R. 411.

Conditional sales in relation to taxation, 110 A.L.R. 1499.

Sufficiency of description of property on tax rolls or in tax proceedings, by reference to map, plat, or survey, 137 A.L.R. 184.

Cases Citing Georgia Code 48-5-15 From Courtlistener.com

Total Results: 4

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

SOUTHERN TAX CONSULTANTS, INC. v. Scott

Court: Supreme Court of Georgia | Date Filed: 1996-11-25

Citation: 478 S.E.2d 126, 267 Ga. 347, 96 Fulton County D. Rep. 4142, 1996 Ga. LEXIS 936

Snippet: OCGA § 48-5-15, but also how the agent will file the return — in the manner set forth in § 48-5-15 and by

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: its mineral interests under OCGA §§ 48-5-10 and 48-5-15; that Pickens County tax officials had no authority

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