§ 48-5-70. Short Title
This part shall be known and may be cited as the “Tax Deferral for the Elderly Act.” History. Code 1933, § 91A-2401, enacted by Ga. L. 1980, p. 1707, § 1.
§ 48-5-71. Definitions
As used in this part, the term: “Gross household income” means all income, for all individuals residing within the homestead, from whatever source derived including, but not limited to, the following sources: Compensation for services including fees, commissions, and similar items; Gross income derived from business; Gains derived from dealings in property; Interest; Rents; Royalties; […]
§ 48-5-72. Homestead Tax Deferral for Individuals 62 or Older; Demonstration of Compliance With Part
Any individual aged 62 or older who is entitled to claim a homestead exemption may elect to defer payment of all or part of the ad valorem taxes levied on such individual’s homestead by filing an annual application for tax deferral with the appropriate tax official on or before April 1 of the year for […]
§ 48-5-72.1. Alternative to Tax Deferral Authorized by Code Section 48-5-72; Burden on Applicant to Demonstrate Compliance
As an alternative to the tax deferral authorized by Code Section 48-5-72, any individual aged 62 or older residing within any county of this state having a population of 550,000 or more according to the United States decennial census of 1980 or any future such census who is entitled to claim a homestead exemption pursuant […]
§ 48-5-73. Limitations on Grant of Homestead Tax Deferral
No tax deferral in any one year shall be granted pursuant to Code Section 48-5-72: If the total amount of deferred taxes and interest plus the total amount of all other unsatisfied liens on the homestead exceeds 85 percent of the fair market value of the homestead as shown on the county tax digest for […]
§ 48-5-74. Application for Homestead Tax Deferral; Oath; Decision by Tax Official; Notice; Appeal to Board of Equalization; Procedure; Appeal to Superior Court; Information on Outstanding Liens; Proof of Insurance
The application for deferral shall be made upon a form prescribed by the department and furnished by the appropriate tax official. The application form shall advise the applicant of the manner in which interest is computed. Each application form shall contain an explanation of the conditions to be met for approval and the conditions under […]
§ 48-5-75. Rate of Interest on Amount of Deferred Taxes; Time of Accrual of Interest on Deferred Taxes
The amount of taxes deferred pursuant to this part shall accrue interest until paid at three-fourths of the rate specified in Code Section 48-2-40. Interest on taxes deferred pursuant to this part in any year shall begin accruing on the date the taxes were due in that year. History. Code 1933, § 91A-2405, enacted by […]
§ 48-5-76. Deferred Taxes and Interest Constitute Prior Lien; Effect of Award for Year’s Support on Liens for Deferred Taxes
The taxes and interest deferred pursuant to this part shall constitute a prior lien and shall attach as of the date and in the same manner and shall be collected as are other liens for taxes, as provided for under this title, but the deferred taxes and interest shall only be due, payable, and delinquent […]
§ 48-5-77. Annual Notification to Property Owner of Sum of Deferred Taxes and Interest Outstanding
Each year, at the time the tax bills are mailed, the appropriate tax official shall notify each property owner to whom a homestead tax deferral has been previously granted of the accumulated sum of deferred taxes and interest outstanding. History. Code 1933, § 91A-2408, enacted by Ga. L. 1980, p. 1707, § 1; Ga. L. […]
§ 48-5-78. Change in Ownership or Use Of, or Failure to Maintain Insurance On, Tax-Deferred Homestead; Payment of Deferred Taxes, Interest, and Unsatisfied Liens
In the event that there is a change in use of tax-deferred property so that the owner is no longer entitled to a homestead exemption for the property, or if the owner fails to maintain the required fire and extended insurance coverage, the total amount of deferred taxes and interest for all previous years shall […]
§ 48-5-79. Prepayment of Deferred Taxes and Accrued Interest; Partial Payments
All or part of the deferred taxes and accrued interest may be paid at any time to the appropriate tax official by: The owner of the property or the spouse of the owner; or The next of kin of the owner, heir of the owner, child of the owner, or any person having or claiming […]
§ 48-5-80. Distribution of Deferred Tax and Interest Payments; Duty to Keep Record of Property and Amount of Payment
When any deferred taxes or interest is collected, the appropriate tax official shall maintain a record of the payment, which record shall contain a description of the property and the amount of taxes or interest collected for the property. The appropriate tax official shall distribute payments received to the local tax jurisdictions to whom the […]
§ 48-5-81. Payment by Holder of Deed to Secure Debt or by Mortgagee; Effect on Right to Foreclose
If any holder of a deed to secure debt or any mortgagee elects to pay the taxes of an applicant who qualifies for and receives a tax deferral, such election shall not give the holder of the deed or the mortgagee the right to foreclose. History. Code 1933, § 91A-2415, enacted by Ga. L. 1980, […]
§ 48-5-82. Prohibition of Clauses Preventing Applications for Homestead Tax Deferral; Exceptions
Except with respect to requirements dictated by federal law, rule, or regulation, no mortgage, deed to secure debt, or other agreement may contain a provision, clause, or statement which prohibits the owner from claiming a real property tax deferral on his homestead. Any such provision, clause, or statement executed on or after July 1, 1980, […]
§ 48-5-83. Construction of Part
Nothing in this part shall be construed to prevent the collection of personal property taxes which become a lien against tax-deferred property. History. Code 1933, § 91A-2413, enacted by Ga. L. 1980, p. 1707, § 1.
§ 48-5-84. Penalties for Willfully Filing Incorrect Information
The following penalties shall be imposed on any person who willfully files information required under Code Sections 48-5-72, 48-5-72.1, and 48-5-78 which is incorrect: The person shall pay the total amount of taxes and interest deferred, which amount shall immediately become due; The person shall be disqualified from filing a homestead tax deferral application for […]