 |
GEORGIA CODE (Last Updated: August 20, 2013) |
 |
Title 48. REVENUE AND TAXATION |
|
|
Chapter 6. TAXATION OF INTANGIBLES |
|
|
Article 1. REAL ESTATE TRANSFER TAX |
| § 48-6-1. Transfer tax rate |
| § 48-6-2. Exemption of certain instruments, deeds, or writings from real estate transfer tax; requirement that consideration be shown |
| § 48-6-3. Persons required to pay real estate transfer tax |
| § 48-6-4. Payment of tax prerequisite to filing deed, instrument, or other writing; certification of payment; recording certification with deed |
| § 48-6-5. Clerks of superior courts responsible for tax collecting; fees |
| § 48-6-6. Annual report of tax distribution |
| § 48-6-7. Refund of erroneously or illegally collected tax; procedure for filing claim; action for refund in superior court upon denial of claim; manner of paying refund |
| § 48-6-8. Distribution of tax revenues among state and other tax jurisdictions and districts. |
| § 48-6-9. Failure to collect, account for, and pay over tax imposed by article; penalty |
| § 48-6-10. Evasion of tax imposed by article; penalty |
REFS & ANNOS
TITLE 48 Chapter 6 Article 1 NOTE
JUDICIAL DECISIONS
REAL ESTATE TRANSFER TAX IS NOT A TAX ON THE PROPERTY AS SUCH, as is the ad valorem tax which is charged against the owner of the property or against the specific property. Rather, it is an excise tax on transactions involving the sale of property. City of Columbus v. Ronald A. Edwards Constr. Co., 155 Ga. App. 502, 271 S.E.2d 643 (1980).
REAL ESTATE TRANSFER TAX DOES NOT PREEMPT BUILDER-CONTRACTOR'S LICENSE TAX. --Real estate transfer tax does not preempt city's gross receipts tax, which is a license tax required by city ordinance as a condition precedent before a builder-contractor can carry on everyday business. City of Columbus v. Ronald A. Edwards Constr. Co., 155 Ga. App. 502, 271 S.E.2d 643 (1980).
CITY GROSS RECEIPTS TAX IS NOT SPECIAL LAW COVERING SUBJECT ALREADY COVERED BY GENERAL LAW. --City's gross receipts tax is distinguishable from the real estate transfer tax, which is imposed on every transferor of real property on each individual sale of such property, regardless of whether the transferor has a license to sell real property and regardless of whether such transferor is subject to a gross receipts tax, and hence is not a special law for which provision has been made by an existing general law. City of Columbus v. Ronald A. Edwards Constr. Co., 155 Ga. App. 502, 271 S.E.2d 643 (1980).
OPINIONS OF THE ATTORNEY GENERAL
EDITOR'S NOTES. --In light of the similarity of the provisions, opinions under former Code 1933, Ch. 92-8 are included in the annotations for this article.
EXEMPTION OF TRANSACTIONS TO WHICH NATIONAL BANK A PARTY. --Real estate transfer tax cannot be levied on any transaction to which a national bank is a party. National banks are still instrumentalities of the United States government which, together with all of the government's agencies and instrumentalities, is immune from state taxation, unless Congress consents to such taxation. 1968 Op. Att'y Gen. No. 68-360 (decided under former Code 1933, Ch. 92-8).
APPLICABILITY TO PROPERTY ACQUIRED BY DEPARTMENT OF TRANSPORTATION. --Tax on transfer of real property does not apply to property acquired by the Department of Transportation under the authority of Ga. L. 1973, p. 947, § 1 (see O.C.G.A. Art. 1, Ch. 3, T. 32). 1974 Op. Att'y Gen. No. U74-56 (decided under former Code 1933, Ch. 92-8).
TAXATION OF EXCHANGE OF REALTY. --Real estate transactions which involve an exchange of realty and in which no cash or monetary consideration changes hands are subject to the transfer tax. 1968 Op. Att'y Gen. No. 68-71 (decided under former Code 1933, Ch. 92-8).
BASIS FOR COMPUTATION OF TAX ON LONG-TERM LEASE. --Computation of the real estate transfer tax on a long-term lease is based on the consideration (rent) when it is definite in amount, or may be definitely determined and on the value of the interest conveyed when the consideration is indefinite or is left open to be fixed by future contingencies. 1968 Op. Att'y Gen. No. 68-519 (decided under former Code 1933, Ch. 92-8).
RESEARCH REFERENCES
ALR. --Life insurance as affecting transfer or succession tax, 63 ALR 394; 92 ALR 943; 118 ALR 324; 150 ALR 1268.
"Business situs" for purposes of property taxation of intangibles in state other than domicile of owner, 143 ALR 361.
Computation of tax upon conveyance to mortgagee upon foreclosure, or upon direct conveyance by mortgagor to mortgagee, 73 ALR2d 157.
REAL ESTATE TRANSFER TAX IS NOT A TAX ON THE PROPERTY AS SUCH, as is the ad valorem tax which is charged against the owner of the property or against the specific property. Rather, it is an excise tax on transactions involving the sale of property. City of Columbus v. Ronald A. Edwards Constr. Co., 155 Ga. App. 502, 271 S.E.2d 643 (1980).
REAL ESTATE TRANSFER TAX DOES NOT PREEMPT BUILDER-CONTRACTOR'S LICENSE TAX. --Real estate transfer tax does not preempt city's gross receipts tax, which is a license tax required by city ordinance as a condition precedent before a builder-contractor can carry on everyday business. City of Columbus v. Ronald A. Edwards Constr. Co., 155 Ga. App. 502, 271 S.E.2d 643 (1980).
CITY GROSS RECEIPTS TAX IS NOT SPECIAL LAW COVERING SUBJECT ALREADY COVERED BY GENERAL LAW. --City's gross receipts tax is distinguishable from the real estate transfer tax, which is imposed on every transferor of real property on each individual sale of such property, regardless of whether the transferor has a license to sell real property and regardless of whether such transferor is subject to a gross receipts tax, and hence is not a special law for which provision has been made by an existing general law. City of Columbus v. Ronald A. Edwards Constr. Co., 155 Ga. App. 502, 271 S.E.2d 643 (1980).
OPINIONS OF THE ATTORNEY GENERAL
EDITOR'S NOTES. --In light of the similarity of the provisions, opinions under former Code 1933, Ch. 92-8 are included in the annotations for this article.
EXEMPTION OF TRANSACTIONS TO WHICH NATIONAL BANK A PARTY. --Real estate transfer tax cannot be levied on any transaction to which a national bank is a party. National banks are still instrumentalities of the United States government which, together with all of the government's agencies and instrumentalities, is immune from state taxation, unless Congress consents to such taxation. 1968 Op. Att'y Gen. No. 68-360 (decided under former Code 1933, Ch. 92-8).
APPLICABILITY TO PROPERTY ACQUIRED BY DEPARTMENT OF TRANSPORTATION. --Tax on transfer of real property does not apply to property acquired by the Department of Transportation under the authority of Ga. L. 1973, p. 947, § 1 (see O.C.G.A. Art. 1, Ch. 3, T. 32). 1974 Op. Att'y Gen. No. U74-56 (decided under former Code 1933, Ch. 92-8).
TAXATION OF EXCHANGE OF REALTY. --Real estate transactions which involve an exchange of realty and in which no cash or monetary consideration changes hands are subject to the transfer tax. 1968 Op. Att'y Gen. No. 68-71 (decided under former Code 1933, Ch. 92-8).
BASIS FOR COMPUTATION OF TAX ON LONG-TERM LEASE. --Computation of the real estate transfer tax on a long-term lease is based on the consideration (rent) when it is definite in amount, or may be definitely determined and on the value of the interest conveyed when the consideration is indefinite or is left open to be fixed by future contingencies. 1968 Op. Att'y Gen. No. 68-519 (decided under former Code 1933, Ch. 92-8).
RESEARCH REFERENCES
ALR. --Life insurance as affecting transfer or succession tax, 63 ALR 394; 92 ALR 943; 118 ALR 324; 150 ALR 1268.
"Business situs" for purposes of property taxation of intangibles in state other than domicile of owner, 143 ALR 361.
Computation of tax upon conveyance to mortgagee upon foreclosure, or upon direct conveyance by mortgagor to mortgagee, 73 ALR2d 157.