Georgia 2025-2026 Regular Session

Georgia House Bill HB445 Compare Versions

OldNewDifferences
1-25 LC 50 1268S
2-The Senate Committee on Rules offered the following
3-substitute to HB 445:
1+25 LC 50 1095
2+House Bill 445
3+By: Representative Martin of the 49
4+th
5+
46 A BILL TO BE ENTITLED
57 AN ACT
6-To amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and1
7-taxation, so as to revise the language required to be included in the notices of current2
8-assessment relative to property taxes; to add hearing officer review for tax assessment of3
9-certain business personal property; to provide for an income tax credit for the purchase of4
10-certain emergency power generation components to certain convenience stores and skilled5
11-nursing facilities; to provide terms, conditions, and procedures; to limit the tax credit and6
12-carry-forward period; to provide for an aggregate cap; to provide for automatic repeal; to7
13-provide for rules and regulations; to provide for definitions; to provide for legislative8
14-findings; to provide for related matters; to repeal conflicting laws; and for other purposes.9
15-BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:10
16-PART I11
17-SECTION 1-1.12
18-Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is13
19-amended in Code Section 48-5-306, relating to annual notice of current assessment, contents,14
20-- 1 - 25 LC 50 1268S
21-posting notice, and new assessment description relative to ad valorem taxation of property,15
22-by revising paragraph (2) of subsection (b) as follows:16
23-"(2) In addition to the items required under paragraph (1) of this subsection, the notice17
24-shall contain a statement of the taxpayer's right to an appeal which shall be in18
25-substantially the following form:19
26-'The amount of your ad valorem tax bill for this year will be based on the appraised and20
27-assessed values specified in this notice. You have the right to appeal these values to the21
28-county board of tax assessors. At the time of filing your appeal you must select one of22
29-the following options:23
30-(A) An appeal to the county board of equalization with appeal to the superior court;24
31-(B) To arbitration without an appeal to the superior court; or25
32-(C) To a hearing officer with appeal to the superior court for any:26
33-(i) Parcel For a parcel of nonhomestead property with a fair market value in excess27
34-of $500,000.00 as shown on the taxpayer's annual notice of current assessment under28
35-this Code section, or for one;29
36-(ii) One or more account numbers of wireless property as defined in30
37-subparagraph (e.1)(1)(B) of Code Section 48-5-311 with an aggregate fair market31
38-value in excess of $500,000.00 as shown on the taxpayer's annual notice of current32
39-assessment under this Code section, to a hearing officer with appeal to the superior33
40-court; or34
41-(iii) One or more account numbers of any taxable tangible personal property other35
42-than wireless property as defined in subparagraph (e.1)(1)(B) of Code36
43-Section 48-5-311 with an aggregate fair market value in excess of $200,000.00 as37
44-shown on the taxpayer's annual notice of current assessment under this Code section.38
45-If you wish to file an appeal, you must do so in writing no later than 45 days after the date39
46-of this notice. If you do not file an appeal by this date, your right to file an appeal will be40
47-lost. For further information on the proper method for filing an appeal, you may contact41
48-- 2 - 25 LC 50 1268S
49-the county board of tax assessors which is located at: (insert address) and which may be42
50-contacted by telephone at: (insert telephone number).'"43
51-SECTION 1-2.44
52-Said title is further amended in Code Section 48-5-311, relating to creation of county boards45
53-of equalization, duties, review of assessments, and appeals, by revising46
54-subparagraph (e)(1)(A) and paragraphs (1) and (2) of subsection (e.1) as follows:47
55-"(1)(A) Any taxpayer or property owner as of the last date for filing an appeal may48
56-elect to file an appeal from an assessment by the county board of tax assessors to:49
57-(i) The county board of equalization as to matters of taxability, uniformity of50
58-assessment, and value, and, for residents, as to denials of homestead exemptions51
59-pursuant to paragraph (2) of this subsection;52
60-(ii) An arbitrator as to matters of value pursuant to subsection (f) of this Code53
61-section;54
62-(iii) A hearing officer as to matters of value and uniformity of assessment for a parcel55
63-of nonhomestead real property with a fair market value in excess of $500,000.00 as56
64-shown on the taxpayer's annual notice of current assessment under Code57
65-Section 48-5-306, and any contiguous nonhomestead real property owned by the same58
66-taxpayer, pursuant to subsection (e.1) of this Code section; or59
67-(iv) A hearing officer as to matters of values or uniformity of assessment of one or60
68-more account numbers of wireless property as defined in subparagraph (e.1)(1)(B) of61
69-this Code section with an aggregate fair market value in excess of $500,000.00 as62
70-shown on the taxpayer's annual notice of current assessment under Code63
71-Section 48-5-306, pursuant to subsection (e.1) of this Code section; or64
72-(v) A hearing officer as to matters of values or uniformity of assessment of one or65
73-more account numbers of any taxable tangible personal property other than wireless66
74-property as defined in subparagraph (e.1)(1)(B) of this Code section with an aggregate67
75-- 3 - 25 LC 50 1268S
76-fair market value in excess of $200,000.00 as shown on the taxpayer's annual notice68
77-of current assessment under Code Section 48-5-306, pursuant to subsection (e.1) of69
78-this Code section."70
79-"(1)(A) For any dispute involving the value or uniformity of a parcel of nonhomestead71
80-real property with a fair market value in excess of $500,000.00 as shown on the72
81-taxpayer's annual notice of current assessment under Code Section 48-5-306, at the73
82-option of the taxpayer, an appeal may be submitted to a hearing officer in accordance74
83-with this subsection. If such taxpayer owns nonhomestead real property contiguous to75
84-such qualified nonhomestead real property, at the option of the taxpayer, such76
85-contiguous property may be consolidated with the qualified property for purposes of the77
86-hearing under this subsection.78
87-(B)(i) As used in this subparagraph, the term 'wireless property' means tangible79
88-personal property or equipment used directly for the provision of wireless services by80
89-a provider of wireless services which is attached to or is located underneath a wireless81
90-cell tower or at a network data center location but which is not permanently affixed82
91-to such tower or data center so as to constitute a fixture.83
92-(ii) For any dispute involving the values or uniformity of one or more account84
93-numbers of wireless property as defined in this subparagraph with an aggregate fair85
94-market value in excess of $500,000.00 as shown on the taxpayer's annual notice of86
95-current assessment under Code Section 48-5-306, at the option of the taxpayer, an87
96-appeal may be submitted to a hearing officer in accordance with this subsection.88
97-(C) For any dispute involving the values or uniformity of one or more account numbers89
98-of any taxable tangible personal property other than wireless property as defined in90
99-subparagraph (B) of this paragraph with an aggregate fair market value in excess91
100-of $200,000.00 as shown on the taxpayer's annual notice of current assessment under92
101-Code Section 48-5-306, at the option of the taxpayer, an appeal may be submitted to a93
102-hearing officer in accordance with this subsection.94
103-- 4 - 25 LC 50 1268S
104-(2)(A) Individuals desiring to serve as hearing officers and who are either:95
105-(i) State state certified general real property appraisers or state certified residential96
106-real property appraisers as classified by the Georgia Real Estate Commission and the97
107-Georgia Real Estate Appraisers Board for real property appeals; or are98
108-(ii) Designated designated appraisers by a nationally recognized appraiser's99
109-organization for wireless property appeals 100
110-shall complete and submit an application, a list of counties the hearing officer is willing101
111-to serve, a disqualification questionnaire, and a resume and be approved by the Georgia102
112-Real Estate Commission and the Georgia Real Estate Appraisers Board to serve as a103
113-hearing officer. The Georgia Real Estate Appraisers Board Such board shall annually104
114-publish a list of qualified and approved hearing officers for Georgia.105
115-(B)(i) Any individual who is a former or current Appraiser IV or chief appraiser and106
116-desires to serve as a hearing officer for taxable tangible personal property other than107
117-wireless property as defined in subparagraph (B) of paragraph (1) of this subsection108
118-shall complete and submit an application, a list of counties the hearing officer is109
119-willing to serve, a disqualification questionnaire, and a resume to the Georgia Real110
120-Estate Commission and the Georgia Real Estate Appraisers Board for review and111
121-approval to serve as a hearing officer with respect to such taxable tangible personal112
122-property appeals provided for in subparagraph (C) of paragraph (1) of this subsection.113
123-(ii) The Georgia Real Estate Appraisers Board shall annually publish a list of such114
124-qualified and approved hearing officers and a list of counties such hearing officers are115
125-willing to serve.116
126-(iii) With respect to this subparagraph and subparagraph (C) of paragraph (1) of this117
127-subsection, no Appraiser IV or chief appraiser shall be eligible to serve as a hearing118
128-officer for any county for which such person served as an Appraiser IV or chief119
129-appraiser."120
130-- 5 - 25 LC 50 1268S
131-PART II121
132-SECTION 2-1.122
133-Said title is further amended in Article 2 of Chapter 7, relating to imposition, rate,123
134-computation, exemptions, and credits relative to income taxes, by adding a new Code section124
135-to read as follows:125
136-"48-7-29.27.126
137-(a)(1) The General Assembly finds and determines that Hurricane Helene had a127
138-catastrophic impact on the citizens and the economy of Georgia.128
139-(2) The General Assembly further finds and declares that it is appropriate and advisable129
140-to ensure the state is better prepared for future weather events by incentivizing certain130
141-critical businesses to prepare for the use of generators such that the entire region will be131
142-able to recover faster.132
143-(b) For purposes of this Code section, the term:133
144-(1) 'Convenience store' means a retail establishment which offers for sale packaged or134
145-unprepared food and grocery items for consumption off the premises and may sell fuel135
146-products, household items, or tobacco products and has less than 10,000 square feet of136
147-retail floor space.137
148-(2) 'Emergency power generation components' means the transfer switch or switches138
149-required to connect a generator to a facility in order to provide electricity during utility139
150-power outages.140
151-(3) 'Skilled nursing facility' means an institution or a distinct part of such institution141
152-which is primarily engaged in providing inpatient skilled nursing care and related services142
153-for patients who require medical or nursing care or rehabilitation services for the143
154-rehabilitation of injured, disabled, or sick persons.144
155-(c)(1) A taxpayer shall be allowed a tax credit against the tax imposed under this article145
156-for expenditures made between July 1, 2025, and December 31, 2026, for the purchase146
157-- 6 - 25 LC 50 1268S
158-and installation of emergency power generation components, provided that any such147
159-purchase is not for the purpose of resale.148
160-(2) The tax credit allowed under this Code section shall only be applied over a period of149
161-five taxable years and shall not exceed $5,000.00 for any taxable year, and no amount150
162-shall be allowed or carried forward after such years.151
163-(3) A taxpayer shall only be eligible for the tax credit allowed under this Code section152
164-once per convenience store or skilled nursing facility owned or operated by such153
165-taxpayer. No taxpayer shall be eligible for the tax credit allowed under this Code section154
166-for more than five convenience stores.155
167-(d) To claim a tax credit allowed pursuant to this Code section, a taxpayer shall attach to156
168-such taxpayer's state tax return:157
169-(1) Certification from the taxpayer that:158
170-(A) The requirements of this Code section have been met; and159
171-(B) It is the intent of such taxpayer to operate during normal business hours during a160
172-power outage through use of a generator, if such operation is otherwise safe and lawful;161
173-and162
174-(2) Any other information required by the commissioner.163
175-(e)(1) Any tax credit allowed pursuant to this Code section shall be claimed on the164
176-taxpayer's 2026 tax return.165
177-(2) In no event shall the aggregate amount of tax credits allowed under this Code section166
178-exceed $5 million.167
179-(3) In no event shall the total amount of any tax credit allowed under this Code section168
180-for a taxable year exceed the taxpayer's income tax liability. No such tax credit shall be169
181-allowed the taxpayer against prior years' tax liability. Except as provided in170
182-subsection (c) of this Code section, no amount of the tax credit shall be allowed to be171
183-carried forward to apply to the taxpayer's succeeding years' tax liability.172
184-- 7 - 25 LC 50 1268S
185-(f) A taxpayer seeking to claim a tax credit pursuant to this Code section shall submit an173
186-application to the department for preapproval of such tax credit, in the manner specified174
187-by the department. The department shall preapprove the tax credits within 30 days based175
188-on the order in which properly completed applications were submitted. In the event that176
189-two or more applications were submitted on the same day and the amount of funds177
190-available will not be sufficient to fully fund the tax credits requested, the commissioner178
191-shall prorate the available funds between or among the applicants.179
192-(g) The commissioner shall be authorized to promulgate any rules and regulations180
193-necessary to implement and administer this Code section.181
194-(h) This Code section shall stand repealed on December 31, 2031."182
195-PART III183
196-SECTION 3-1.184
197-All laws and parts of laws in conflict with this Act are repealed.185
198-- 8 -
8+To amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad
9+1
10+valorem taxation of property, so as to revise the language required to be included in the2
11+notices of current assessment; to add hearing officer review for tax assessment of certain3
12+business personal property; to provide for related matters; to repeal conflicting laws; and for4
13+other purposes.5
14+BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6
15+SECTION 1.7
16+Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem8
17+taxation of property, is amended in Code Section 48-5-306, relating to annual notice of9
18+current assessment, contents, posting notice, and new assessment description, by revising10
19+paragraph (2) of subsection (b) as follows:11
20+"(2) In addition to the items required under paragraph (1) of this subsection, the notice12
21+shall contain a statement of the taxpayer’s right to an appeal which shall be in13
22+substantially the following form:14
23+'The amount of your ad valorem tax bill for this year will be based on the appraised and15
24+assessed values specified in this notice. You have the right to appeal these values to the16
25+H. B. 445
26+- 1 - 25 LC 50 1095
27+county board of tax assessors. At the time of filing your appeal you must select one of
28+17
29+the following options:18
30+(A) An appeal to the county board of equalization with appeal to the superior court;19
31+(B) To arbitration without an appeal to the superior court; or20
32+(C) To a hearing officer with appeal to the superior court for any:
33+21
34+(i) Parcel For a parcel of nonhomestead property with a fair market value in excess22
35+of $500,000.00 as shown on the taxpayer's annual notice of current assessment under23
36+this Code section, or for one;24
37+(ii) One or more account numbers of wireless property as defined in25
38+subparagraph (e.1)(1)(B) of Code Section 48-5-311 with an aggregate fair market26
39+value in excess of $500,000.00 as shown on the taxpayer’s annual notice of current27
40+assessment under this Code section, to a hearing officer with appeal to the superior28
41+court; or29
42+(iii) One or more account numbers of any taxable tangible personal property other30
43+than wireless property as defined in subparagraph (e.1)(1)(B) of Code31
44+Section 48-5-311 with an aggregate fair market value in excess of $200,000.00 as32
45+shown on the taxpayer's annual notice of current assessment under this Code section.33
46+If you wish to file an appeal, you must do so in writing no later than 45 days after the date34
47+of this notice. If you do not file an appeal by this date, your right to file an appeal will be35
48+lost. For further information on the proper method for filing an appeal, you may contact36
49+the county board of tax assessors which is located at: (insert address) and which may be37
50+contacted by telephone at: (insert telephone number).'"38
51+SECTION 2.39
52+Said chapter is further amended in Code Section 48-5-311, relating to creation of county40
53+boards of equalization, duties, review of assessments, and appeals, by revising41
54+subparagraph (e)(1)(A) and paragraphs (1) and (2) of subsection (e.1) as follows:42
55+H. B. 445
56+- 2 - 25 LC 50 1095
57+"(1)(A) Any taxpayer or property owner as of the last date for filing an appeal may
58+43
59+elect to file an appeal from an assessment by the county board of tax assessors to:44
60+(i) The county board of equalization as to matters of taxability, uniformity of45
61+assessment, and value, and, for residents, as to denials of homestead exemptions46
62+pursuant to paragraph (2) of this subsection;47
63+(ii) An arbitrator as to matters of value pursuant to subsection (f) of this Code48
64+section;49
65+(iii) A hearing officer as to matters of value and uniformity of assessment for a parcel50
66+of nonhomestead real property with a fair market value in excess of $500,000.00 as51
67+shown on the taxpayer's annual notice of current assessment under Code52
68+Section 48-5-306, and any contiguous nonhomestead real property owned by the same53
69+taxpayer, pursuant to subsection (e.1) of this Code section; or
70+54
71+(iv) A hearing officer as to matters of values or uniformity of assessment of one or55
72+more account numbers of wireless property as defined in subparagraph (e.1)(1)(B) of56
73+this Code section with an aggregate fair market value in excess of $500,000.00 as57
74+shown on the taxpayer's annual notice of current assessment under Code58
75+Section 48-5-306, pursuant to subsection (e.1) of this Code section; or59
76+(v) A hearing officer as to matters of values or uniformity of assessment of one or60
77+more account numbers of any taxable tangible personal property other than wireless61
78+property as defined in subparagraph (e.1)(1)(B) of this Code section with an aggregate62
79+fair market value in excess of $200,000.00 as shown on the taxpayer's annual notice63
80+of current assessment under Code Section 48-5-306, pursuant to subsection (e.1) of64
81+this Code section."65
82+"(1)(A) For any dispute involving the value or uniformity of a parcel of nonhomestead66
83+real property with a fair market value in excess of $500,000.00 as shown on the67
84+taxpayer's annual notice of current assessment under Code Section 48-5-306, at the68
85+option of the taxpayer, an appeal may be submitted to a hearing officer in accordance69
86+H. B. 445
87+- 3 - 25 LC 50 1095
88+with this subsection. If such taxpayer owns nonhomestead real property contiguous to
89+70
90+such qualified nonhomestead real property, at the option of the taxpayer, such71
91+contiguous property may be consolidated with the qualified property for purposes of the72
92+hearing under this subsection.73
93+(B)(i) As used in this subparagraph, the term 'wireless property' means tangible74
94+personal property or equipment used directly for the provision of wireless services by75
95+a provider of wireless services which is attached to or is located underneath a wireless76
96+cell tower or at a network data center location but which is not permanently affixed77
97+to such tower or data center so as to constitute a fixture.78
98+(ii) For any dispute involving the values or uniformity of one or more account79
99+numbers of wireless property as defined in this subparagraph
100+ with an aggregate fair80
101+market value in excess of $500,000.00 as shown on the taxpayer's annual notice of81
102+current assessment under Code Section 48-5-306, at the option of the taxpayer, an82
103+appeal may be submitted to a hearing officer in accordance with this subsection.83
104+(C) For any dispute involving the values or uniformity of one or more account numbers84
105+of any taxable tangible personal property other than wireless property as defined in85
106+subparagraph (B) of this paragraph with an aggregate fair market value in excess86
107+of $200,000.00 as shown on the taxpayer's annual notice of current assessment under87
108+Code Section 48-5-306, at the option of the taxpayer, an appeal may be submitted to a88
109+hearing officer in accordance with this subsection.89
110+(2)(A) Individuals desiring to serve as hearing officers and who are either:90
111+(i) State state certified general real property appraisers or state certified residential91
112+real property appraisers as classified by the Georgia Real Estate Commission and the92
113+Georgia Real Estate Appraisers Board for real property appeals; or are93
114+(ii) Designated designated appraisers by a nationally recognized appraiser's94
115+organization for wireless property appeals 95
116+H. B. 445
117+- 4 - 25 LC 50 1095
118+shall complete and submit an application, a list of counties the hearing officer is willing
119+96
120+to serve, a
121+ disqualification questionnaire, and a resume and be approved by the Georgia97
122+Real Estate Commission and the Georgia Real Estate Appraisers Board to serve as a98
123+hearing officer. The Georgia Real Estate Appraisers Board Such board shall annually99
124+publish a list of qualified and approved hearing officers for Georgia.100
125+(B)(i) Any individual who is a former or current Appraiser IV or chief appraiser and101
126+desires to serve as a hearing officer for taxable tangible personal property other than102
127+wireless property as defined in subparagraph (B) of paragraph (1) of this subsection103
128+shall complete and submit an application, a list of counties the hearing officer is104
129+willing to serve, a disqualification questionnaire, and a resume to the Georgia Real105
130+Estate Commission and the Georgia Real Estate Appraisers Board for review and106
131+approval to serve as a hearing officer with respect to such taxable tangible personal107
132+property appeals provided for in subparagraph (C) of paragraph (1) of this subsection.108
133+(ii) The Georgia Real Estate Appraisers Board shall annually publish a list of such109
134+qualified and approved hearing officers and a list of counties such hearing officers are110
135+willing to serve.111
136+(iii) With respect to this subparagraph and subparagraph (C) of paragraph (1) of this112
137+subsection, no Appraiser IV or chief appraiser shall be eligible to serve as a hearing113
138+officer for any county for which such person served as an Appraiser IV or chief114
139+appraiser."115
140+SECTION 3.116
141+All laws and parts of laws in conflict with this Act are repealed.117
142+H. B. 445
143+- 5 -