12 Reasons to Take a Walk
2 months ago
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It’s an election year — tax-cut proposals advance in Georgia
STATE & REGIONAL GOVT & POLITICS | By James Salzer - The Atlanta Journal-Constitution
Updated: 6:28 p.m. Thursday, Feb. 25, 2016 | Posted: 6:05 p.m. Thursday, Feb. 25, 2016
#It’s an election year, and that means lawmakers probably can’t end the 2016 session without some kind of tax cut, or at least a last-minute debate on one.
#And state Senate Finance Chairman Judson Hill, R-Marietta, has just the ticket for election-wary politicians.
#The Senate could vote as early as Monday on proposals from Hill. One, Senate Resolution 756, is a proposed constitutional amendment that would make a small reduction in the state’s 6 percent maximum income tax rate if the state has relatively full reserves and revenue collections continue to rise.
#The other, a reworked House Bill 238, would cut the maximum state income tax from 6 percent to 5.4 percent, reduce the number of itemized deductions, raise personal exemptions and eliminate the state’s corporate net worth tax that companies pay.
#Both measures overwhelmingly passed his committee this week. Hill calls them a conservative approach to tax reform. “Would I like to do more?” Hill said. “I would, but something is better than nothing.”
#Gov. Nathan Deal warned lawmakers off any major tax cut bills this session, saying his goal was to build the state’s reserves to $2 billion before he leaves office. There has been little talk of tax cuts this session beyond the usual special-interest breaks...
Legislation introduced that will change LOST policies between cities, counties
State Representative Jay Powell (R-Camilla), Chairman of the Ways and Means Committee, which sets all tax policy in the House, introduced House Resolution 1344 and House Bill 1055, a constitutional amendment and enabling legislation, on Thursday.
The legislation would impact negotiations between counties and cities over the distribution of the 1 cent Local Option Sales Tax (LOST), a major source of revenue for many of Georgia’s cities and counties, thus reducing their reliance on property taxes and giving property tax relief to millions of Georgia property owners.
“The way counties and cities are currently conducting LOST negotiations is an inexcusable waste of taxpayers’ hard earned money, often costing hundreds of thousands, or even millions of dollars, in expert fees, consultants, studies, legal costs and litigation fees; monies which would be better spent repairing, maintaining and even expanding infrastructure and our transportation system,” said Rep. Powell. “It is my hope that the possibility of forever losing the benefit of this tax will help local officials focus on reaching an agreement on distribution of LOST proceeds, but if not, I am sure our local school boards would welcome an opportunity to utilize this new funding source while reducing the property tax burden imposed on taxpayers for the support of our schools.”
Existing law requires that those counties which have enacted a LOST schedule negotiations every ten years to determine how the tax proceeds will be divided among the cities and counties for the ensuing ten year period. According to Rep. Powell, these negotiations often are long-drawn-out, divisive, expensive, and frequently result in costly litigation. To encourage county and city officials to negotiate in good faith and reach a timely resolution of the issues involved in determining future tax negotiations, Powell’s proposal introduces a “nuclear option” in the event counties and cities fail to agree on a distribution formula of the monies generated by the LOST. This nuclear option penalizes those who fail to agree, by terminating the LOST and preventing its reinstitution, or that of a similar tax known as the HOST for a five year period. HOST is the only similar type of tax currently available by statute.
Cities have the power to raise property taxes and expand services, even when their charters attempt to impose limitations, according to legal opinions prepared for Georgia senators.
The opinions, cited in this week’s final report of a Senate task force on cityhood, said the Georgia Constitution gives city councils control over local taxes and service levels. Referendums seeking voter approval aren’t required before city councils take action, the opinions say.
Cities can use their “home rule” authority to remove millage rate caps, according to a legal opinion by Deputy Legislative Counsel Jeff Lanier. Millage caps were included in the legislation that created the cities of Brookhaven, Tucker and others...
A bid to exempt Atlanta seniors from school taxes fails again
The Georgia House rejected a measure Tuesday that would let Atlanta voters decide whether to exempt many seniors from paying Atlanta Public Schools taxes amid opposition from critics who worry it would undercut the system’s budget. State Rep. Beth Beskin, a Buckhead Republican, said House Bill 633 would help convince older and more affluent residents from bolting to neighboring counties like Cobb and DeKalb that already offer more generous tax exemptions.
“There’s a reason seniors aren’t moving to the city of Atlanta and they’re not staying here,” said Beskin, a freshman lawmaker. “I know many people, and I’m sure you do too, who move to adjoining counties because the tax burden is onerous.”
Atlanta already has an exemption for seniors ages 65 and older who earn $25,000 or less annually. Beskin’s bill would broaden the exemption to all seniors once they turn 70. The measure was approved by Atlanta’s local delegation but failed earlier this session in the House. Atlanta schools officials worry the bill would undermine the system’s fiscal health at a tumultuous time, and it failed to earn two-thirds support amid scattered bipartisan opposition.
Section 5 -permits taxpayer to opt-in for electronic notice and billing of taxes at the discretion of the tax commissioner;
Section 6 -further specifies obstruction language regarding levying officers;
Section 7 -requires levying (counties and cities) and recommending (e.g., school boards) authorities to post a on their website, if available, a report that has been required in the past; report must appear in newspaper of general circulation for one week (as opposed to two);
Section 8 -permits taxpayers to opt-in for electronic notices and billing of ad valorem taxes;
Section 9 -extends time for completing digest to September 1 (from August 1); -outlines requirements for penalties for incomplete or improper tax digests; -tax commissioners forfeit portions of commission depending on how long it take for proper submission;
Section 10 -outlines joint boards of assessors between counties and the process of an intergovernmental agreement for such purposes;
Section 11 -specifies the use of the Standard on Ratio Studies published by the International Association of Assessing Officers as tax digest in being prepared;
Section 12 -establishes 10% penalty on assessment of unreturned personal property; -outlines a two year assessment freeze and exceptions;
Section 13 -changes completion date for revision and assessment of returns from July 1 to July 15, except in counties where taxes collected in installments, where date remains June 1;
Section 14 -clarifies that hearing officer method of appeal available for non-homestead property with value in excess of $750k (reduced from 1M) and for wireless property with aggregate FMV in excess of $750k (new provision for wireless property); -clarifies that methodology information may be obtained from board of assessors by way of a document request; adds enforcement mechanism for failure to comply with document requests, including assessment of attorneys’ fees;
Section 15 -defines appeal administrator for board of equalization as clerk of superior court, with distinct budget unit for such duties; -establishes 12 month document retention period; -sets standards for board of equalization members; -outlines process for appeals; -board of equalization must decide each case at end of hearing prior to proceeding to next appeal, written decision hand delivered to parties;
Section 16 -outlines nonbinding arbitration process (replacing binding arbitration process) and process of appeals to superior court, including settlement conference; -establishes uniform superior court filing fee of $25.00; -lowers threshold for mandatory attorneys’ fees on commercial property from 80% to 85% (now the same for all real property)
Section 17-RESERVED
Section 18 -specifies that each digest shall be accompanied by all documents, statistics, and certifications relating to parcels under appeal; -removes penalty for deviation from assessment ratio appearing in subparagraph (b) for digests after 1/1/2016...