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2021 Georgia Code
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
- In light of the similarity of the statutory 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, ยง 1 (see now 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 A.L.R. 394; 92 A.L.R. 943; 118 A.L.R. 324; 150 A.L.R. 1268."Business situs" for purposes of property taxation of intangibles in state other than domicile of owner, 143 A.L.R. 361.
Computation of tax upon conveyance to mortgagee upon foreclosure, or upon direct conveyance by mortgagor to mortgagee, 73 A.L.R.2d 157.
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