2022 Georgia Code
Title 48 - Revenue and Taxation
Chapter 5 - Ad Valorem Taxation of Property
Article 2 - Property Tax Exemptions and Deferral
Part 1 - Tax Exemptions
§ 48-5-41.3. [For Effective Date, See note.] Tax Exemption for Timber Equipment

1. As used in this Code section, the term:
   1. “Timber equipment” means:
      1. Any equipment other than motor vehicles, whether fixed or mobile, which is owned by or held under a lease-purchase agreement by a timber producer and directly used in the production or harvest of timber.
      2. 1. Equipment used in harvesting shall include all off-road equipment and related attachments used in every forestry procedure starting with the severing of a tree from the ground until and including the point at which the tree or its parts in any form has been loaded in the field in or on a truck or other vehicle for transport to the place of use.
         2. Such off-road equipment shall include, but not be limited to, skidders, feller bunchers, debarkers, delimbers, chip harvesters, tub-grinders, woods cutters, chippers of all types, loaders of all types, dozers, mid-motor graders, and the related attachments.
   2. “Timber producer” means any one or more individuals or any entity, which is registered to do business in this state, that is primarily engaged in the good faith subsistence or commercial production or harvest of timber products. Such persons may also be engaged in one or more of the following secondary practices:
      1. Land conservation and ecological forest management in which commercial production of wood and wood fiber products may be undertaken primarily for conservation and restoration purposes rather than financial gain;
      2. The promotion, preservation, or management of wildlife habitat;
      3. Carbon sequestration in accordance with the Georgia Carbon Sequestration Registry;
      4. Mitigation and conservation banking that results in restoration or conservation of wetlands and other natural resources; or
      5. The production and maintenance of ecosystem products and services, such as, but not limited to, clean air and water.
   3. “Timber products” means trees, timber, or other wood and wood fiber products grown from or on the land.
2. On and after January 1, 2023, timber equipment shall be exempt from all ad valorem property taxes in this state.

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History. Code 1981, § 48-5-41.3 , enacted by Ga. L. 2022, p. 736, § 1/HB 997.

Delayed effective date.

Ga. L. 2022, p. 736, § 2/HB 997, provides that this Code section shall become effective on January 1, 2023, only upon ratification of a resolution at the November, 2022, state-wide general election that grants a state-wide exemption from all ad valorem taxes for certain equipment used by timber producers in the production or harvest of timber.

Editor’s notes.

Ga. L. 2022, p. 736, § 2/HB 997, not codified by the General Assembly, provides: “The Secretary of State shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the entire state for approval or rejection. The Secretary of State shall conduct such election on the Tuesday next following the first Monday in November, 2022, and shall issue the call and conduct that election as provided by general law. The Secretary of State shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of each county in the state. The ballot shall have written or printed thereon the words:

“‘() YES Shall the Act be approved which grants a state-wide exemption from all ad valorem taxes for certain equipment used by timber producers in the production or harvest of timber?’ “ () NO

“All persons desiring to vote for approval of the Act shall vote ‘Yes,’ and all persons desiring to vote for rejection of the Act shall vote ‘No.’ If more than one-half of the votes cast on such question are for approval of the Act, Section 1 of this Act shall become of full force and effect on January 1, 2023, and shall be applicable to all tax years beginning on or after such date. If the Act is not so approved or if the election is not conducted as provided in this section, Section 1 of this Act shall not become effective, and this Act shall be automatically repealed on the first day of January immediately following that election date. It shall be the duty of each county election superintendent to certify the result thereof to the Secretary of State.”