Brian Vanderhoff's North Fulton Real Estate Blog: Homeowners Will Receive Delinquent Property Tax Notices if Homestead Tax Relief Grant Program Isn't Funded

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Tuesday, January 27, 2009

Homeowners Will Receive Delinquent Property Tax Notices if Homestead Tax Relief Grant Program Isn't Funded

Homeowners should pay close attention to budget discussions underway at the Capitol about the proposed elimination of the Homestead Tax Relief Grant (HTRG) Program. Governor Sonny Perdue has recommended not to reimburse local governments for this program, which provided a nearly $429 million tax break for homeowners on their 2008 property tax bills. For most homeowners, this credit amounted to a $200 - $300 savings each. A legal opinion issued by the Association County Commissioners of Georgia (ACCG) indicates that counties may not legally absorb the amount of these credits into their local government budget. This means that all homeowners will receive a delinquent property tax notice later this spring if reimbursement for the HTRG program is not included in the final budget passed by the General Assembly.

“We feel for our Governor and state legislators who are trying to fix a $2.2 billion budget shortfall and we know that they are very concerned about this program,” said Jerry Griffin, Executive Director of ACCG. “We just want everyone to understand that if this program is not funded, Georgia homeowners will have to get out their checkbooks to pay back the credit because counties have no legal authority to forgive taxes or lower the millage rate established in 2008 to offset the loss of the HTRG credit.”

“Residents in my county are very concerned about this issue,” said Lamar Paris, Sole Commissioner of Union County and 1st Vice-President of ACCG. “Many of our residents are already struggling to make ends meet, and an unexpected bill like this one will not make it any easier. I don’t know of any other state program proposed for elimination that would result in an immediate tax increase for Georgia homeowners.”

Homeowners have benefitted from HTRG since it was established through legislation in 1999. Local governments set their budgets and tax rate and then, in producing the tax bills, the Tax Commissioner calculates the value of the tax credit based on the combined millage rate (county, city and Board of Education) multiplied by an established value ($8,000 for 2008). The credit is subtracted from property tax bills and the local government files for reimbursement through the Georgia Department of Revenue. A line on the property tax bill clearly states that this credit comes from the State of Georgia, not local governments. The benefits of this program are entirely for the homeowner; local governments do not receive any of the funds.

The credit also is not a part of the county budgeting and millage rate setting process that are determined by following the Taxpayer Bill of Rights established through legislation by the General Assembly. Counties simply play an administrative role for the state in placing this credit on a homeowner’s property tax bill.

The Georgia General Assembly appropriated the funds for the 2008 HTRG credits through the General Appropriations Act in March 2008, which the Governor signed. Governor Perdue suspended the reimbursement in August 2008 based on the state’s projected budget shortfall. His budget recommendations call for not reimbursing the counties for the credit already issued to homeowners for last year’s property taxes and eliminating the program.

“Homeowners will be angry with both state and local officials if they receive a delinquent tax notice for their 2008 property taxes,” said Griffin. “We strongly encourage legislators to include the funding for the credit that homeowners have already received or we will all hear about it.”

About ACCG: It is the mission of the Association County Commissioners of Georgia to enhance the role, stature and responsiveness of county government in Georgia. Since counties are the level of government closest to the people and serve all the people of the state, ACCG will promote the ability of Georgia counties to provide public services responsibly, efficiently, and cost effectively through cooperative legislative action, education of public officials, provision of quality member services and technical assistance, and increasing public awareness of critical local government issues. http://www.accg.org

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# posted by Brian Vanderhoff @ 8:22 PM


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