Definitions

As used in this part, the term: (1) “Gross household income” means all income, for all individuals 530 48-5-71 residing within the homestead, from whatever source derived including, but not limited to, the following sources: (A) Compensation for services including fees, commissions, and similar items; (B) Gross income derived from business; (C) Gains derived from dealings in property; (D) Interest; (E) Rents; (F) Royalties; (G) Dividends; (H) Alimony and separate maintenance payments; (I) Income from life insurance and endowment contracts; (J) Annuities; (K) Pensions; (L) Income from discharge of indebtedness; (M) Distributive share of partnership gross income; (N) Income from an interest in an estate or trust; and (O) Federal old-age, survivor, or disability benefits. (2) “Homestead exemption” means a homestead exemption pursuant to Code Section 48-5-44 with respect to state, county, and school purpose ad valorem taxes as provided in Code Section 48-5-44 and a homestead exemption pursuant to a local Act with respect to municipal ad valorem taxes for municipal purposes as provided in any such local Act. (3) “Household” means an individual or group of individuals living together in a room or group of rooms as a housing unit. (4) “Tax official” means the tax collector or tax commissioner with respect to state, county, and school purpose ad valorem taxes pursuant to Code Section 48-5-44 and the municipal governing authority or designee thereof with respect to municipal ad valorem taxes for municipal purposes pursuant to any local Act homestead exemption. History. Code 1933, § 91A-2402, enacted by Ga. L. 1980, p. 1707, § 1; Ga. L. 2000, p. 533, § 1. 531 48-5-72.1 48-5-72. Homestead tax deferral for individuals 62 or older; demonstration of compliance with part. (a) Any individual aged 62 or older who is entitled to claim a homestead exemption may elect to defer payment of all or part of the ad valorem taxes levied on such individual’s homestead by filing an annual application for tax deferral with the appropriate tax official on or before April 1 of the year for which the deferral is sought. If the homestead for which a deferral is requested has an assessed value for purposes of ad valorem taxation of $50,000.00 or more, the deferral may apply only to the taxes on that portion of the assessed value which is $50,000.00 or less. (b) It shall be the burden of each applicant for a deferral to demonstrate affirmatively his compliance with the requirements of this part. History. Code 1933, § 91A-2403, enacted by Ga. L. 1980, p. 1707, § 1; Ga. L. 2000, p. 533, § 2. 48-5-72.1. Alternative to tax deferral authorized by Code Section 48-5-72; burden on applicant to demonstrate compliance. (a) As an alternative to the tax deferral authorized by Code Section 48-5-72, any individual aged 62 or older residing within any county of this state having a population of 550,000 or more according to the United States decennial census of 1980 or any future such census who is entitled to claim a homestead exemption pursuant to Code Section 48-5-44 may elect to defer payment of all or any part of that portion of the ad valorem taxes levied on the individual’s homestead which exceeds 4 percent of the individual’s gross household income for the immediately preceding calendar year. An application for tax deferral under this Code section shall be filed annually with the tax collector or tax commissioner on or before April 1 of the year for which the deferral is sought. If an individual files for a tax deferral under this Code section, such individual shall not be authorized to file for a tax deferral under Code Section 48-5-72. (b) The amount of the assessed value of the homestead and the amount of gross household income shall not limit the tax deferral authorized by this Code section. However, except for the provisions of Code Section 48-5-72 and paragraph (2) of Code Section 48-5-73, the provisions of this part shall apply to the tax deferral authorized by this Code section. (c) It shall be the burden of each applicant for a deferral under this Code section to demonstrate affirmatively the applicant’s compliance with this Code section and other provisions of this part. 532 48-5-72.1 AD VALOREM TAXATION OF PROPERTY 48-5-74 History. Code 1981, § 48-5-72.1, enacted by Ga. L. 1988, p. 466, § 1. 48-5-73. Limitations on grant of homestead tax deferral.