How often can a county reassess property?
Under Georgia law, all property is to be returned and assessed at fair market value every year (O.C.G.A. 48-5-6). Counties are required to establish a value as of January 1 of each year that meets the definition of fair market value' pursuant to O.C.G.A. 48-5-2. There is not a state mandated revaluation schedule, rather the counties annually review the values on the digest compared to sales data and if property values are determined to be either too low or too high then values are updated. The frequency of property updates can vary from county to county since some counties are experiencing tremendous growth and the real estate market in other counties is more static.
QUESTION: Just to further understand, there is no state law at the local level that sets guidelines on revaluation of property values (except for new construction, add-ons, zoning changes, etc.). Can the property value of an average homeowner with no changes in previous year(s) increase yearly with no basis except to increase the county revenues? How can one appeal a property revaluation with their county if there are no criteria for raising property values?
ANSWER: The board of assessor’s responsibility includes annually assessing property at fair market value as of January 1. While adding new construction is part of the process, the process also involves reflecting market changes (up or down) in property values. The purpose of a revaluation is not to increase county revenue but to ensure equity and uniformity of assessment. As stated above, each year there are two types of value changes made to a county tax digest. The change may be due to inflation or a result of increases due to new or improved properties. When the total digest of taxable property is prepared, Georgia Law requires that a rollback millage rate must be computed that will produce the same total revenue on the current year’s new digest that last year’s millage rate would have produced had no reassessments occurred. If the county elects to set their millage rate higher than the rollback rate, then the law imposes certain requirements. The requirements are to hold three public hearings, place notices of the increase in the paper and issue press releases.
{This launguage makes it clear that elected officals are rasing your taxes not your home values.}
Rollback of Millage Rate When Digest Value Increased by Reassessments
The Revenue Commissioner developed rules and regulations to implement the terms and provisions of O.C.G.A. 48-5-32.1.
Prevention of Indirect Tax Increases Each year there are two types of value increases made to a county tax digest;
increases due to inflation, and
increases due to new or improved properties.
There are no additional requirements if the levying authority rolls back the millage rate each year to offset any inflationary increases in the digest. If it does not, a local levying authority must notify the public that taxes are being increased.
Local levying authorities would include the county governing authorities, school boards and municipal governing authorities.
The Revenue Commissioner will not authorize the collection of taxes on any digest without a showing by the official submitting the digest that the local levying authorities have complied with the law.
Rollback of Millage Rate to Offset Inflationary Increases When the total digest of taxable property is prepared, Georgia Law requires that a rollback millage rate must be computed that will produce the same total revenue on the current year's new digest that last year's millage rate would have produced had no reassessments occurred.
If the county elects to set their millage rate higher than the rollback rate, they will be required:
to hold three public hearings,
place notices of the increase in the paper and
issue press releases.
Notification of Tax Increase With Three Public Hearings The levying authority must hold three public hearings allowing the public input into the proposed increase in taxes.
Two of these public hearings may coincide with other required hearings associated with the millage rate process:
such as the public hearing required by O.C.G.A Section 36-81-5 when the budget is advertised, and
the public hearing required by O.C.G.A. Section 48-5-32 when the millage rate is finalized.
One of the three public hearings must begin between 6:00 pm and 7:00 pm in the evening.
Publish Notice in Paper One Week Before Each Hearing The levying authority must publish a notice in the paper one week in advance of each of these three public hearings.
Press Release to Explain Tax Increase The levying authority must issue a release to the press explaining its intent to increase the taxes.
Under GA law you have the right to see all of your information}
Explanation With Change of Assessment Notice The change of assessment notice must give the property owner a name and telephone number of a knowledgeable person to call if they have questions about the value change or appeal procedures. If the increase exceeds 15%, the notice must include a simple, non-technical explanation of the basis for the change along with a statement informing the property owner that they may view, or have inexpensive copies made of those tax records used by the assessors to determine the value change.
Assessors Must Provide Grounds for Rejection of Property Owner's Appeal When a property owner elects to assert a position as the basis for their appeal and the board of tax assessors rejects this position, the board must include in their rejection notice back to the property owner the grounds for the rejection. Thereafter, the board of tax assessors must stick to those grounds and not assert new grounds later in the appeal process. If the property owner asserts a new position, the board of tax assessors may assert new grounds for rejecting the new position.
Burden of Proof on the Board of Tax Assessors When the board of tax assessors changes the value returned by a property owner, the board has the burden of proving, by a preponderance of the evidence, the validity of the change. This burden continues to be on the board of tax assessors even if the appeal goes to superior court, although the judge is not bound to either the board of tax assessors' or the property owner's value when determining, or having determined by a jury, the question of final value.
Property Owner Can Record Conversations The property owner has the right to record any conversations with assessors or appraisers when such recordings are relative to the owner's assessment, appeal, arbitration or related proceedings. The owner must provide his or her own equipment.
Can Property Tax be increased after an appeal? (Ref O.C.G.A. 48-5.299C)
When the value of real property is reduced or is unchanged from the value on the initial annual notice of assessment or a corrected annual notice of assessment issued by the board of tax assessors and such valuation has been established as the result of an appeal decision rendered by the board of equalization, hearing officer, arbitrator, or superior court pursuant to Code Section 48-5-311 or stipulated by written agreement signed by the board of tax assessors and taxpayer or taxpayer's authorized representative, the new valuation so established by appeal decision or agreement may not be increased by the board of tax assessors during the next two successive years, unless otherwise agreed in writing by both parties, subject to the following exceptions:
This subsection shall not apply to a valuation established by an appeal decision if the taxpayer or his or her authorized representative failed to attend the appeal hearing or provide the board of equalization, hearing officer, or arbitrator with some written evidence supporting the taxpayer's opinion of value;
This subsection shall not apply to a valuation established by an appeal decision or agreement if the taxpayer files a return at a different valuation during the next two successive years;
Unless otherwise agreed in writing by both parties, if the taxpayer files an appeal pursuant to Code Section 48-5-311 during the next two successive years, the board of tax assessors, the board of equalization, hearing officer, or arbitrator may increase or decrease the value of the real property based on the evidence presented by the taxpayer during the appeal process; and
This subsection shall not apply to a valuation established by an appeal decision if the taxpayer or his or her authorized representative failed to attend the appeal hearing or provide the board of equalization, hearing officer, or arbitrator with some written evidence supporting the taxpayer's opinion of value;
The board of tax assessors may increase or decrease the value of the real property if, after a visual on-site inspection of the property, it is found that there have been substantial additions, deletions, or improvements to such property or that there are errors in the board of tax assessors’ records as to the description or characterization of the property, or the board of tax assessors finds an occurrence of other material factors that substantially affect the current fair market value of such property.