Title 36, Chapter 44, Section 10
( 36-44-10)
(a) No later than the effective date of the creation of the tax
allocation district, the redevelopment agency shall apply, in
writing, to the state revenue commissioner for a determination of
the tax allocation increment base of the tax allocation district.
Within a reasonable time, and not exceeding 60 days after the
effective date of the creation of the tax allocation district, the
state revenue commissioner shall certify such tax allocation
increment base, as of the effective date of the creation of the tax
allocation district, to the redevelopment agency, and such
certification, unless amended pursuant to subsection (b) of this
Code section, shall constitute the tax allocation increment base of
the tax allocation district. (b) If the local legislative body of a political subdivision adopts
an amendment to the resolution which created a tax allocation
district and such amendment changes the boundaries of that tax
allocation district so as to cause additional redevelopment costs
for which tax allocation increments may be received by the political
subdivision, the tax allocation increment base for the revised or
amended district shall be redetermined pursuant to subsection (a) of
this Code section as of the effective date of such amendment. The
tax allocation increment base as redetermined under this subsection
is effective for the purposes of this chapter only if it exceeds the
original tax allocation increment base determined under subsection
(a) of this Code section. (c) It is a rebuttable presumption that any property within a tax
allocation district acquired or leased as lessee by the political
subdivision, or any agency or instrumentality thereof, within one
year immediately preceding the date of the creation of the district
was so acquired or leased in contemplation of the creation of the
district. The presumption may be rebutted by the political
subdivision with proof that the property was so leased or acquired
primarily for a purpose other than to reduce the tax allocation
increment base. If the presumption is not rebutted, in determining
the tax allocation increment base of the district, but for no other
purpose, the taxable status of the property shall be determined as
though such lease or acquisition had not occurred. (d) For each political subdivision whose area of operation includes a tax allocation district, the county board of tax assessors, joint city-county board of tax assessors, or board of tax assessors for a consolidated government, as the case may be, shall identify upon the tax digests of the political subdivision those parcels of property which are within each existing tax allocation district, specifying the name of each district. A similar notation shall appear on tax digests submitted to the state revenue commissioner pursuant to Code Section 48-5-302, relative to the submission of tax digests to the state revenue commissioner. (e) The county board of tax assessors, joint city-county board of tax assessors, or consolidated government board of tax assessors shall annually give notice to the county tax collector or tax commissioner and to the municipal official responsible for collecting municipal ad valorem property taxes as to both the current taxable value of property within each tax allocation district and the tax allocation increment base. The notice shall also explain that any taxes collected as a result of increases in the tax allocation increment base constitute tax allocation increments and shall be paid to the appropriate political subdivision as provided by subsection (b) of Code Section 36-44-11. |