Title 48, Chapter 16A, Section 5
( 48-16A-5)
(a) The provisions of this chapter shall apply to any eligible
taxpayer who files an application for property tax amnesty within
the time prescribed by the administering governing authority and
does the following: (1) Files such returns as may be required by the local official
responsible for receiving returns for all tax years as stated on
the application for which returns have not previously been filed
and files such returns as may be required by the local official
responsible for receiving returns for all tax years for which
returns were filed but on which the value of the taxpayer's
property was understated; (2) Pays in full the ad valorem taxes and, if required, pays in
full the interest due, for the periods applied for at the time of
the application and pays the amount of any additional ad valorem
tax and, if required, interest owed, as may be determined from any
additional returns by the local collection official within 30 days
of notification by such local collection official; and (3) The administering governing authority may by local resolution
or ordinance impose the further condition that, in addition to the
requirements set forth in paragraphs (1) and (2) of this
subsection, the requirement that any eligible taxpayer also pay in
full within the property tax amnesty period all ad valorem taxes
and, if required, penalties and interest previously levied and
assessed that are final, due, and owing at the time the
application or property tax amnesty tax returns are filed. (b) An eligible taxpayer may participate in the property tax amnesty
program whether or not the taxpayer is under audit, notwithstanding
the fact that the amount due is based upon a proposed assessment or
an assessment and without regard to whether the amount due is
subject to a pending administrative or judicial proceeding. An
eligible taxpayer may participate in the property tax amnesty
program to the extent of the uncontested portion of any assessed ad
valorem tax liability. However, participation in the program shall
be conditioned upon the taxpayer's agreement that the right to
protest or initiate an administrative or judicial proceeding or to
claim any refund of moneys paid under the program is barred with
respect to the amounts paid with the application or property tax
amnesty return. (c) The local collection official may enter into an installment
payment agreement in cases of severe hardship in lieu of the
complete payment required under subsection (a) of this Code section.
In such cases, 25 percent of the amount due shall be paid with the
application or property tax amnesty return with the balance to be
paid in monthly installments not less than 25 percent of the
original amount nor to exceed three months following the expiration
of the property tax amnesty period. Failure of the taxpayer to make
timely payments shall void the terms of the property tax amnesty
program. All such agreements and payments shall, if required,
include interest due and accruing during the installment agreement. (d) If, following the termination of the property tax amnesty period, additional taxes are determined to be due from the taxpayer based upon information independent of that shown on a return filed pursuant to subsection (a) of this Code section, the local collection official shall have the authority to impose penalties only with respect to the difference between the amount shown on the property tax amnesty tax return and the correct amount of tax due. The imposition of penalties shall not invalidate any waiver granted under Code Section 48-16A-6. |