Title 48, Chapter 5, Section 242
( 48-5-242)
(a) Upon written approval by the governing authority of the county
in accordance with subsection (c) of this Code section, the tax
collector or tax commissioner may waive, in whole or in part, the
collection of any amount due the taxing authorities for which taxes
are collected, when such amount represents a penalty assessed for
failure to comply with the laws governing the assessment and
collection of ad valorem taxes, and when the tax collector or tax
commissioner reasonably determines that the default giving rise to
the penalty was due to reasonable cause and not due to gross or
willful neglect or disregard of the law or of regulations or
instructions issued pursuant to the law. (b) In the case of penalties arising from the failure of the
taxpayer to comply with the terms, conditions, or covenants required
with respect to properties receiving any type of preferential
assessment, the tax collector or tax commissioner shall not be
authorized to waive any portion of the penalty that represents a
recovery by the taxing authorities of any amount by which taxes were
reduced as a result of the granting of such preferential assessment. (c) The waiver of penalties in accordance with this Code section
shall be subject to the written approval of the county governing
authority either on a case-by-case basis or by a resolution
delegating the authority to the tax collector or tax commissioner to
make the final determinations. Such resolution may establish rules
and regulations governing the administration of this Code section
and establish guidelines to be followed by the tax collector or tax
commissioner when granting the penalty waivers. |