Title 48, Chapter 5, Section 29
( 48-5-29)
(a) Before the superior court has jurisdiction to entertain any
civil action, appeal, or affidavit of illegality filed under this
title by any aggrieved taxpayer concerning liability for ad valorem
property taxes, taxability of property for ad valorem property
taxes, valuation of property for ad valorem taxes, or uniformity of
assessments for ad valorem property taxes, the taxpayer shall pay
the amount of ad valorem property taxes assessed against the
property at issue for the last year for which taxes were finally
determined to be due on the property. (b) Ad valorem taxes due under this Code section shall be paid to
the tax collector or tax commissioner of the county where the
property is located. If the property is located within any
municipality, the portion of the payment due the municipality shall
be paid to the officer designated by the municipality to collect ad
valorem taxes. (c) All taxes paid to the county tax collector or tax commissioner
under this Code section shall be distributed to the state, county,
county schools, and any other applicable taxing districts in the
same proportion as the millage rate for each bears to the total
millage rate applicable to the property for the current year. If the
total millage rate has not been determined for the current year, the
distribution shall be made on the basis of the millage rates
established for the immediately preceding year. (d) Any payment made by the taxpayer in accordance with this Code
section which is in excess of his finally determined tax liability
shall be refunded to the taxpayer. If the amount finally determined
to be the tax liability of the taxpayer exceeds the amount paid
under this Code section, the taxpayer shall be liable for the amount
of the difference between the amount of tax paid and the amount of
tax owed. The amount of difference shall be subject to the same
penalty and interest as any other unpaid ad valorem tax. |