Title 48, Chapter 5, Section 41.1
( 48-5-41.1)
(a) As used in this Code section, the term: (1) "Family owned farm entity" means a family corporation, a
family partnership, a family general partnership, a family limited
partnership, a family limited corporation, or a family limited
liability company all of the interest of which is owned by one or
more natural or naturalized citizens related to each other within
the fourth degree of civil reckoning. It shall include an estate
of which the devisees or heirs are one or more natural or
naturalized citizens related to each other within the fourth
degree of civil reckoning. It shall include a trust of which the
beneficiaries are one or more natural or naturalized citizens
related to each other within the fourth degree of civil reckoning.
Such family owned farm entity must have derived 80 percent or more
of its gross income from bona fide agricultural uses within this
state within the year immediately preceding the year in which the
exemption provided by this Code section is sought. (2) "Family owned qualified farm products producer" means an
individual or family owned farm entity primarily engaged in the
direct cultivation of the soil, including soil removed from the
land and placed in pots or containers, or operation of land for
the production of qualified farm products. A family owned
qualified farm products producer shall not include wholesalers,
distributors, storage facility owners, manufacturers, processors,
or other similar entities that primarily prepare qualified farm
products for any intermediate or final market or that primarily
operate to move or facilitate the movement of qualified farm
products from a producer to any intermediate or final markets. (3) "Farm products" means only those farm products eligible to qualify for exemption from ad valorem taxation pursuant to the former provisions of paragraph (10) of subsection (a) of Code Section 48-5-41 as it existed prior to January 1, 1999. (4) "Harvested agricultural products" means only those harvested agricultural products eligible to qualify for exemption from ad valorem taxation pursuant to the former provisions of paragraph (10) of subsection (a) of Code Section 48-5-41 as it existed prior to January 1, 1999. (5) "Initial production" means: (A) When applied to a laying hen, a period beginning at the time
the laying hen comes into production at age six months rather
than a period beginning when the laying hen is hatched; or (B) When applied to a brood cow, a period of nine months from
the time the brood cow is able to conceive at age 12 months
rather than a period beginning when the brood cow is born. (6) "Producer" means any entity that produces farm products. (7) "Qualified farm products" means livestock; crops; fruit or nut
bearing trees, bushes, or plants; annual and perennial plants;
Christmas trees; and plants and trees grown in nurseries for
transplantation elsewhere. Qualified farm products shall not
include standing timber.
(b) The following property shall be exempt from all ad valorem
property taxes in this state: (1) All farm products grown in this state and remaining in the
hands of the producer during the one year beginning immediately
after their initial production; (2) Harvested agricultural products which have a
planting-to-harvest cycle of 12 months or less, which are
customarily cured or aged for a period in excess of one year after
harvesting and before manufacturing, and which are held in this
state for manufacturing and processing purposes; and (3) All qualified farm products grown in this state: (A) Remaining in the hands of a family owned qualified farm
products producer; (B) Still in their natural and unprocessed condition, unless
processed solely for further use in the production of other
qualified farm products; and (C) Not held for direct retail sale by someone other than the
original family owned qualified farm products producer. (c) Farm tractors, combines, and all other farm equipment other than
motor vehicles, whether fixed or mobile, which are owned by and
directly used in the production of agricultural products by family
owned qualified farm products producers shall be exempt from all ad
valorem property taxes in this state. |