Title 48, Chapter 5, Section 41
( 48-5-41)
(a) The following property shall be exempt from all ad valorem
property taxes in this state: (1)(A) Except as provided in this paragraph, all public
property. (B) No public real property which is owned by a political
subdivision of this state and which is situated outside the
territorial limits of the political subdivision shall be exempt
from ad valorem taxation unless the property is: (i) Developed by grading or other improvements to the extent
of at least 25 percent of the total land area and facilities
are located on the property which are actively used for a
public or governmental purpose; (ii) Three hundred acres or less in area; (iii) Located inside a county embracing all or part of a
municipality owning such property; or (iv) That portion of any real property which has been
designated as a watershed by the United States Soil and Water
Conservation Service and used as a watershed by the political
subdivision owning the property. (C) Property which is owned by and used exclusively as the
general state headquarters of a nonprofit corporation organized
for the primary purpose of encouraging cooperation between
parents and teachers to promote the education and welfare of
children and youth, notwithstanding the fact that such nonprofit
corporation may derive income from fees or dues paid by persons,
organizations, or associations to affiliate with such nonprofit
corporation, shall be considered to be an extension of the
public schools of this state and such property shall be
considered to be public property within the meaning of this
paragraph. (D) Property which is held by a Georgia nonprofit corporation
whose income is exempt from federal income tax pursuant to
Section 115 of the Internal Revenue Code of 1986 and held
exclusively for the benefit of a county, municipality, or school
district shall be considered to be public property within the
meaning of this paragraph. (2) All places of burial; (2.1)(A) All places of religious worship; and (B) All property owned by and operated exclusively as a church,
an association or convention of churches, a convention mission
agency, or as an integrated auxiliary of a church or convention
or association of churches, when such entity is qualified as an
exempt religious organization under Section 501(c)(3) of the
Internal Revenue Code of 1986, as amended, and such property is
used in a manner consistent with such exemption under Section
501(c)(3) of the Internal Revenue Code of 1986, as amended;
(3) All property owned by religious groups and used only for
single-family residences when no income is derived from the
property; (4) All institutions of purely public charity; (5)(A) All property of nonprofit hospitals used in connection
with their operation when the hospitals have no stockholders,
have no income or profit which is distributed to or for the
benefit of any private person, and are subject to the laws of
this state regulating nonprofit or charitable corporations; (B) Property exempted pursuant to this paragraph shall not
include property of a nonprofit hospital held primarily for
investment purposes or used for purposes unrelated to: (i) Providing of patient care; (ii) Providing and delivery of health care services; or (iii) Training and education of physicians, nurses, and other
health care personnel; (6) All buildings erected for and used as a college, incorporated
academy, or other seminary of learning; (7) All funds or property held or used as endowment by colleges,
nonprofit hospitals, incorporated academies, or other seminaries
of learning when the funds or property are not invested in real
estate; (8) When used by or connected with any public library, all the
real and personal property of such library and all the real and
personal property of any other literary association; (9) All books, philosophical apparatus, paintings, and statuary of
any company or association which are kept in a public hall and
which are not held as merchandise or for purposes of sale or gain; (10) Reserved; (11) All property used in or which is a part of any facility which
has been installed or constructed at any time for the primary
purpose of eliminating or reducing air or water pollution if such
facilities have been certified by the Department of Natural
Resources as necessary and adequate for the purposes intended; (12)(A) Property of a nonprofit home for the aged used in connection with its operation when the home for the aged has no stockholders and no income or profit which is distributed to or for the benefit of any private person and when the home is qualified as an exempt organization under the United States Internal Revenue Code, Section 501(c)(3), as amended, and Code Section 48-7-25, and is subject to the laws of this state regulating nonprofit and charitable corporations; (B) Property exempted by this paragraph shall not include
property of a home for the aged held primarily for investment
purposes or used for purposes unrelated to the providing of
residential or health care to the aged;
(C) For purposes of this paragraph, indirect ownership of such
home for the aged through a limited liability company that is
fully owned by such exempt organization shall be considered
direct ownership; (13)(A) All property of any nonprofit home for the mentally disabled used in connection with its operation when the home for the mentally disabled has no stockholders and no income or profit which is distributed to or for the benefit of any private person and when the home is qualified as an exempt organization under the United States Internal Revenue Code of 1954, Section 501(c)(3), as amended, and Code Section 48-7-25, and is subject to the laws of this state regulating nonprofit and charitable corporations. (B) Property exempted by this paragraph shall not include
property of a home for the mentally disabled held primarily for
investment purposes or used for purposes unrelated to the
providing of residential or health care to the mentally
disabled; (14) Property which is owned by and used exclusively as the
headquarters, post home, or similar facility of a veterans
organization. As used in this paragraph, the term "veterans
organization" means any organization or association chartered by
the Congress of the United States which is exempt from federal
income taxes but only if such organization is a post or
organization of past or present members of the armed forces of the
United States organized in the State of Georgia with at least 75
percent of the members of which are past or present members of the
armed forces of the United States, and where no part of the net
earnings of which inures to the benefit of any private shareholder
or individual; and (15) Property that is owned by an historical fraternal benefit
association and which is used exclusively for charitable,
fraternal, and benevolent purposes. As used in this paragraph
"fraternal benefit association" means any organization qualified
as an exempt organization under the United States Internal Revenue
Code of 1954, Section 501(c)(10), as amended, where such
organization has a representative form of government and a lodge
system with a ritualistic form of work for the meeting of its
chapters or other subordinate bodies and whose founding
organization received its charter from the General Assembly of
Georgia prior to January 1, 1880. (b) The exemptions provided for in this Code section which refer to
colleges, nonprofit hospitals, incorporated academies, or other
seminaries of learning shall only apply to those colleges, nonprofit
hospitals, incorporated academies, or other seminaries of learning
which are open to the general public. (c) The property exempted by this Code section, excluding property
exempted by paragraph (1) of subsection (a) of this Code section,
shall not be used for the purpose of producing private or corporate
profit and income distributable to shareholders in corporations
owning such property or to other owners of such property, and any
income from such property shall be used exclusively for religious,
educational, and charitable purposes or for either one or more of
such purposes and for the purpose of maintaining and operating such
religious, educational, and charitable institutions. (d) This Code section, excluding paragraph (1) of subsection (a) of
this Code section, shall not apply to real estate or buildings which
are rented, leased, or otherwise used for the primary purpose of
securing an income thereon and shall not apply to real estate or
buildings which are not used for the operation of religious,
educational, and charitable institutions. Donations of property to
be exempted shall not be predicated upon an agreement, contract, or
other instrument that the donor or donors shall receive or retain
any part of the net or gross income of the property. |