Title 48, Chapter 5, Section 48.1
( 48-5-48.1)
(a) Any person, firm, or corporation seeking an exemption from ad valorem taxation of certain tangible personal property inventory when such exemption has been authorized by the governing authority of any county or municipality after approval of the electors of such county or municipality pursuant to the authority of the Constitution of Georgia or Code Section 48-5-48.2 shall file a written application and schedule of property with the county board of tax assessors on forms furnished by such board. Such application shall be filed in the year in which exemption from taxation is sought no later than the date on which the tax receiver or tax commissioner of the county in which the property is located closes his books for the return of taxes. (b) The application for the tangible personal property inventory
exemption shall provide for: (1) A schedule of the inventory of goods in the process of
manufacture or production which shall include all partly finished
goods and raw materials held for direct use or consumption in the
ordinary course of the taxpayer's manufacturing or production
business in the State of Georgia; (2) A schedule of the inventory of finished goods manufactured or
produced within the State of Georgia in the ordinary course of the
taxpayer's manufacturing or production business when held by the
original manufacturer or producer of such finished goods; and (3) A schedule of the inventory of finished goods which on January 1 are stored in a warehouse, dock, or wharf, whether public or private, and which are destined for shipment outside the State of Georgia and the inventory of finished goods which are shipped into the State of Georgia from outside this state and which are stored for transshipment to a final destination outside this state. The information required by Code Section 48-5-48.2 to be contained in the official books and records of the warehouse, dock, or wharf where such property is being stored, which official books and records are required to be open to the inspection of taxing authorities of this state and political subdivisions thereof, shall not be required to be included as a part of or to accompany the application for such exemption. (c)(1) For purposes of this subsection, the term "file properly"
shall mean and include the timely filing of the application and
complete schedule of the inventory for which exemption is sought
on or before the due date specified in subsection (a) of this Code
section. (2) The failure to file properly the application and schedule
shall constitute a waiver of the exemption on the part of the
person, firm, or corporation failing to make the application for
such exemption for that year as follows: (A) The failure to report any inventory for which such exemption
is sought in the schedule provided for in the application shall
constitute a waiver of the exemption on the part of the person,
firm, or corporation failing to so report for that taxable year
in an amount equal to the difference between fair market value
of the inventory as reported and the fair market value finally
determined to be applicable to the inventory for which the
exemption is sought; and (B) The failure to file timely such application and schedule
shall constitute a waiver of the exemption until the first day
of the month following the month such application and schedule
are filed properly with the county tax assessor; provided,
however, that unless the application and schedule are filed on
or before June 1 of such year, the exemption shall be waived for
that entire year. (d) Upon receiving the application required by this Code section, the county board of tax assessors shall determine the eligibility of all types of tangible personal property listed on the application. If any property has been listed which the board believes is not eligible for the exemption, the board shall issue a letter notifying the applicant that all or a portion of the application has been denied. The denial letter shall list the type and total fair market value of all property listed on the application for which the exemption has been approved and the type and total fair market value of all property listed on the application for which the exemption has been denied. The applicant shall have the right to appeal from the denial of the exemption for any property listed and such appeal shall proceed as provided in Code Section 48-5-311. Except as otherwise provided in subparagraph (c)(2)(A) of this Code section, the county board of assessors shall not send a second letter of notification denying the exemption of all or a portion of such property listed on the application on new grounds that could and should have been discerned at the time the initial denial letter was issued. |