Title 48, Chapter 5, Section 48
( 48-5-48)
(a) As used in this Code section, the term "disabled veteran" means: (1) A wartime veteran who was discharged under honorable
conditions and who has been adjudicated by the Department of
Veterans Affairs of the United States as being totally and
permanently disabled and entitled to receive service connected
benefits so long as he or she is 100 percent disabled and
receiving or entitled to receive benefits for a 100 percent
service connected disability; (2) An American veteran of any war or armed conflict in which any
branch of the armed forces of the United States engaged, whether
under United States command or otherwise, and that he or she is
disabled due to the loss or loss of use of both lower extremities
such as to preclude locomotion without the aid of braces,
crutches, canes, or a wheelchair; due to blindness in both eyes,
having only light perception, together with the loss or loss of
use of one lower extremity; or due to the loss or loss of use of
one lower extremity together with residuals of organic disease or
injury which so affect the functions of balance or propulsion as
to preclude locomotion without resort to a wheelchair; (3) Any disabled veteran who is not entitled to receive benefits
from the Department of Veterans Affairs but who qualifies
otherwise, as provided for by Article VII, Section I, Paragraph IV
of the Constitution of Georgia of 1976; (4) An American veteran of any war or armed conflict who is
disabled due to loss or loss of use of one lower extremity
together with the loss or loss of use of one upper extremity which
so affects the functions of balance or propulsion as to preclude
locomotion without the aid of braces, crutches, canes, or a
wheelchair; or (5) A veteran becoming eligible for assistance in acquiring
housing under Section 2101 of Title 38 of the United States Code
as hereafter amended on or after July 1, 1999. (b) Any disabled veteran as defined in any paragraph of subsection
(a) of this Code section who is a citizen and resident of Georgia is
granted an exemption of the greater of $32,500.00 or the maximum
amount which may be granted to a disabled veteran under Section 2102
of Title 38 of the United States Code, as amended, on his or her
homestead which such veteran owns and actually occupies as a
residence and homestead, such exemption being from all ad valorem
taxation for state, county, municipal, and school purposes. As of
January 1, 1999, the maximum amount which may be granted to a
disabled veteran under the above-stated federal law is $43,000.00.
The value of all property in excess of the exempted amount cited
above shall remain subject to taxation. The unremarried surviving
spouse or minor children of any such disabled veteran as defined in
this Code section shall also be entitled to an exemption of the
greater of $32,500.00 or the maximum amount which may be granted to
a disabled veteran under Section 2102 of Title 38 of the United
States Code, as amended, on the homestead so long as the unremarried
surviving spouse or minor children continue actually to occupy the
home as a residence and homestead, such exemption being from all ad
valorem taxation for state, county, municipal, and school purposes.
As of January 1, 1999, the maximum amount which may be granted to
the unremarried surviving spouse or minor children of any such
disabled veteran under the above-stated federal law is $43,000.00.
The value of all property in excess of such exemption granted to
such unremarried surviving spouse or minor children shall remain
subject to taxation. (c)(1) Any disabled veteran qualifying pursuant to paragraph (1)
or (2) of subsection (a) of this Code section for the homestead
exemption provided for in this Code section shall file with the
tax commissioner or tax receiver a letter from the Department of
Veterans Affairs stating the qualifying disability. (2) Any disabled veteran qualifying pursuant to paragraph (3) of
subsection (a) of this Code section for the homestead exemption
provided for in this Code section shall file with the tax
commissioner or tax receiver a copy of his DD form 214 (discharge
papers from his military records) along with a letter from a
doctor who is licensed to practice medicine in this state stating
that he is disabled due to loss or loss of use of both lower
extremities such as to preclude locomotion without the aid of
braces, crutches, canes, or a wheelchair; due to blindness in both
eyes, having only light perception, together with the loss or loss
of use of one lower extremity; or due to the loss or loss of use
of one lower extremity together with residuals of organic disease
or injury which so affect the functions of balance or propulsion
as to preclude locomotion without resort to a wheelchair. Prior
to approval of an exemption, a county board of tax assessors may
require the applicant to provide not more than two additional
doctors' letters if the board is in doubt as to the applicant's
eligibility for the exemption. (3) Any disabled veteran qualifying pursuant to paragraph (4) of
subsection (a) of this Code section for the homestead exemption
provided for in this Code section shall file with the tax
commissioner or tax receiver a letter from a doctor who is
licensed to practice medicine in this state stating the qualifying
disability. Prior to approval of an exemption, a county board of
tax assessors may require the applicant to provide not more than
two additional doctors' letters if the board is in doubt as to the
applicant's eligibility for the exemption. (4) Any disabled veteran qualifying pursuant to paragraph (5) of
subsection (a) of this Code section for the homestead exemption
provided for in this Code section shall file with the tax
commissioner or tax receiver a letter from the Department of
Veterans Affairs stating the eligibility for such housing
assistance. (d) Each disabled veteran shall file for the exemption only once in
the county of his residence. Once filed, the exemption shall
automatically be renewed from year to year, except as provided in
subsection (e) of this Code section. Such exemption shall be
extended to the unremarried surviving spouse or minor children at
the time of his death so long as they continue to occupy the home as
a residence and homestead. In the event a disabled veteran who
would otherwise be entitled to the exemption dies or becomes
incapacitated to the extent that he or she cannot personally file
for such exemption, the spouse, the unremarried surviving spouse, or
the minor children at the time of the disabled veteran's death may
file for the exemption and such exemption may be granted as if the
disabled veteran had made personal application therefor. (e) Not more often than once every three years, the county board of
tax assessors may require the holder of an exemption granted
pursuant to this Code section to substantiate his continuing
eligibility for the exemption. In no event may the board require
more than three doctors' letters to substantiate eligibility. (f) Any person who as of January 1, 1991, has applied and is eligible for the exemption for disabled veterans, their surviving spouses, and minor children formerly provided for by the sixth unnumbered subparagraph of Article VII, Section I, Paragraph IV of the Constitution of 1976; the exemption for disabled veterans provided for in Article VII, Section II, Paragraph V of the Constitution of 1983; or the exemption for disabled veterans formerly provided for by Code Section 48-5-48.3 as enacted by an Act approved April 11, 1986 (Ga. L. 1986, p. 1445), shall be eligible for the exemption granted by subsection (b) of this Code section without applying for such exemption. |