Title 48, Chapter 5, Section 52.1
( 48-5-52.1)
(a) Any person who is a citizen and resident of Georgia and who is
an unremarried surviving spouse of a member of the armed forces of
the United States, which member has been killed in any war or armed
conflict in which the armed forces of the United States engaged,
whether under United States command or otherwise, shall be granted a
homestead exemption from all ad valorem taxation for state, county,
municipal, and school purposes in the amount 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. 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. For the purposes of this Code section, the term
"unremarried surviving spouse" of a member of the armed forces
includes the unmarried widow or widower of a member of the armed
forces who is receiving spousal benefits from the United States
Department of Veterans Affairs. The exemption shall be on the
homestead which the unremarried surviving spouse owns and actually
occupies as a residence and homestead. In the event such surviving
spouse remarries, such person shall cease to be qualified to
continue the exemption under this Code section effective December 31
of the taxable year in which such person remarries. The value of all
property in excess of such exemption granted to such unremarried
surviving spouse shall remain subject to taxation. (b) In order to qualify for the exemption provided for in this Code
section, the unremarried surviving spouse shall furnish to the tax
commissioner of the county of residence documents from the Secretary
of Defense evidencing that such unremarried surviving spouse
receives spousal benefits as a result of the death of such person's
spouse who as a member of the armed forces of the United States was
killed while on active duty or while performing authorized travel to
or from active duty during any war or armed conflict in which the
armed forces of the United States engaged, whether under United
States command or otherwise, pursuant to the Survivor Benefit Plan
under Subchapter II of Chapter 73 of Title 10 of the United States
Code or pursuant to any preceding or subsequent federal law which
provides survivor benefits for spouses of members of the armed
forces killed in any war or armed conflict. (c) An unremarried surviving spouse filing for the exemption under
this Code section shall be required to file with the tax
commissioner information relative to marital status and other such
information which the county board of tax assessors deems necessary
to determine eligibility for the exemption. Each unremarried
surviving spouse shall file for the exemption only once with the tax
commissioner. Once filed, the exemption shall automatically be
renewed from year to year, except that the county board of tax
assessors may require annually that the holder of an exemption
substantiate his or her continuing eligibility for the exemption.
It shall be the duty of any person granted the homestead exemption
under this Code section to notify the tax commissioner in the event
that person for any reason becomes ineligible for such exemption. (d) The exemption granted by this Code section shall be in lieu of
and not in addition to any other exemption from ad valorem taxation
for state, county, municipal, and school purposes which is equal to
or lower in amount than such exemption granted by this Code section.
If the amount of any other exemption from ad valorem taxation for
state, county, municipal, and school purposes applicable to any
resident qualifying under this Code section is greater than or is
increased to an amount greater than the amount of the applicable
exemption granted by this Code section, such other exemption shall
apply and shall be in lieu of and not in addition to the exemption
granted by this Code section. (e) The exemptions granted by this Code section shall apply to the
tax year beginning on January 1, 2001, and all tax years thereafter. |