Title 48, Chapter 6, Section 72
( 48-6-72)
(a) The intangible recording tax imposed by Code Section 48-6-61 upon instruments securing long-term notes secured by real property shall be collected by the collecting officer of each county and said officer shall make the distributions in the manner provided for in this Code section. (b) The governing authority of each county shall take into
consideration any increase or decrease in the duties and
responsibilities of the offices of the tax commissioner and the
clerk of the superior court required by this article in establishing
the annual budget for each such office and, where applicable, the
affected officers shall cooperate fully in any transferring of
responsibilities required under this Code section. (c) The collecting officer, on the basis of the tax commissioner's
or tax collector's records and of certificates which shall be
supplied by each school district, municipality, and other tax
district in the county, shall distribute at least monthly the
revenue collected under this article. Each year the millage rates
used in the distributions of revenue under this Code section shall
be based upon the immediately preceding year's millage rate of each
participating tax authority as provided in this article. (d) Revenue derived from taxes under this article shall be divided
among the state and all other tax jurisdictions and districts
including, but not limited to, county and municipal districts, which
levy or cause to be levied for their benefit a property tax on real
and tangible personal property having the same taxable situs as the
real property which is the subject of the intangible tax. The
distribution shall be made according to the proportion that the
millage rate levied for the state and each other tax jurisdiction or
district respectively bears to the total millage rate levied for all
purposes applicable to real and tangible personal property having
the same taxable situs as the subject of the intangible tax. The
revenue distributed to municipalities having independent school
systems supported by taxes levied by the municipality shall be
divided between the municipality and the independent school system
according to the proportion that the millage rate levied by the
municipality for nonschool purposes and the millage rate levied for
school purposes bear to the total millage rate levied by the
municipality for all purposes. The tax levied by this article shall
be deemed to be levied by the participating tax authorities in the
proportion that the millage rate of each participating tax authority
bears to the aggregate millage rate of all the participating tax
authorities. (e) In the event any distribution or part of a distribution as
provided in this article is adjudged to be invalid for any reason,
such distribution or part of a distribution shall be paid into the
general fund of the state in the same manner and for the same
purposes as provided in this article for the state's share of the
revenues derived from the tax imposed by this article. |