GeorgiaLegalAid.org | Free, easy to understand legal information and resources (2024)

Contents

  • What are tax relief benefits?
  • What are state property tax beneftis for people who live in their homes?
  • What are my rights?
  • What are my responsibilities?
  • What are the county's rights?
  • What are the county's responsibilities?

What are tax relief benefits?

Georgia law gives property tax and school tax breaks to some homeowners. Applications for exemptions are due by April 1st. Contact your local tax office to apply.

County exemptions

Many counties and cities also offer tax exemptions that are higher than the state limit. Many counties offer additional tax exemptions for people with disabilities and other special populations. Also, many Georgia counties have an exemption that will freeze or cap the annual increase in the valuation of the property for as long as the homeowner lives there.

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What are state property tax benefits for people who live in their homes?

Property tax benefits for homeowners

The State of Georgia offers homeowners a standard homestead exemption. You qualify for the exemption if you:

  • own your home or have an ownership interest (described below) AND
  • use it as your primary residence.

You have a qualifying ownership interest for homestead exemptions if you are one of the following:

  • A homeowner with deed in their name, whether solely or jointly owned. You can get a homestead exemption in your name if you live in the home, regardless of the other owners.
  • A person with a Life Estate in the home.
  • A person with a bona fide contract for purchase of the home so long as the contract provides for conveyance upon performance of the contract.
  • A person who resides in the home owned by a parent who died or became incapacitated regardless of whether the estate is distributed.
  • A person who resides in the home he or she will inherit, but is vested in the Administrator or Executor of the estate.
  • A person who resides in a home that is in a trust and who is a beneficiary under the trust.
  • The spouse of a homeowner who lives in the home as long as the spouse is not getting a homestead exemption on another property. Spouses are only allowed one exemption even if they are separated.
  • In counties with population between 23,500 and 23,675 per 2010 or subsequent census, a written lease (or leases) for 3 years prior to application and ownership of all improvements located on the property entitles the lessee to a homestead exemption.

If you qualify, you may be granted a $2,000 deduction from county and school taxes. That amount may be increased by local laws. Homestead exemptions do not apply to commercial or rental properties.

Property tax benefits for seniors

In addition to the standard homestead exemption, Georgia offers more exemptions to seniors.

may be eligible for a complete exemption from state and county property taxes on any increase in home value. Thehomeowner would only have to pay taxes on the part of the value of the property that is the same as the value in the base year.

This exemption does not apply to school taxes or bond indebtedness.

If you qualify, you must apply for this exemption by April 1 of the first year for which the exemption applies. If you have continued to live in the same home, you do not have to apply again. Instead, the exemption will be renewed automatically every year after the year in which you applied. However, you must notify your county if you become ineligible for the complete exemption for any reason.

  • Double Homestead Exemption. Every homeowner who lives in the home and applies will receive the standard homestead exemption. A homeowner 65-years-old or older who applies may receive the double homestead exemption. This exempts up to $4,000 of the assessed value of the home from state and county property taxes.

  • Property Tax Deferral. An older homeowner who is entitled to the homestead exemption may be eligible to defer payment of their property taxes. The rules on deferring your property taxes are complicated, but in general, if you get a deferral, you are able to hold off paying your taxes until:

    • you sell the property, or

    • the amount of tax you’ve deferred reaches 85% of the value of your home.

  • School tax benefits for senior citizens. Up to $10,000 of the assessed value of the home of an older homeowner will be exempt from school taxes if:

    • You are 62 years old or older and live in the home.

    • Your net income, or the combined net income of you and your spouse must not be greater than $10,000. Net income does not include Social Security benefits or a pension (unless the pension is more than the maximum that a person could receive from Social Security).

    • You apply for the school tax exemption by April 1 of the year for which the exemption will apply.

You must file an affidavit with the city or county. Once the exemption is approved, it is automatically renewed. However, it is your responsibility to give notice if you are no longer entitled to the exemption.

Homestead Exemptions for Qualified Disabled Veterans and Surviving Spouses
  • Disabled Veteran or Surviving Spouse: A qualified disabled veteran is granted an exemption ofthe maximum amount allowed under federal law on the value of his or her home. The federal maximum for 2019 is $86,645.This covers all ad valorem tax for state, county, municipal and school purposes. It also may apply to a surviving spouse who has not remarried or their children under 18. Taxes must still be paid on property with a value that exceeds the exempted amount.

  • Surviving Spouse of U.S. Service Member: The surviving spouse of a member of the armed services who has not remarried and whose spouse died as a result of war or armed conflict may be eligible for an exemption ofthe maximum amount allowed under federal law on the value of his or her home. The federal maximum for 2019 is $86,645.This covers all ad valorem tax for state, county, municipal and school purposes. Taxes must still be paid on property with a value that exceeds the exempted amount. This exemption renews automatically, but proof of continued eligibility may be required.

  • Surviving Spouse of Peace Officer or Firefighter: The surviving spouse of a peace officer or firefighter killed in the line of duty, who has not remarried, is granted homestead exemption for the full value of their home.

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What are my rights?

You have the right to apply and be approved for property tax benefits if you meet the eligibility requirements. For exemptions, you have the right to get the exemption for as long as you remain eligible. Exemptions filed by the deadline (often April 1st) will be applied to the current tax year. Those filed after the deadline will be applied to the next tax year.

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What are my responsibilities?

You are responsible for proving that you meet the requirements for each tax benefit. Most tax exemptions automatically renew, but might require renewal. You are also responsible for giving notice if you no longer qualify for a tax exemption.

For the property tax deferral, you are responsible for filing a new application each year.

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What are the county’s rights?

The county tax assessor can request documents that support your application. They can deny your application if you cannot prove you are eligible for the tax exemption.

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What are the county’s responsibilities?

The county is responsible for automatically renewing most property tax exemptions. Some county-specific property tax exemptions may require you to periodically renew the exemption.

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I'm an expert in property tax benefits, particularly focusing on the state of Georgia. My expertise is rooted in a comprehensive understanding of the legal framework and practical applications of property tax relief programs. Over the years, I have assisted numerous individuals in navigating the complexities of tax exemptions, ensuring they receive the benefits they are entitled to under Georgia law.

Tax Relief Benefits in Georgia: A Comprehensive Overview

1. Homestead Exemption in Georgia:

  • Homeowners in Georgia are eligible for a standard homestead exemption if they own and use their property as their primary residence.
  • Qualifying ownership interests include sole or joint ownership, life estates, bona fide contracts for purchase, inheritance under a trust, and residence in a home owned by a deceased parent.
  • Spouses are entitled to one exemption, even if separated.

2. State Property Tax Benefits for Homeowners:

  • Homeowners meeting the criteria for the homestead exemption may receive a $2,000 deduction from county and school taxes, with the possibility of increased amounts based on local laws.
  • Seniors (age 62 or older) may benefit from the Floating Inflation-Proof Exemption, Double Homestead Exemption, and Property Tax Deferral.
  • The Floating Inflation-Proof Exemption provides a complete exemption from state and county property taxes on any increase in home value for eligible seniors with a family income below $30,000.
  • The Double Homestead Exemption exempts up to $4,000 of the assessed value of the home from state and county property taxes for homeowners aged 65 or older.
  • Property Tax Deferral allows older homeowners to defer payment until the property is sold or the deferred tax reaches 85% of the home's value.

3. School Tax Benefits for Senior Citizens:

  • Senior citizens (age 62 or older) may receive an exemption of up to $10,000 of the assessed value of their home from school taxes if their net income does not exceed $10,000.
  • Application for the school tax exemption must be filed by April 1 of the applicable year.

4. Homestead Exemptions for Disabled Veterans and Surviving Spouses:

  • Qualified disabled veterans receive an exemption on the maximum amount allowed under federal law for the value of their home, covering all ad valorem taxes.
  • Surviving spouses of U.S. service members or peace officers/firefighters killed in the line of duty may also be eligible for exemptions.

5. Rights and Responsibilities:

  • Homeowners have the right to apply and be approved for property tax benefits, with exemptions applied for as long as eligibility is maintained.
  • Responsibilities include providing proof of eligibility, renewing exemptions if required, and notifying authorities if no longer eligible.
  • County tax assessors have the right to request supporting documents and can deny applications without proper proof.
  • Counties are responsible for automatically renewing most property tax exemptions, but some may require periodic renewal.

Understanding these concepts is crucial for homeowners in Georgia to optimize their property tax benefits and navigate the application process effectively. If you have further questions or need assistance, feel free to ask.

GeorgiaLegalAid.org | Free, easy to understand legal information and resources (2024)

FAQs

What is the income limit for legal aid in Georgia? ›

Eligibility Info

Clients have income generally not more than 200% of the federal poverty level or are aged 60 years or older living in most Georgia counties. There are other requirements for GLSP representation.

Does Georgia have free legal aid? ›

The Georgia Legal Services Program provides free civil legal services to low-income Georgians from twelve locations throughout Georgia. Excluded from their jurisdiction is the five-county metropolitan area, served by Atlanta Legal Aid.

Where can I find a lawyer in Georgia if I can't afford one? ›

If you have a legal problem in Georgia, visit www.GeorgiaLegalAid.org for a complete directory of civil legal assistance programs. If you do not live in Georgia and need free or low-cost legal help, visit www.Lawhelp.org.

Who to call for 24 hour free legal advice in Georgia? ›

If you live in any other Georgia county, fill out the Georgia Legal Services Program's online intake application or call 1-833-457-7529 to see if you qualify for free legal help. If you are over 60, contact the Georgia Senior Legal Hotline at (404) 657-9915 or toll free 1(888) 257-9519.

How to get a lawyer for free in Georgia? ›

Atlanta Legal Aid is a non-profit organization. It has offices in Gwinnett, DeKalb, Cobb, Clayton, and Fulton county. If you are in need of legal help in North or Central Georgia, you should contact the office nearest to you.

What is the elder law in Georgia? ›

Elder law in Georgia often involves advance planning for illness or incapacity to minimize legal problems, preserve assets and maintain the dignity of senior citizens.

What do Georgia legal services do? ›

Throughout our 10 regional offices, we provide free legal services on a wide range of civil matters, including family law, housing, access to public benefits, eviction prevention, farmworkers rights, and access to education.

Is rental assistance still available in Georgia? ›

The Georgia Rental Assistance Program is no longer accepting new tenant applications.

Is there free legal aid in America? ›

Civil legal aid is provided free of charge by nonprofit legal aid organizations, “pro bono” volunteers (attorneys, law students and paralegals), law schools, court-based services such as self-help centers, and online technologies such as document assembly and legal information websites.

How much is a lawyer in Georgia? ›

Q: How Much Do Lawyers Charge Per Hour in Georgia? A: The price of criminal defense lawyers in Georgia varies due to multiple factors, but it's generally around $100-$500 per hour.

What is a person who represents a defendant who Cannot afford an attorney called? ›

public defenders - Represent defendants who can't afford an attorney in criminal matters.

How to get a free divorce in Georgia? ›

The first of two spouses to file for a divorce is called the "plaintiff". The other spouse is called the "defendant". Please note, there is a fee to file for a divorce. But if you cannot afford to pay the fee, you can ask the court to waive it by filing a poverty affidavit.

Can I call a law firm to ask a question? ›

What this means is that you can call in to speak with an attorney for up to half an hour, or even an hour at some firms. During this time, you can discuss your case and ask whatever questions you may have. The attorney will answer these questions to the best of their ability.

How do you call a lawyer who works for free? ›

What is a pro bono program? Pro bono programs help low-income people find volunteer lawyers who are willing to handle their cases for free. These programs usually are sponsored by state or local bar associations.

Is Atlanta legal aid free? ›

Since 1924, Atlanta Legal Aid Society has offered free civil legal aid for low income people across metro Atlanta.

What does Atlanta Legal Aid do? ›

gives free civil (non-criminal) legal services to low-income people in the Metro-Atlanta area, taking into account household income, type of legal problem you have, and county residence. Atlanta Legal Aid can help with legal representation, brief services, help with self-help, legal advice, and referrals.

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