History. Ga. L. 1937-38, Ex. Sess., p. 77, § 45; Ga. L. 1943, p. 204, § 3; Code 1933, § 91A-255, enacted by Ga. L. 1978, p. 309, § 2; Ga. L. 1979, p. 5, § 15; Ga. L. 1991, p. 716, § 1; Ga. L. 2012, p. 318, § 5/HB 100; Ga. L. 2017, p. 723, § 3/HB 337; Ga. L. 2021, p. 120, § 3/SB 185.
The 2017 amendment, effective January 1, 2018, added “or at any time after the department records a state tax execution pursuant to Code Section 48-3-42” at the end of subsection (b).
The 2021 amendment, effective April 29, 2021, added subsection (e). See Editor’s notes for applicability.
Editor’s notes.
Ga. L. 2012, p. 318, § 16(b)/HB 100, not codified by the General Assembly, provides that: “Sections 1 through 14 of this Act shall become effective on January 1, 2013, provided that cases pending on January 1, 2013, shall continue to be governed by the law in effect on December 31, 2012, until the conclusion of the case.”
Ga. L. 2017, p. 723, § 1/HB 337, not codified by the General Assembly, provides that: “This Act shall be known and may be cited as the ‘State Tax Execution Modernization Act.’ ”
Ga. L. 2021, p. 120, § 5/SB 185, not codified by the General Assembly, provides: “This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval, and shall be applicable to all proceedings commenced before the Georgia Tax Tribunal or a superior court of this state on or after such date.” The Governor approved this Act on April 29, 2021.
Law reviews.
For article discussing remedies for tax illegally assessed under the Georgia Retailers’ and Consumers’ Sales and Use Tax Act, Ga. L. 1951, p. 360, § 1 et seq., see 9 Ga. St. B. J. 45 (1972).
For article discussing and comparing principal means by which a Georgia taxpayer may obtain judicial review of his state tax liability with emphasis on income and sales taxes, see 27 Mercer L. Rev. 309 (1975).
For article on the 2012 amendment of this Code section, see 29 Ga. St. U. L. Rev. 70 (2012).
For article with annual survey on state and local taxation, see 73 Mercer L. Rev. 231 (2021).
Structure Georgia Code
Title 48 - Revenue and Taxation
Chapter 2 - State Administrative Organization, Administration, and Enforcement
§ 48-2-31. Currency in Which Taxes to Be Paid
§ 48-2-34. Failure to Give Official Receipt for Payment of Taxes or License Fees; Penalty
§ 48-2-35.1. Refund of Sales and Use Taxes; Expedited Refunds
§ 48-2-36. Extension of Time for Returns
§ 48-2-37. Preparation of Delinquent Returns
§ 48-2-38. Due Date; Interest on Deferred Taxes
§ 48-2-39. When Date for Payment or Filing on Holiday
§ 48-2-40. Rate of Interest on Past Due Taxes
§ 48-2-41. Authority to Waive Interest on Unpaid Taxes
§ 48-2-42. Nature of Penalties
§ 48-2-43. Authority to Waive Penalties
§ 48-2-45. Service of Notice of Assessment
§ 48-2-46. Procedures for Protests
§ 48-2-47. Final Assessments and License Fees
§ 48-2-48. Deficiency Assessments; Interest
§ 48-2-49. Periods of Limitation for Assessment of Taxes
§ 48-2-50. Review of Assessments; Certifications
§ 48-2-51. Jeopardy Assessments; Collection; Bond
§ 48-2-52. Personal Liability of Corporate Officer or Employee for Tax Delinquency
§ 48-2-53. Compelled Production of Evidence
§ 48-2-54. Action by Commissioner to Collect Unpaid Tax
§ 48-2-54.1. Authorization to Charge Taxpayer’s Account
§ 48-2-55. Attachment and Garnishment; Levy
§ 48-2-56. Liens for Taxes; Priority
§ 48-2-57. Effect of Judicial Sale on State Tax Lien
§ 48-2-58. Release of Property Subject to State Tax Lien
§ 48-2-59. Appeals; Payment of Taxes Admittedly Owed; Bond; Costs
§ 48-2-60. Compromise Settlements; Penalty Refunds
§ 48-2-61. Effect of Actions Taken to Avoid Payment of Taxes; Liability
§ 48-2-62. Penalties for Tax Return Preparers; Prohibition on Continuing to Prepare Returns; Refunds