Fulton County Property Tax Increases and the Taxpayer Bill of Rights

Posted by Jill Noelle Olandria on Sep 21, 2015 11:30:00 AM

Taxpayers will understandably balk at increases in their taxes especially when these apply on real and personal property. Such a tax-averse attitude will likely be observed when there are Fulton County property tax increases, which add to the yearly burden on top of other types of taxes.

Fortunately, the State of Georgia is not completely deaf to the clamor of its taxpayers. According to the Taxpayer Bill of Rights, taxpayers have reasonable protection from indirect tax increases caused by increases in existing property values. Property owners, such as you, should consult with tax consultants about said protection especially when planning to file an appeal against unfairly high assessed values.

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Prevention of Indirect Increases on Property Tax

Under the bill of rights, taxpayers should be informed about the intent to increase Fulton County property tax by the tax authorities. The information dissemination is designed to ensure that taxpayers can express their assenting or dissenting opinions about the matter.

Emphasis must be made that there are two types of annual value increases to a county tax digest, namely, increase due to economic inflation and increase due to either improved or new property.  

Local levying authorities are not obligated to comply with additional requirements when the annual millage rate is rolled back to offset inflationary increases in the county’s tax digest. But when an increase is planned, the local levying authorities must notify the public.

The Tax Commissioner will also not authorize tax collections on any tax digest when the local levying authorities fail to comply with the law. Taxpayers should look into this technical detail as part of the common effort to contest the increase in Fulton County property tax.

Compliance with a Legal Process

The law in the State of Georgia also requires that in the preparation of the total digest on taxable personal and real property, a rollback millage rate should be computed. The rate should generate the same total revenue on the present year’s new digest as the previous year’s millage rate had there been no reassessments.

In case the county officials elect to set a millage rate higher than the rollback rate, the local levying authorities are obligated by law to comply with the following legal process. The steps mentioned herein are designed to ensure that the people affected by the possible increase in Fulton County property tax will be notified of it and take appropriate action.

First, the local levying authorities must hold 3 public hearings wherein the general public particularly property owners can provide input and feedback about the proposed tax increase. Of the 3 public hearings, two can coincide with other required public hearings, such as when the budget is advertised and when the millage rate is finalized.

Second, the levying authorities must publish a notice in a paper of general circulation one week in advance of these 3 public hearings. The more people know about the public hearings, the more input that can be gained to improve the tax system.

Third, the levying authorities must issue a press release announcing its intent for a tax increase. Explanations for it should be included in the press release, too.

Ultimately, you as the property owner/taxpayer have the responsibility to actively participate in the Fulton County property tax process by attending these hearings, among others.

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