Georgia Department of Revenue 2013 TAX DIGEST SUBMISSION Georgia Department of Revenue What is the tax digest? A listing of assessments (value) and exemptions Real and Personal Property Timber Mobile Homes Motor Vehicles Heavy Duty Equipment Public Utilities Georgia Department of Revenue Who’s Responsible? Tax Commissioner Tax Assessor County Board of Commissioners County Board of Education Georgia Department of Revenue Board of Commissioners Board of Education Establish annual budget Set Millage rate Advertise and Hold Public Hearings Georgia Department of Revenue COUNTY MILLAGE RATE CERTIFICATION Georgia Department of Revenue Setting Millage Rate Budget / Net Assessed Value = Millage Rate $2,513,394 / 136,597,405 = 0.01840 0.01840 x 1000 18.40 gross mills Georgia Department of Revenue O.C.G.A. 48-5-304 …The commissioner shall not be required to disapprove or withhold approval of the digest of any county solely because appeals have been filed or arbitrations demanded on the assessment of any property or number of properties in the county … Georgia Department of Revenue WORKSHEETS, ROLLBACKS, ADVERTISEMENTS PT32.1A - Revenue Reduction Calculation Worksheet PT32.1 - Computation of Millage Rate Rollback Current Digest and Five Year History Advertisement Notice of Property Tax Increase Advertisements Press Release Georgia Department of Revenue PT32.1A Revenue Reduction Calculation Worksheet Used to calculate the value of revenue reduction due to implementation of the Forest Land Protection Act of 2008 Georgia Department of Revenue Georgia Department of Revenue PT32.1 Calculation of Millage Rate Rollback Amended to include Revenue Reduction Value attributable to the implementation of the Forest Land Protection Act of 2008. Georgia Department of Revenue Georgia Department of Revenue Advertisements O.C.G.A. 48-5-32 and O.C.G.A. 48-5-32.1 Requires levying and recommending authority: To publish 5-Year History and Current Digest If proposed millage exceeds rollback rate (as calculated by PT32.1 form) a Press Release must be issued and three public hearings must be held and advertised as Notice of Tax Increase Georgia Department of Revenue Georgia Department of Revenue Format for Notice of Tax Increase Georgia Department of Revenue Georgia Department of Revenue Georgia Department of Revenue Digest Submission Date? st 1 August or Date approved by Revenue Commissioner Georgia Department of Revenue Order Issued The Revenue Commissioner issues an order authorizing the Tax Commissioner to proceed with the billing & collection process. Penalty for Collection of tax before Commissioner’s Order is Received: Double Amount Attempted to be Collected Georgia Department of Revenue What happens if the digest can not be submitted by August 1st ? Request for an extension must be submitted in writing to Revenue Commissioner, along with detailed explanation of circumstances that warrant consideration for the extension. Georgia Department of Revenue No digest in sight? Voluntary Collection Order issued by Revenue Commissioner. Temporary Collection Order issued by Superior Court Judge. 48-5-310 Georgia Department of Revenue QUESTIONS? Georgia Department of Revenue House Bill 386 Tax Reform Legislation Title Ad Valorem Tax Georgia Department of Revenue What changed on March 1, 2013? • Titled motor vehicle purchased on or after March 1, 2013: • Exempt from sales and use tax • Exempt from annual ad valorem tax (birthday tax) in Chapter 5 of Title 48 • Subject to a title ad valorem tax (TAVT) • Alternative ad valorem tax Georgia Department of Revenue Definitions • “Motor Vehicle” means every vehicle which is self-propelled other than an electric personal assistive mobility device (EPAMD). • O.C.G.A. § 40-1-1(33) – Titled Vehicles Georgia Department of Revenue How is TAVT Calculated? - FMV of vehicle Trade In Value Taxable Value (dealer sales only) Taxable Value * rate = Tax Due Georgia Department of Revenue Comparison Pre-March 1 March 1 $35,000 sale price - $15,000 trade in allowance $20,000 taxable value $35,000 sale price - $15,000 trade in allowance $20,000 taxable value 7.0% Sales Tax = $1,400 Title Ad Valorem Tax Due = $1,300.00 Ad valorem based on 25 mills = $350 ($35,000 * .40 * 25 mills) Year 1 taxpayer pays $1,750 $450 savings in year 1 + annual ad valorem tax in future years Georgia Department of Revenue Non-dealer (casual) transactions Pre-March 1 March 1 $35,000 value $35,000 value - No allowance for trade in $35,000 taxable value $350 annual ad valorem tax Title Ad Valorem Tax Due = (25 mills * $14,000 assessed value) + $18.00 Title Application Fee + $20.00 Registration Fee $2,275 + $18.00 Title Application Fee + $20.00 Registration Fee Georgia Department of Revenue Revenue & Distribution • Local Base amount = $1 billion – Average 2007 and 2008 • Local current collection amount – Amount of ad valorem taxes collected in prior year • Local target collection amount – Local base amount added to the product of 2% of the local base amount multiplied by the number of years since 2012 with a maximum amount of $1.2 billion • 2014 - $1,020,000,000 • 2015 - $1,040,000,000 • State base amount = $535 M Georgia Department of Revenue State & Local Title Ad Valorem Tax Rates Tax Year Tax Rate State % Local % 2013 6.5% 57% 43% 2014 6.75 55% 45% 2015 7% 55% 45% 2016* 7% 53.5% 46.5% 2017* 7% 44% 56% 2018* 7% 40% 60% 2019* 7% 36% 64% 2020* 7% 34% 66% 2021* 7% 30% 70% 2022 – forward* 7% 28% 72% Georgia Department of Revenue Annual Notification – January 15th date for commissioner to make determination of the rate (split) – January 31st notification due to county tax commissioners of the adjusted rate (split) – The effective date of such adjusted rate amounts shall be January 1 of such tax year • 1st distributions cannot be made until notification from DOR of the adjusted rate Georgia Department of Revenue Other Adjustments • 2015, 2018, 2022 – July 1 the Revenue Commissioner determines state target collection amount (STCA) and the state current collection amount (SCCA) • If the SCCA is within 1% of the STCA – no change in rate • If the SCCA is more than 1% less of the STCA tax rate may be increased to equal STCA & the LTCA that should have been collected and the increase is given to the state • Notification to county no later than August 31 to be effective January 1 of next calendar/tax year • Rate cannot exceed 9% Georgia Department of Revenue Distributions • Proceeds disbursed within 20 days following the end of each calendar month Georgia Department of Revenue Distribution to State Ad valorem tax Distributed to: & fees State title ad valorem tax, fees, salvage, penalties, interest, administrative fees State (deposited in General Treasury) Deductions 1% Administrative Fee (to be remitted to the collecting county’s general fund) Penalty Failure to remit within the 20 day period results in forfeiture of administration fee plus interest at the rate of 1% per month Georgia Department of Revenue Distribution of Local Title Ad Valorem Tax • Within 20 days following the end of each calendar month allocate and distribute in an amount to offset any reduction in ad valorem tax on motor vehicles collected under Chapter 5 of Title 48 (ad valorem tax): – – – – County governing authority Municipal governing authorities Board of education of county schools Board of education of municipal schools Georgia Department of Revenue “Old” Ad Valorem Tax • Titled vehicles with no ownership change • Non-titled vehicles – 1985 or older vehicles are not required to be titled – Trailers – Campers Georgia Department of Revenue How to Calculate Ad Valorem True-Up • Subtract the amount of ad valorem tax on motor vehicles (old method) collected in the same month of 2012 District County School Special Districts Municipalities Amount Collected March 2012 Amount Collected March 2013 Difference Georgia Department of Revenue Levy Type District & Name Net Annual Ad Valorem Tax Before True-up TAVT True-up Net Annual Ad Valorem Tax after TrueUp (= Same Month/2012) County M & O School Municipalities TOTALS Unincorporated $ 34,521.23. $ 1,726.06 $ 36,247.29 Incorporated $ 70,144.52 $ 3,507.23 $ 73,651.75 County M & O $222,751.00 $11,137.55 $233,888.60 City 1 School $ 8,652.31 $ 432.62 $ 9,084.93 City 2 School $ 7,562.23 $ 378.11 $ 7,940.34 City 1 $ 11,235.12 $ 561.76 $ 11,796.88 City 2 $ 1,985.47 $ $ 2,084.74 $322,330.65 99.27 $ 16,116.54 $338,447.24 Georgia Department of Revenue Shortfall • What happens when there is insufficient funds to make up the difference in ad valorem tax? – Allocate a proportionate amount of available proceeds to each governing authority & school boards – Any remaining funds to be paid will be paid from next month’s proceeds Georgia Department of Revenue Distribution of TAVT (3 Thirds) 1st Third County & Independent School Systems 2nd Third Local Governments or Schools 3rd Third Local Governments Georgia Department of Revenue Distribution of 1st Third IF…… THEN….. The county has no independent school districts 100% of the first third goes to the county school board The county has one or more independent school districts The first third is shared among the county and the independent school districts based on ratio of students in each school system –or – SPLOST agreement Georgia Department of Revenue Distribution of 2nd Third IF The county has ELOST Then Distributed to the county school boards and the municipal school boards “in the same manner as required under the local constitutional amendment.” If county has LOST: Distributed to the county authority and each qualified If no ELOST then funds distributed to local municipality in the county according to governments the county’s LOST distribution certificate. If no LOST: Distributed based on population Georgia Department of Revenue Distribution of 3rd Third If … Then … Current SPLOST: Distributed to the county authority and each qualified municipality in the county according to the intergovernmental agreement or as otherwise required under the SPLOST that is in effect at the time. Expired SPLOST: Distributed to the county authority and each qualified municipality according to these rules: The county has SPLOST or expired SPLOLST - If the SPLOST has expired within 12 months, distributed to the county authority and each qualified municipality in the county according to the intergovernmental agreement or as otherwise required under the SPLOST that was previously in effect. - If the SPLOST has expired over 12 months ago, then ▪ If there is a LOST in effect, distributed to the county authority and each qualified municipality in the county according to the county’s distribution certificate ▪ If there is no LOST in effect, distributed “according to the ratio that each such municipality bears to the population of the entire county.” Georgia Department of Revenue Statistics • Reports/payments received through April 24th from 94 counties for March collections – $ 4,396,180 – True-up ad valorem tax – $12,140,569 – Distributed following sales tax percentages – Total local money (not including admin fee) • $16,536,749 • Admin fee retained by counties - $203,135 – Funds remitted to State • $19,512,795 Georgia Department of Revenue Statistics • For March 2013 (for counties that data was available) 5 counties “negative” for ad valorem tax true-up • • • • • Brantley Miller Pulaski Ware Washington Georgia Department of Revenue Statistics • Daily Average to date for April – $4.7 M – 9,000 transactions (all types) Georgia Department of Revenue Statistics • TAVT through April 24, 2013 – $140,589,015 statewide – 356,335 transactions – $129,353,679 from title transfers at 6.5% rate since March 1, 2013 – 197,287 title transfers paying full TAVT rate since March 1, 2013 Georgia Department of Revenue Contact Vicki Lambert vicki.lambert@dor.ga.gov For Digest Questions Ellen Mills ellen.mills@dor.ga.gov Georgia Department of Revenue