§ 58-111. Homestead exemptions for person over 65 and the disabled; exemptions enumerated; application of exemptions; qualifications; required certificates; application forms; claims and renewals.

(a)

For purposes of this section, the term:

(1)

Adjusted gross income means such term as defined in the Internal Revenue Code of 1986, as such code is defined in O.C.G.A. § 48-1-2, except that for purposes of this section the term shall include only that portion of income or benefits received as retirement, survivor, or disability benefits under the federal social security act or under any other public or private retirement, disability, or pension system which exceeds the maximum amount which may be received by an individual and an individual's spouse under the federal social security act.

(2)

Fulton County ad valorem taxes for county purposes means all Fulton County ad valorem taxes, but does not include ad valorem taxes to pay interest on and retire county bonded indebtedness and does not include ad valorem taxes levied by, for, or on behalf of the Fulton County School District.

(3)

Homestead means homestead as defined and qualified in O.C.G.A. § 48-5-40.

(b)

Each resident of Fulton County who meets the requirements of subsection (c) of this section and is 65 years of age or over or is disabled is granted an exemption on that person's homestead from all Fulton County ad valorem taxes for county purposes in the following amounts of the assessed value of such homestead:

(1)

Two thousand dollars for the first taxable year the exemption under this section is applicable;

(2)

Four thousand dollars for the second taxable year the exemption under this section is applicable;

(3)

Six thousand dollars for the third taxable year the exemption under this section is applicable; and

(4)

Eight thousand dollars for the fourth and every taxable year thereafter the exemption under this section is applicable.

The value of the homestead in excess of the exempted amount shall remain subject to taxation.

(c)

The exemption provided by subsection (b) of this section shall only apply if such resident's adjusted gross income, together with the adjusted gross income of the resident's spouse who also resides at such homestead, does not exceed the maximum amount which may be received by an individual and an individual's spouse under the federal social security act.

(d)

In order to qualify for the exemption provided for in this section as being disabled, the person claiming such exemption shall be required to obtain a certificate from not more than three physicians licensed to practice medicine under O.C.G.A. tit. 43, ch. 34 (O.C.G.A. § 43-34-1 et seq.), relative to medical practitioners, as now or hereafter amended, certifying that in the opinion of such physician or physicians such person is mentally or physically incapacitated to the extent that such person is unable to be gainfully employed and that such incapacity is likely to be permanent.

(e)

The Tax Commissioner of Fulton County or the designee thereof shall provide application forms for the exemption granted by this section and shall require such information as may be necessary to determine the eligibility of the owner for the exemption.

(f)

Any person who, as of December 31 of the taxable year immediately preceding the taxable year this section first becomes applicable, has applied for and is eligible for the $10,000.00 homestead exemption from Fulton County ad valorem taxation for county school purposes for persons who are 65 years of age or over or who are disabled as provided by a resolution found at 1978 Ga. Laws, page 2367, shall be eligible for the exemption granted by this section without applying therefor. Otherwise, the exemption under this section shall be claimed and returned as provided in O.C.G.A. § 48-5-50.1. The exemption shall be automatically renewed from year to year as long as the owner occupies the residence as a homestead. It shall be the duty of any person granted the homestead exemption under this section to notify the Tax Commissioner of Fulton County or the designee thereof in the event that person for any reason becomes ineligible for that exemption.

(g)

The exemption granted by this section shall not apply to or affect any state taxes, municipal taxes, or county school district taxes for educational purposes.

(h)

The exemption granted by this section shall be in lieu of and not in addition to any other exemption from Fulton County ad valorem taxes for county purposes, except that this exemption shall be in addition to that exemption from such taxes granted by an act approved April 20, 1992 (1992 Ga. Laws, page 6583) [§ 58-109 hereof].

(1995 Ga. Laws (Act No. 250), page 4423, §§ 1—8; 1996 Ga. Laws (Act No. 686), page 3761, § 1)

Editor's note

The 1978 resolution cited in subsection (f) of the above section is superseded by the act compiled in the above section.