§ 58-111.1. Additional homestead exemptions; ad valorem property tax.

(a)

As used in this Act, the term:

(1)

"Ad valorem taxes for county purposes" means all ad valorem taxes for county purposes levied by, for, or on behalf of Fulton County, including, but not limited to, taxes to pay interest on and to retire bonded indebtedness and for general fund and special service district purposes.

(2)

"Base year" means the taxable year immediately preceding the taxable year in which the exemption under this Act is first granted to the most recent owner of such homestead.

(3)

"Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., with the additional qualification that it shall include only the primary residence and not more than five contiguous acres of land immediately surrounding such residence.

(4)

"Income" means federal adjusted gross income for federal income tax purposes.

(5)

"Senior citizen" means a person who is 65 years of age or over on or before January 1 of the year in which application for the exemption under this Act is made.

(b)

Each resident of Fulton County who is a senior citizen is granted an exemption on that person's homestead from all Fulton County ad valorem taxes for county purposes in an amount equal to the amount by which the current year assessed value of that homestead exceeds its base year assessed value if that person's income, together with the income of the spouse of such person who resides within such homestead, does not exceed $39,000.00 for the immediately preceding taxable year. This exemption shall not apply to taxes assessed on improvements to the homestead or additional land that is added to the homestead after January 1 of the base year. If any real property is removed from the homestead, the base year assessed value shall be calculated reflecting such removal. The value of that property in excess of such exempted amount shall remain subject to taxation.

(c)

(1)

A person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or person's agent files an affidavit and application with the tax commissioner of Fulton County giving:

a.

The person's age and the amount of income which the person and the person's spouse residing within such homestead received during the last taxable year; and

b.

Such information relative to receiving such exemption as will enable the tax commissioner of Fulton County to make a determination as to whether such owner is entitled to such exemption.

(d)

The tax commissioner of Fulton County shall provide affidavit and application forms for the exemption granted by subsection (b) of this section which shall require such information as may be necessary to determine the initial and continuing eligibility of the owner for the exemption.

(e)

The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A. The exemption shall be automatically renewed from year to year as long as the owner occupies the residence as a homestead. After a person has filed the proper application, affidavit, and certificate, if required, as provided in subsection (c) of this section, it shall not be necessary to make application thereafter for any year and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under subsection (b) of this section to notify the tax commissioner of Fulton County in the event that person for any reason becomes ineligible for that exemption.

(f)

The exemption granted by this Act shall not apply to or affect state ad valorem taxes, county or independent school district ad valorem taxes for educational purposes, or municipal taxes for municipal purposes. The homestead exemption granted by subsection (b) of this section shall be in addition to and not in lieu of any other homestead exemption applicable to county ad valorem taxes for county purposes.

(g)

The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January 1, 2003.

(2002 Ga. Laws, (Act No. 685), § 1)