§ 48-6-1 et seq., on these federal mortgage companies' real estate transactions in Georgia was precluded. §§ 1452(e), 1723a(c)(2), and 4617(j)(2) apply to specific entities, not property, and include excise taxes thus, imposition of Georgia's real estate transfer tax, O.C.G.A. Exemptions from state taxation in 12 U.S.C. § 48-6-2(a)(3) did not apply to the out-of-state public authority the commissioner's determination that the exemption did not apply to such an entity was entitled to deference pursuant to the principles of O.C.G.A. ![]() ![]() § 48-6-1, was denied when it was found that the exemption provided in O.C.G.A. § 48-6-7(b), protesting the denial by the Revenue Commissioner of the State of Georgia of the authority's request for a refund of real estate transfer tax, paid pursuant to O.C.G.A. Florida public authority's action under O.C.G.A. Florida public authority not entitled to exemption. Municipal Electric Authority of Georgia is exempt from the transfer tax imposed by this statute. Warranty deed which shows on the deed's face both that the deed was for a consideration in excess of $100.00, and that no tax has been paid is not entitled to be recorded nor can such a deed serve as constructive notice to a later buyer. Recordation of deed and effect as notice when tax not paid. § 48-5-3 did not support an argument regarding the nature of the transfer tax in O.C.G.A. 490, 512 S.E.2d 378 (1999).īecause Georgia's ad valorem taxation scheme is contained in its own chapter, entirely separate from the chapter that describes the real estate transfer tax, the definition of taxable property in O.C.G.A. Real estate tax is an excise tax on transactions involving the sale of property. § 48-6-1, both being based on increments in the value of the instrument being recorded and being calculated in the same manner. § 48-6-61 is analogous to the real estate transfer tax imposed by O.C.G.A. For article surveying developments in Georgia real property law from mid-1980 through mid-1981, see 33 Mercer L. For article surveying developments in Georgia local government law from mid-1980 through mid-1981, see 33 Mercer L. Intangible recording tax, Official Compilation of the Rules and Regulations of the State of Georgia, Department of Revenue, Local Government Services Division, Chapter 560-11-8. Substantive regulations, Official Compilation of the Rules and Regulations of the State of Georgia, Department of Revenue, Local Government Services Division, Chapter 560-11-2. 1684) creating the Land, Water, Wildlife, and Recreation Heritage Fund which was defeated at the November, 1998, general election and was not given effect. The 1998 amendment was contingent on approval of the constitutional amendment (Ga. There is imposed a tax at the rate of $1.00 for the first $1,000.00 or fractional part of $1,000.00 and at the rate of 10› for each additional $100.00 or fractional part of $100.00 on each deed, instrument, or other writing by which any lands, tenements, or other realty sold is granted, assigned, transferred, or otherwise conveyed to or vested in the purchaser or purchasers, or any other person or persons by his or their direction, when the consideration or value of the interest or property conveyed (exclusive of the value of any lien or encumbrance existing prior to the sale and not removed by the sale) exceeds $100.00.
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