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Georgia Property Tax Updates

UPDATED December 2023

LIHT'S Addressed Again in Georgia

In Freedom Heights, LP v. Lowndes County Board of Tax Assessors, Case No. A231103 (decided on October 26, 2023), the Court of Appeals reviewed a trial court’s decision concerning rent restricted apartments which found that the sales comparison approach is not to be used unless there is evidence of sales of other Section 42 properties with unused tax credits; the income approach to valuation is inapplicable due to the application of O.C.G.A.§ 48-5-(3)(B)(vii), and the cost approach (if applied correctly) can be used to value property; the trial court’s decision was affirmed.

In Gateway Pines Hahira, LP v. Lowndes County Board of Tax Assessors, Case No. A23A1370, the Court of Appeals decided on November 3, 2023 that the question of whether the exclusion of tax credits from the valuation of property violates the taxation uniformity provision of the Georgia Constitution may lie within the jurisdiction of the Georgia Supreme Court, and transferred the case there.

Lisa F. Stuckey.
Ragsdale, Beals, Seigler, Patterson & Gray, LLP
American Property Tax Counsel (APTC)

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American Property Tax Counsel

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