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Georgia Property Tax Updates

UPDATED june 2021

Georgia Supreme Court Refuses to Hear Tax Exemption Case

The Georgia Supreme Court refused to grant the county board of tax assessors’ petition for writ of certiorari in Fayette County Board of Tax Assessors v. Walmart Stores, Inc., 354 Ga. App. 584, 841 S.E.2d 104, cert. denied, No. S20C1407, ___ Ga. ___, ___ S.E.2d ___ (Ga. Feb. 1, 2021). The Georgia Court of Appeals had affirmed the trial court’s decision granting summary judgment for the taxpayer. The trial court had held that the personal property at issue, self-checkout component parts held for fewer than 12 months and destined for shipment outside the state of Georgia, was not subject to ad valorem taxation because the freeport exemption under O.C.G.A. § 48-5-48.2(c)(3) applied to the property. The Court of Appeals had held that the property fit into the category of finished goods as defined as “goods, wares, and merchandise of every character and kind.” and the property qualified as inventory as a list or quantity “of goods or materials on hand.” The Supreme Court’s denial of the certiorari petition means that the justices did not consider the case to be of great concern, gravity, or importance to the public.

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

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