Legal Question in Tax Law in Georgia

Ad Valorem Tax

Property owners are responsible for paying ad valorem tax when people who rent or nonproperty owners have children going to the same schools, getting the same education, driving the same roads and taking advantage of everything the property owners are paying for. Is this discrimniation or at the least unethical. I know that it is not fair.I was told that the renters tax is included in their rent but it is not recorded by the county so there is no proof. Also if the tax was included in the rent, the rental property owner would be getting out of paying. How can this method of taxing be legal? I spoke to a county commissioner about this and he either can not or will not give me a legitimate answer.


Asked on 5/26/07, 7:32 am

1 Answer from Attorneys

Keith Reisman Reisman Law

Re: Ad Valorem Tax

First things first, I am not aware of a renter's tax in Georgia, Gordon County or Calhoun.

You are correct that property in Georgia is taxed with the tax paid by the owner of the property to the taxing authority.

While renters do not pay a property tax directly to the taxing authority, I assure you that when a landlord decides on the rent amount, the landlord includes a component to cover the property taxes that the landlord has to pay. In other words, the landlord passes the tax through to the tenant as part of the rent paid.

This answer, though responsive to the question, is general in nature. It is not designed to be and should not be relied on as your sole source of information when analyzing and resolving a specific legal issue. Each fact situation is different; the laws are constantly changing. If you have specific questions regarding a particular fact situation, I urge you to consult with competent legal counsel.

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Answered on 5/26/07, 8:27 am


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