Georgians to decide 2 tax reform questions during November election

ATLANTA — Come Nov. 5, Georgians will be deciding more than just who they want for president and who will serve on a variety of boards and commissions across the state.

In addition to political officers, voters will also be deciding on two tax reform initiatives that passed in the legislature but would modify the state constitution.

As a result, the two ballot items have to be put in the hands of voters to fully decide if they will become law, or if they will be canceled.

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Here are the two tax-related ballot questions Georgia voters will have to approve or deny this November

Constitutional Amendment 1:

A RESOLUTION proposing an amendment to the Constitution so as to vest judicial power of the state in the Georgia Tax Tribunal; to provide for venue and jurisdiction of the Georgia Tax Tribunal; to provide for concurrent jurisdiction with superior courts; to provide for judges of the Georgia Tax Tribunal and their qualifications; to provide for vacancies; to provide for related matters; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

Constitutional Amendment 2:

A BILL to be entitled an Act to amend Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to property tax exemptions and deferral, so as to increase a statewide ad valorem tax exemption for tangible personal property; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for related matters; to provide for compliance with constitutional requirements; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.

Here’s what the ballot items would do if they pass

Constitutional Amendment 1:

Constitutional Amendment 1 would create a new judicial venue for tax-related court cases. The creation of a Tax Court, under the authority of the Georgia Tax Tribunal, would provide for state officials to hire judges to rule on cases involving tax disputes and businesses, as well as cases involving the Georgia Department of Revenue.

If passed by Georgia voters, judges hired to work in the statewide court would serve four-year terms and be appointed by the Governor. Their appointments would be subject to approval by majority votes in the Georgia Senate Judiciary Committee and the Georgia House Committee on Judiciary.

Currently, the state of Georgia’s Tax Tribunal is part of the Office of Administrative Hearings, which is separate from the state judicial system. Creating the tax court would expand options for tax enforcement and appeals.

Constitutional Amendment 2:

If passed, Constitutional Amendment 2 would give Georgia property owners a lot more wiggle room when it comes to exemptions for their property taxes.

Currently, the Georgia personal property tax exemption caps at $7,500 for ad valorem payments. If the amendment passes, the value would be increased to a $20,000 exemption.

According to the legislative text for the item, “All tangible personal property of a taxpayer, except motor vehicles, trailers, and mobile homes, shall be exempt from all ad valorem taxation if the actual fair market value of the total amount of taxable tangible personal property owned by the taxpayer,” up to $20,000.

Lawmakers wrote in the bill that it was intended to ensure “the payment of ad valorem taxation certain tangible personal property on which the tax due does not exceed the reasonable cost of administering and collecting the tax.”

Should voters decide to enact this change, it would take effect in the following tax year, beginning Jan. 1, 2025.

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