TAX FIFA
Frequently Asked Questions (FAQs)
WHAT IS A TAX FIFA? it is a judicial writ directing the sheriff (marshal) to satisfy a judgment from the debtor’s property (in other words - it’s a tax lein against a person and/or his or her property).
WHAT HAPPENS WHEN A FIFA IS FILED? A taxpayer will be unable to sell or refinance the property (or any others they may own) if the fifa is not paid: it is a negative mark on the taxpayer’s credit report, and remains in effect for seven years.
WHAT IF I SOLD MY PROPERTY LAST YEAR? according to Georgia revenue code 48-5-10, if you own the property on January 1, you owe the tax for the year. however, there is this one exception: Georgia code 48-3-3 section c, provides that if the taxpayer can prove the ownership was transferred after January 1, but before the taxes became delinquent and that the liability for the payment of ad valorem taxes was assigned to the vested transferee by written agreement or contract, then the fifa will be issued in the new owners name. the burden of proof is on the taxpayer.
WHAT IF I JUST BOUGHT THE PROPERTY? (new owners are not the taxpayers designated to receive the notices of intent; the owners as of Jan 1 are the designated reciepients) HOWEVER…a fifa could be filed in a new owners name if the old owner proves that taxes were addressed at a real estate closing as mentioned in the above question. |
