Q: Military member selling house in GA but not a resident. Is there a way not to pay the 3% withholding tax 48-7-128.
We moved years ago due to military deployment and stationed to another Post. We do not pay GA state tax due to Texas resident.
A: That’s a good question. It sounds like the tax is an unconstitutional burden on interstate commerce because it unfairly discriminates against out of state taxpayers. It would seem fair if every owner of real GA property paid the tax because that’s where the property is. But to soak out of state investors seems unconstitutionally unfair to me. Expensive to challenge though unless an interest group would want to challenge it.
A: If the State of Georgia withholds 3% of the proceeds coming from the sale of all residential property in Georgia-- regardless of where the owner lives--then the tax on residential property sales is not unconstitutional nor unlawful.
Why? Because Georgia is treating all residential property owners equally.
However, I seriously doubt Georgia is really taxing all sales of all residential property. Why? Because unhappy Georgia residents/voters would have voted against all politicians who imposed a stupid tax like that.
Therefore, IMPO it is much more likely that Georgia only taxes the sale of residential property that the owner does not live in personally. Why? Because taxing RENTAL property is not the same as taxing people's homes.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.