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Thread: When a fee in lieu of taxes authorized in Section 27-31-104 by counties or municipalities is not a fixed amount, may the granting authority set a floor value for a project?

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    Janet Wilson Guest

    Default When a fee in lieu of taxes authorized in Section 27-31-104 by counties or municipalities is not a fixed amount, may the granting authority set a floor value for a project?

    Q When a fee in lieu of taxes authorized in Section 27-31-104 by counties or municipalities is not a fixed amount, but rather is stated as a fraction or percentage of the ad valorem taxes, may the granting authority set a floor value for a project in order to prevent a potential loss of tax revenue?

    A No. Pursuant to the provisions of Section 27-31-104, when a fee in lieu is stated as a fraction or percentage of ad valorem taxes, it is computed annually on all ad valorem taxes otherwise payable and may increase or decrease from year to year based on changes in the millage rates or assessed value. There is no provision for a floor or minimum amount of a fee when the fee is stated as a percentage of ad valorem taxes. (Attorney General’s Opinion to Sherard dated July 23, 2010)
    Last edited by Janet Wilson; 01-27-2011 at 11:25 AM.

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