Georgia Department of Revenue (GA DOR) Local Government Services Division Informational Bulletin 2025-02 states:
“House Bill 586 (2025) amended the definition of a “long-term note secured by real estate” under O.C.G.A. § 48-6-60(3). This new definition defines a long-term note as one with any part of the principal due more than 62 months from the date of the note, or from the date of any instrument executed to secure the note and conveying or creating a lien or encumbrance on real estate for such purpose.
This new definition . . . is applicable for intangible recording tax purposes.
This new definition of “long-term note secured by real estate” shall apply to all notes and security instruments presented for recording . . .”
Even though the definition of “long-term note secured by real estate” was updated in Georgia’s statutes, it was not updated in Georgia’s regulations. Ga Comp. R. & Regs. 560-11-8-.03(3) continues to read:
“‘Long-term note secured by real estate’ shall mean any note representing credits secured by real estate by means of mortgages, deed to secure debt, purchase money deeds to secure debt, bonds for title, or any other form of security instrument, when any part of the principal of the note falls due more than three years from the date of the note or from the date of any instrument executed to secure the note and conveying or creating a lien or encumbrance on real estate for such purpose.”
To account for intangible recording tax exemptions for “short-term notes secured by real estate,” we have created the following new field:
Fl 194879 Georgia Intangible Recording Tax - Exempt Short-Term Note Per 560-11-8.03(4)
When FI 194879 is set to “Yes,” the following language will print on either the security deed or loan modification, and the language cites the applicable regulation (mirroring all other existing exemption fields), and additionally cites the statute and GA DOR Informational Bulletin:
Intangible Recording Tax: Exempt from fee per Ga. Comp. R. & Regs. 560-11-8.03(4), Ga. Code Ann. §48-6-60(3) & GA DOR LGSD HB 586 & SB 141 Info. Bull. 2025-02.
The following documents have been updated to include the short-term note exemption:
These changes are available for testing on Stage & Stage 2 servers and will take effect on September 29, 2026. If you have any questions or concerns about these changes, please contact Client Support at 1.800.497.3584.
COM-7705
DR-233222