At Calloway Title, we are committed to keeping our clients informed of any legal or regulatory changes that could impact your business.
A significant change has been enacted that affects Georgia’s Deeds to Secure Debt and the classification and taxation of certain loans.
On April 4, 2025, the Georgia Senate passed House Bill 586 (HB 586), which was signed into law by the Governor on May 9, 2025. This bill revises O.C.G.A. § 48-6-60(3), affecting the treatment of “short-term notes” under Georgia’s intangible recording tax regime.
Key Change to O.C.G.A. § 48-6-60(3)
Prior to this amendment, a “short-term note” was defined as any instrument securing indebtedness with a maturity not exceeding three years (36 months) from the date of execution. Loans exceeding this term were subject to Georgia’s intangible recording tax (calculated at $1.50 per $500 of principal indebtedness).
Effective July 1, 2025, the maturity limitation for qualifying as a “short-term note” is extended from 36 months to 62 months (five years and two months)— a significant extension that could reduce tax burdens for longer-term financing arrangements. Notes falling within this new window will remain exempt from intangible tax assessments, provided they otherwise meet the statutory criteria.
See Official Bill Text of HB 586
Why This Matters to Commercial Real Estate Investors, Developers and Lenders
✔️ Increased Loan Flexibility:
Borrowers and lenders can now structure real property loans with maturities up to 62 months without triggering Georgia’s intangible recording tax, providing more options for financing development projects, value-add acquisitions or stabilized assets awaiting permanent financing.
✔️ Potential Cost Savings:
Intangible recording tax is assessed at $1.50 per $500 of principal indebtedness. On large commercial loans, this tax can be substantial. With this law change, loans previously deemed “long-term” — and therefore taxable — may now fall within the expanded short-term exemption window, reducing upfront transaction costs.
✔️ Alignment with Market Needs:
The revision reflects modern commercial financing practices, where loan terms often exceed three years but remain under five. The change enhances Georgia’s competitiveness as a jurisdiction for real estate lending and development. It also helps level the playing field for entities like community banks, allowing them to compete more fairly against larger banks and tax-exempt financial services companies, according to this article.
✔️ Reassessment Opportunity for Existing and Pending Loans:
Parties considering loan modifications, extensions or refinancing should reassess their documents to see if adjusting terms under the new law could secure tax advantages.
We strongly encourage all our clients to review their upcoming and existing loan agreements and discuss these changes with their legal counsel, lenders and tax advisors to ensure they are fully prepared ahead of the July 1, 2025, effective date.
Calloway Title—Your Partner in Commercial Real Estate Success.
Our team has extensive experience handling complex, high-value commercial transactions across Georgia, including projects such as Truist Park, Atlantic Station and the Atlanta Beltline, which you can explore in our portfolio.
We understand the intricacies of Georgia’s title laws, lending practices and tax considerations, and we leverage this knowledge to protect your interests at every stage of the transaction. As this latest change with HB 586 shows, staying ahead of legislative shifts is crucial to maximizing value and minimizing risk. Let our experienced team guide you through your next commercial closing with confidence.
See why Georgia and the rest of the nation’s top developers trust Calloway Title. Visit www.titlelaw.com to work with us.