US Lawyer Database

Section 13-305 – Exemptions From Tax

    (a)    If the amount of agricultural land transferred is not greater than the applicable residential minimum zoning size in effect at the time of transfer, an instrument of writing for the residential use of the owner of the agricultural land or the owner’s immediate family is not subject to the agricultural land transfer tax.     (b)    (1)    Except as […]

Section 13-306 – Distribution of Revenue

    (a)    (1)    Except in Montgomery County and except as provided in subsection (b)(1) of this section for a certified county, each county collector shall remit from a special account to the Comptroller, as the Comptroller specifies:             (i)    the revenue from:                 1.    the agricultural transfer tax that is attributable to the taxation of instruments of writing that transfer title to […]

Section 13-202 – Imposition of Tax

    Except as otherwise provided in this subtitle, a transfer tax is imposed on an instrument of writing:         (1)    recorded with the clerk of the circuit court for a county; or         (2)    filed with the Department and described in § 12-103(d) of this article.

Section 13-203 – Rate of Tax; Exemption From Tax

    (a)    (1)    Except as provided in subsections (a–1) and (b) of this section, the rate of the transfer tax is 0.5% of the consideration payable for the instrument of writing.         (2)    The consideration:             (i)    includes the amount of any mortgage or deed of trust assumed by the grantee; and             (ii)    subject to item (i) of this paragraph, includes only the […]

Section 13-204 – Evidence of Consideration

    The consideration payable shall be described in:         (1)    the recitals or the acknowledgment of the instrument of writing; or         (2)    a statement under oath that accompanies the instrument of writing and that is signed by a party to the instrument or by an agent of a party.

Section 12-109 – Payment of Recordation Tax

    (a)    (1)    An instrument of writing that is taxable under this title may not be recorded in any county until the recordation tax has been paid as provided by subsection (b) of this section.         (2)    An instrument of writing that is taxable under this title may not be filed with the Department until the recordation tax has been […]

Section 13-205 – Calculation of Tax

    (a)    If a lease of real property creating a perpetually renewable ground rent is recorded without a transfer of the reversionary estate for full consideration other than the ground rent being recorded at the same time, the transfer tax applies to the redemption sum as determined under § 8–804 of the Real Property Article plus any […]

Section 12-110 – Distribution of Revenue

    (a)    (1)    Except as provided in subsections (c) and (d) of this section, in any county except Prince George’s, the recordation tax collected by the collector or the clerk of the circuit court shall be paid to the governing body of the county in which the recordation tax was collected.         (2)    In Prince George’s County the recordation tax […]