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Home » US Law » 2022 Maryland Statutes » Tax - Property » Title 12 - Recordation Taxes

Section 12-103 – Rate of Tax

    (a)    (1)    Except as provided in subsection (a–1) of this section, the recordation tax rates under this section are applied to each $500 or fraction of $500 of consideration payable or of the principal amount of the debt secured for an instrument of writing.         (2)    The consideration:             (i)    includes the amount of any mortgage or deed of trust assumed […]

Section 12-104 – Evidence of Consideration or Debt

    (a)    Except as provided in subsection (b) of this section, the consideration payable, including the amount of any mortgage or deed of trust assumed by the grantee, or the principal amount of the secured debt incurred, shall be described in:         (1)    the recitals or the acknowledgment of the instrument of writing; or         (2)    an affidavit under oath that […]

Section 12-105 – Calculation of Tax

    (a)    (1)    For a deed, deed of trust, or mortgage transferring title to real property located partly in the State, the recordation tax applies to the consideration payable or the principal amount of the debt secured in the same ratio that the value of the real property that is located in the State bears to the value […]

Section 12-108 – Exemptions From Tax

    (a)    (1)    Except as provided in paragraph (2) of this subsection, an instrument of writing is not subject to recordation tax, if the instrument of writing transfers property to or grants a security interest to:             (i)    the United States;             (ii)    the State;             (iii)    an agency of the State; or             (iv)    a political subdivision in the State.         (2)    The Mayor and City Council […]

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 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 […]

Section 12-112 – Administration of Tax

    The Department may adopt regulations to administer the collection and remitting of recordation tax for instruments of writing filed with the Department.

Section 12-113 – Proceeds From Recordation Tax in Harford County

    (a)    In Harford County the collector shall deposit proceeds from recordation tax at the rate of $2.20 in a special capital improvement fund to be used to pay school bonds issued on the faith and credit of Harford County after January 1, 1959. After the debt service for the current fiscal year has been met, the […]

Section 12-114 – Charles County Rental Transfer Exemption

    (a)    In this section, “rental dwelling” means residential real property with accommodations for not more than 4 units that is held by the owner primarily for rental, investment, or the generation of income and is located in a targeted area designated by the governing body of Charles County under § 9-310(c) of this article.     (b)    The governing […]

Section 12-115 – Charles County Targeted Businesses Exemption

    (a)    The governing body of Charles County may grant, by law, a credit, in whole or in part, against the recordation tax imposed on an instrument of writing which transfers property in Charles County to targeted businesses relocating, expanding, or undertaking new construction in Charles County.     (b)    The law adopted under subsection (a) of this section shall […]

Section 12-116 – Exemption From Recordation Tax

    The Mayor and City Council of Baltimore City or the governing body of a county may exempt, by law, from the recordation tax an instrument of writing that transfers property from or grants a security interest from:         (1)    the United States;         (2)    the State;         (3)    an agency of the State; or         (4)    a political subdivision in the State.

Section 12-117 – Tax on Consideration Payable for Transfer of Controlling Interest in Real Property Entity

    (a)    (1)    In this section the following words have the meanings indicated.         (2)    “Controlling interest” means:             (i)    more than 80% of the total value of all classes of stock of a corporation;             (ii)    more than 80% of the total interest in capital and profits of a partnership, association, limited liability company, or other unincorporated form of doing business; or             (iii)    more […]

Section 12-118 – Tax on Instrument That Transfers Title to Improved Residential Real Property

    (a)    (1)    In this subsection the following words have the meanings indicated.         (2)    “Acquired dwelling” means a dwelling:             (i)    that was owned by a displaced homeowner; and             (ii)    that by negotiation or condemnation was acquired from the displaced homeowner for public use by the State or a political subdivision or instrumentality of the State, where the acquiring agency had the […]