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 13-307 – Administration of Tax
The Department shall adopt regulations to implement this subtitle.
Section 13-308 – Notice of Tax Liability
(a) When a contract is executed for the transfer of any interest in agricultural land, the seller shall notify the buyer, in writing, that the transfer may be subject to the agricultural land transfer tax. (b) If a seller fails to notify a buyer as required by subsection (a) of this section, the seller is liable to […]
Section 13-301 – Definitions
(a) In this subtitle the following words have the meanings indicated. (b) “Agricultural land” means real property that is or was assessed on the basis of farm or agricultural use under § 8–209 of this article. (c) (1) “Agricultural land transfer tax” means the tax imposed under § 13–302 of this subtitle. (2) “Agricultural land transfer tax” does not include […]
Section 13-302 – Imposition of Tax; Payment of Tax
(a) Except as otherwise provided in § 13-305 of this subtitle, agricultural land transfer tax is imposed on an instrument of writing that transfers title to agricultural land. (b) Agricultural land transfer tax is payable in addition to any other transfer tax imposed under this title. (c) An instrument of writing subject to agricultural land transfer tax may […]
Section 13-303 – Rate of Tax
(a) The agricultural land transfer tax applies at the following rates: (1) for a transfer of 20 acres or more of agricultural land, 5%; (2) except as provided in item (3) of this subsection, for a transfer of less than 20 acres of agricultural land assessed for agricultural use or as unimproved agricultural land, 4%; or (3) for a […]
Section 13-304 – Calculation of Tax; Improvements Valued
(a) The agricultural land transfer tax is imposed on the consideration payable for the instrument of writing less: (1) the total value of any improvements on the property; and (2) the total value of any land not subject to the agricultural land transfer tax. (b) (1) If an instrument of writing transfers agricultural land with an improvement that has not […]