An Act Concerning Counties' Share of the Real Estate Transfer Tax
Maine Legislature, Session 122, LD 0751
Committee: Taxation
Sponsors: DAMON, BARSTOW
Amends: 36 MRSA §4641-B

Legislative Document 
No. 751 
S.P.249 
In Senate, February 10, 2005 
An Act Concerning Counties' Share of the Real Estate Transfer Tax 
Reference to the Committee on Taxation suggested and ordered printed. 
Presented by Senator DAMON of Hancock. 
Cosponsored by Representative BARSTOW of Gorham. 
Printed on recycled paper 
JOY J. O'BRIEN 
Secretary 0 f the Senate 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 36 MRSA §4641-B, sub-§3, as enacted by PL 2001, 
c. 
559, Pt. I, §4 and affected by §15, is repealed and the following 
enacted in its place: 
3. 
Disposition of funds. 
On or before the 10th day of each 
month, each register of deeds shall pay over to the State Tax 
Assessor 
a 
percentage of the tax collected pursuant to this 
section during the previous month based on the following schedule: 
A. 
Beginning February 2006, 
85'1-0 of the tax collected. 
The 
remaining 15% is retained for the county by the register of 
deeds 
and 
accounted 
for 
to 
the 
county 
treasurer 
as 
reimbursement 
for 
services 
rendered 
by 
the 
county 
in 
collecting the tax; 
B. 
Beginning February 2007, 
80'1-0 of the tax collected. 
The 
remaining 20% is retained for the county by the register of 
deeds 
and 
accounted 
for 
to 
the 
county 
treasurer 
as 
reimbursement 
for 
services 
rendered 
by 
the 
county 
in 
collecting the tax; 
C. 
Beginning February 2008, 75% of the tax collected. 
The 
remaining 25% is retained for the county by the register of 
deeds 
and 
accounted 
for 
to 
the 
county 
treasurer 
as 
reimbursement 
for 
services 
rendered 
by 
the 
county 
in 
collecting the tax; and 
D. 
Beginning February 2009, 70% of the tax collected. 
The 
remaining 30% is retained for the county by the register of 
deeds 
and 
accounted 
for 
to 
the 
county 
treasurer 
as 
reimbursement 
for 
services 
rendered 
by 
the 
county 
in 
collecting the tax. 
Sec. 2. 36 MRSA §4641-B, sub-§4, as amended by PL 2003, c. 20, 
Pt. V, §l, is further amended to read: 
4. 
Distribution of State's share of proceeds. 
The State 
Tax Assessor shall pay all net receipts received pursuant to this 
section to the Treasurer of State, and shall at the same time 
provide the Treasurer of State with documentation showing the 
amount 
of 
revenues 
derived 
from 
the 
tax 
imposed 
by section 
464l-A, subsection 1 and the amount of revenues derived from the 
Page l-LR1625(1) 
tax imposed by section 464l-A, subsection 2. 
The Treasurer of 
State shall credit ±,L6 65°-0 of the revenues derived from the tax 
imposed by section 464l-A, sYBseetiea subsections 1 and 2 to the 
General Fund and shall monthly pay the remaining ±,L6 35% of such 
revenues 
to 
the 
Maine 
State 
Housing 
Authority, 
which 
shall 
deposit the funds in the Housing Opportunities for Maine Fund 
created in Title 30-A, section 4853, except that in fiscal year 
2003-04 and fiscal year 2004-05, $7,500,000 of the remaining 1/2 
of those revenues must be transferred to the General Fund before 
any payments are made to the Maine State Housing Authority. 
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SUMMARY 
This bill increases the portion of the real estate transfer 
tax that is retained by the county by 
5°'0 each year beginning 
February 2006 to a maximum of 30% from the current level of 10%. 
This bill also changes the distribution percentage of the 
revenue derived from 
the transfer taxes 
imposed on deeds or 
controlling interests in real property to give the Maine State 
Housing Authority 35% of the revenue.