2023 Maine Revised Statutes › TITLE 36: TAXATION › Part 7: SPECIAL TAXES › Chapter 711-A: REAL ESTATE TRANSFERS › 36 §4641-B. Collection

§4641-B. Collection
1.  Transfer of real property by deed.
The State Tax Assessor shall provide for the collection of the tax on the transfer of real property by deed by each register of deeds. When any deed is offered for recordation, the register of deeds shall ascertain and compute the amount of tax due on the deed and shall collect that amount. The amount of tax must be computed on the value of the property as set forth in the declaration of value prescribed by section 4641‑D. Payment of tax must be evidenced by affixing an indicium of payment prescribed by the assessor to the declaration of value provided for in section 4641‑D.
[PL 2007, c. 627, §82 (AMD).]
2.  Transfer or acquisition of controlling interest in entity with fee interest in real property.
A person transferring or acquiring a controlling interest in an entity with a fee interest in real property for which a deed is not given shall report the transfer or acquisition to the register of deeds in the county or counties in which the real property is located within 30 days of the transfer or acquisition on a return in the form of an affidavit furnished by the State Tax Assessor. The return must be accompanied by payment of the tax due. When the real property is located in more than one county, the tax must be divided among the counties in the same proportion in which the real property is distributed among the counties. Disputes between 2 or more counties as to the proper amount of tax due to them as a result of a particular transaction must be decided by the State Tax Assessor upon the written petition of an official authorized to act on behalf of any such county.
[PL 2019, c. 607, Pt. A, §7 (AMD).]
3.  Disposition of funds.
Each register of deeds shall, on or before the 10th day of each month, pay over to the State Tax Assessor 90% of the tax collected pursuant to this section during the previous month. The remaining 10% must be 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. If the tax collected is not paid over by the 10th day of the month, the State Tax Assessor may impose interest pursuant to section 186.
[PL 2001, c. 559, Pt. I, §4 (NEW); PL 2001, c. 559, Pt. I, §15 (AFF).]
4.  Distribution of State's share of proceeds.
[PL 2009, c. 372, Pt. E, §2 (RP).]
4-A.  Distribution of State's share of proceeds.
[PL 2011, c. 453, §5 (RP).]
4-B.  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 4641‑A, subsection 1 and the amount of revenues derived from the tax imposed by section 4641‑A, subsection 2.
A. In fiscal year 2011-12, the Treasurer of State shall credit the revenues derived from the tax imposed pursuant to section 4641‑A, subsection 1 in accordance with this paragraph.
(1) At the beginning of the fiscal year, the Maine State Housing Authority shall certify to the Treasurer of State the amount that is necessary and sufficient to meet the authority's obligations relating to bonds issued or planned to be issued by the authority under Title 30‑A, section 4864.
(2) On a monthly basis the Treasurer of State shall apply 50% of the revenues in accordance with this subparagraph. The Treasurer of State shall first pay revenues available under this subparagraph to the Maine State Housing Authority, which shall deposit the funds in the Maine Energy, Housing and Economic Recovery Fund established in Title 30‑A, section 4863, until the amount paid equals the amount certified by the Maine State Housing Authority under subparagraph (1), after which the Treasurer of State shall credit any remaining revenues available under this subparagraph to the General Fund.
(3) On a monthly basis the Treasurer of State shall apply 50% of the revenues in accordance with this subparagraph. The Treasurer of State shall first credit $3,830,000 of the revenues available under this subparagraph to the General Fund, after which the Treasurer of State shall pay any remaining revenues available under this subparagraph 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.   [PL 2011, c. 453, §6 (NEW).]
B. In fiscal year 2012-13, the Treasurer of State shall credit the revenues derived from the tax imposed pursuant to section 4641‑A, subsection 1 in accordance with this paragraph.
(1) At the beginning of the fiscal year, the Maine State Housing Authority shall certify to the Treasurer of State the amount that is necessary and sufficient to meet the authority's obligations relating to bonds issued or planned to be issued by the authority under Title 30‑A, section 4864.
(2) On a monthly basis the Treasurer of State shall apply 50% of the revenues in accordance with this subparagraph. The Treasurer of State shall first pay revenues available under this subparagraph to the Maine State Housing Authority, which shall deposit the funds in the Maine Energy, Housing and Economic Recovery Fund established in Title 30‑A, section 4863, until the amount paid equals the amount certified by the Maine State Housing Authority under subparagraph (1), after which the Treasurer of State shall credit any remaining revenues available under this subparagraph to the General Fund.
(3) On a monthly basis the Treasurer of State shall apply 50% of the revenues in accordance with this subparagraph. The Treasurer of State shall first credit $300,000 of the revenues available under this subparagraph to the Department of Health and Human Services, Medical Care - Payments to Providers, Other Special Revenue Funds account and $3,950,000 of the revenues available under this subparagraph to the General Fund, after which the Treasurer of State shall pay any remaining revenues available under this subparagraph 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.   [PL 2011, c. 477, Pt. P, §1 (AMD).]
C. In fiscal year 2013-14, the Treasurer of State shall credit the revenues derived from the tax imposed pursuant to section 4641‑A, subsection 1 in accordance with this paragraph.
(1) At the beginning of the fiscal year, the Maine State Housing Authority shall certify to the Treasurer of State the amount that is necessary and sufficient to meet the authority's obligations relating to bonds issued or planned to be issued by the authority under Title 30‑A, section 4864.
(2) On a monthly basis the Treasurer of State shall apply 50% of the revenues in accordance with this subparagraph. The Treasurer of State shall first pay revenues available under this subparagraph to the Maine State Housing Authority, which shall deposit the funds in the Maine Energy, Housing and Economic Recovery Fund established in Title 30‑A, section 4863, until the amount paid equals the amount certified by the Maine State Housing Authority under subparagraph (1), after which the Treasurer of State shall credit any remaining revenues available under this subparagraph to the General Fund.
(3) On a monthly basis the Treasurer of State shall apply 50% of the revenues in accordance with this subparagraph. The Treasurer of State shall first credit $2,710,964 of the revenues available under this subparagraph to the General Fund, after which the Treasurer of State shall pay any remaining revenues available under this subparagraph 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.   [PL 2013, c. 502, Pt. T, §1 (AMD).]
D. In fiscal year 2014-15, the Treasurer of State shall credit the revenues derived from the tax imposed pursuant to section 4641‑A, subsection 1 in accordance with this paragraph.
(1) At the beginning of the fiscal year, the Maine State Housing Authority shall certify to the Treasurer of State the amount that is necessary and sufficient to meet the authority's obligations relating to bonds issued or planned to be issued by the authority under Title 30‑A, section 4864.
(2) On a monthly basis the Treasurer of State shall apply 50% of the revenues in accordance with this subparagraph. The Treasurer of State shall first pay revenues available under this subparagraph to the Maine State Housing Authority, which shall deposit the funds in the Maine Energy, Housing and Economic Recovery Fund established in Title 30‑A, section 4863, until the amount paid equals the amount certified by the Maine State Housing Authority under subparagraph (1), after which the Treasurer of State shall credit any remaining revenues available under this subparagraph to the General Fund.
(3) On a monthly basis the Treasurer of State shall apply 50% of the revenues in accordance with this subparagraph. The Treasurer of State shall first credit $5,038,104 of the revenues available under this subparagraph to the General Fund, after which the Treasurer of State shall pay any remaining revenues available under this subparagraph 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.   [PL 2013, c. 595, Pt. V, §1 (AMD).]
E. In fiscal year 2015-16 and each fiscal year prior to fiscal year 2025-26, the Treasurer of State shall credit the revenues derived from the tax imposed pursuant to section 4641‑A, subsection 1 in accordance with this paragraph.
(1) At the beginning of the fiscal year, the Maine State Housing Authority shall certify to the Treasurer of State the amount that is necessary and sufficient to meet the authority's obligations relating to bonds issued or planned to be issued by the authority under Title 30‑A, section 4864.
(2) On a monthly basis the Treasurer of State shall apply 50% of the revenues in accordance with this subparagraph. The Treasurer of State shall first pay revenues available under this subparagraph to the Maine State Housing Authority, which shall deposit the funds in the Maine Energy, Housing and Economic Recovery Fund established in Title 30‑A, section 4863, until the amount paid equals the amount certified by the Maine State Housing Authority under subparagraph (1), after which the Treasurer of State shall credit any remaining revenues available under this subparagraph to the General Fund.
(3) On a monthly basis, the Treasurer of State shall credit 50% of the revenues to the Maine State Housing Authority, except that, notwithstanding paragraph F, in fiscal year 2015-16, the Treasurer of State shall first credit $6,291,740 of the revenues available under this subparagraph to the General Fund and except that, notwithstanding paragraph F, in fiscal year 2016-17, the Treasurer of State shall first credit $6,090,367 of the revenues available under this subparagraph to the General Fund and except that, notwithstanding paragraph F, in fiscal years 2017-18 and 2018-19, the Treasurer of State shall first credit $2,500,000 of the revenues available under this subparagraph to the General Fund. The Maine State Housing Authority shall deposit the funds received pursuant to this subparagraph in the Housing Opportunities for Maine Fund created in Title 30‑A, section 4853. Beginning July 1, 2023, the Maine State Housing Authority shall use 25% of funds transferred to the Housing Opportunities for Maine Fund under this subparagraph to support the creation of new housing units, through new construction or adaptive reuse, that are affordable to low-income households.   [PL 2023, c. 412, Pt. AAAA, §2 (AMD).]
E-1. In fiscal year 2025-26 and each fiscal year thereafter, the Treasurer of State shall credit the revenues derived from the tax imposed pursuant to section 4641‑A, subsection 1 in accordance with this paragraph.
(1) At the beginning of the fiscal year, the Maine State Housing Authority shall certify to the Treasurer of State the amount that is necessary and sufficient to meet the authority's obligations relating to bonds issued or planned to be issued by the authority under Title 30‑A, section 4864.
(2) On a monthly basis, the Treasurer of State shall apply 50% of the revenues in accordance with this subparagraph. The Treasurer of State shall first pay revenues available under this subparagraph to the Maine State Housing Authority, which shall deposit the funds in the Maine Energy, Housing and Economic Recovery Fund established in Title 30‑A, section 4863, until the amount paid equals the amount certified by the Maine State Housing Authority under subparagraph (1), after which the Treasurer of State shall credit 1/2 of any remaining revenues available under this subparagraph to the General Fund and 1/2 of any remaining revenues available under this subparagraph to the Housing First Fund established in Title 22, section 20‑A, subsection 2.
(3) On a monthly basis, the Treasurer of State shall credit 50% of the revenues to the Maine State Housing Authority. The Maine State Housing Authority shall deposit the funds received pursuant to this subparagraph in the Housing Opportunities for Maine Fund created in Title 30‑A, section 4853. Beginning July 1, 2025, the Maine State Housing Authority shall use 25% of funds transferred to the Housing Opportunities for Maine Fund under this subparagraph to support the creation of new housing units, through new construction or adaptive reuse, that are affordable to low-income households.   [PL 2023, c. 412, Pt. AAAA, §3 (NEW).]
F. Neither the Governor nor the Legislature may divert the revenues payable to the Housing Opportunities for Maine Fund to any other fund or for any other use. Any proposal to enact or amend a law to allow distribution of less than 1/2 of the revenues derived from the tax imposed by section 4641‑A, subsection 1 to the Housing Opportunities for Maine Fund established in Title 30‑A, section 4853, as adjusted under this subsection, must be submitted to the Legislative Council and to the joint standing committee of the Legislature having jurisdiction over affordable housing matters at least 30 days prior to any vote or public hearing on the proposal.   [PL 2011, c. 453, §6 (NEW).]
G. The Treasurer of State shall credit to the General Fund all of the revenues derived from the tax imposed by section 4641‑A, subsection 2.   [PL 2011, c. 453, §6 (NEW).]
[PL 2023, c. 412, Pt. AAAA, §§2, 3 (AMD).]
5.  Dispute regarding amount.
In the event of a dispute as to the correct amount of tax, the individual seeking to record the deed may request that the State Tax Assessor determine the correct amount of tax to be paid in order for the deed to be recorded.
[PL 2001, c. 559, Pt. I, §4 (NEW); PL 2001, c. 559, Pt. I, §15 (AFF).]
6.  Transfer of tax on deeds of foreclosure or in lieu of foreclosure.
Notwithstanding subsection 4‑B, the State Tax Assessor shall monthly pay to the Department of Professional and Financial Regulation, Bureau of Consumer Credit Protection the revenues derived from the tax imposed on the transfer of real property described in section 4641‑C, subsection 2, paragraphs A and C.
[PL 2013, c. 521, Pt. A, §1 (AMD).]
7.  Assignment of rights in or connected with foreclosed real property.
A person assigning rights in or connected with title to foreclosed real property for which a deed is not given, including rights as high bidder at the public sale pursuant to Title 14, section 6323, shall report the assignment to the register of deeds in the county or counties in which the real property is located within 30 days of the assignment on a return in the form of an affidavit furnished by the State Tax Assessor. The State Tax Assessor shall provide for the collection of the tax in the same manner as in subsection 1 as if the assignment were a transfer of real property by deed. The return must be accompanied by payment of the tax due. When the real property is located in more than one county, the tax must be divided among the counties in the same proportion in which the real property is distributed among the counties. Disputes between 2 or more counties as to the proper amount of tax due to them as a result of a particular transaction must be decided by the State Tax Assessor upon the written petition of an official authorized to act on behalf of any such county. This subsection applies to assignments made during the time between the judgment of foreclosure and the transfer of the foreclosed real property by deed.
[PL 2019, c. 607, Pt. A, §8 (AMD).]
SECTION HISTORY
PL 1975, c. 572, §1 (NEW). PL 1981, c. 364, §60 (AMD). PL 1983, c. 859, §§M10,M13 (AMD). PL 1985, c. 381, §2 (AMD). PL 1987, c. 737, §§C83,C106 (AMD). PL 1989, c. 6 (AMD). PL 1989, c. 9, §2 (AMD). PL 1989, c. 104, §§C8,C10 (AMD). RR 1991, c. 2, §135 (COR). PL 1991, c. 528, §P16 (AMD). PL 1991, c. 528, §RRR (AFF). PL 1991, c. 591, §P16 (AMD). PL 1991, c. 622, §K9 (AMD). PL 1991, c. 622, §K10 (AFF). PL 1993, c. 6, §D2 (AMD). PL 1993, c. 6, §D5 (AFF). PL 1993, c. 398, §3 (AMD). PL 1993, c. 410, §C5 (AMD). PL 1995, c. 368, §K4 (AMD). PL 1997, c. 24, §C7 (AMD). PL 1997, c. 504, §9 (AMD). PL 1997, c. 759, §1 (AMD). PL 1997, c. 759, §2 (AFF). PL 2001, c. 439, §XXX2 (AMD). PL 2001, c. 559, §I4 (RPR). PL 2001, c. 559, §I15 (AFF). PL 2003, c. 20, §V1 (AMD). PL 2005, c. 12, §H1 (AMD). PL 2005, c. 644, §4 (AMD). PL 2007, c. 240, Pt. H, §1 (AMD). PL 2007, c. 427, §1 (AMD). PL 2007, c. 539, Pt. WW, §2 (AMD). PL 2007, c. 627, §82 (AMD). PL 2009, c. 372, Pt. E, §§2, 3 (AMD). PL 2009, c. 402, §21 (AMD). PL 2011, c. 453, §§5, 6 (AMD). PL 2011, c. 477, Pt. P, §1 (AMD). PL 2013, c. 368, Pt. U, §1 (AMD). PL 2013, c. 502, Pt. T, §1 (AMD). PL 2013, c. 521, Pt. A, §§1,2 (AMD). PL 2013, c. 595, Pt. V, §1 (AMD). PL 2015, c. 267, Pt. N, §1 (AMD). PL 2017, c. 284, Pt. AAAAAAA, §1 (AMD). PL 2019, c. 607, Pt. A, §§7, 8 (AMD). PL 2021, c. 753, §1 (AMD). PL 2023, c. 412, Pt. AAAA, §§2, 3 (AMD).