reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 18 - DEPARTMENT OF ASSESSMENTS AND TAXATION › Subtitle 04 - BUSINESS ORGANIZATIONS › Chapter 18.04.07 - Acceptance of Documents › Section 18.04.07.01 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) "Acceptance date" means the date a document is accepted for record by the Department.
(2) "Document" includes any document that is filed for recordation with the Department by a foreign or domestic corporation, limited partnership, limited liability partnership, limited liability company, or other organization.
(3) "Electronic signature" has the meaning stated in Commercial Law Article, §
										21-101, Annotated Code of Maryland.
(4) "Information processing system" has the meaning stated in Commercial Law Article, §
										21-101, Annotated Code of Maryland.
Code of Maryland Regulations › Title 18 - DEPARTMENT OF ASSESSMENTS AND TAXATION › Subtitle 04 - BUSINESS ORGANIZATIONS › Chapter 18.04.07 - Acceptance of Documents › Section 18.04.07.02 - Procedure

Current through Register Vol. 51, No. 14, July 12, 2024
A. Original Filings. The acceptance date of a document is the date that the document is received by the Department provided the:
(1) Document conforms with law;
(2) Name of the corporation, limited partnership, limited liability partnership, limited liability limited partnership, real estate investment trust, statutory trust, or limited liability company, or trade name is available; and
(3) Appropriate fees and taxes are remitted with the document.
Code of Maryland Regulations › Title 18 - DEPARTMENT OF ASSESSMENTS AND TAXATION › Subtitle 04 - BUSINESS ORGANIZATIONS › Chapter 18.04.07 - Acceptance of Documents › Section 18.04.07.03 - Conditions for Nonrefundable Processing Fees

Current through Register Vol. 51, No. 14, July 12, 2024
If documents are not accepted by the Department, the processing fees referenced in Corporations and Associations Article, §
									1-203, Annotated Code of Maryland, are applied to the resubmission of those documents if resubmitted and accepted within 60 days of the date of non-acceptance.
Code of Maryland Regulations › Title 18 - DEPARTMENT OF ASSESSMENTS AND TAXATION › Subtitle 04 - BUSINESS ORGANIZATIONS › Chapter 18.04.07 - Acceptance of Documents › Section 18.04.07.04 - Electronic Signatures

Current through Register Vol. 51, No. 14, July 12, 2024
A. The general provisions of the Corporations and Associations Article, Annotated Code of Maryland, require certain signatures to be affixed to certain records filed with the Department.
B. Commercial Law Article, §
									21-117, Annotated Code of Maryland, permits the Department to determine whether, and the extent to which, it will accept electronic signatures and rely upon electronic signatures.
C. When a record is filed with the Department using an information processing system, the Department shall accept and rely on any associated electronic signature.
Code of Maryland Regulations › Title 18 - DEPARTMENT OF ASSESSMENTS AND TAXATION › Subtitle 04 - BUSINESS ORGANIZATIONS › Chapter 18.04.08 - Expedited Filing Service › Section 18.04.08.01 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined. "Expedited service" means the fastest available service for the processing of documents or for providing copies or certificates.
Code of Maryland Regulations › Title 18 - DEPARTMENT OF ASSESSMENTS AND TAXATION › Subtitle 04 - BUSINESS ORGANIZATIONS › Chapter 18.04.08 - Expedited Filing Service › Section 18.04.08.02 - Types of Expedited Service

Current through Register Vol. 51, No. 14, July 12, 2024
The Business Service Unit shall make the following services available on an expedited basis to the extent that budgetary, personnel, or equipment considerations allow:
A. Review and acceptance for record or rejection of corporation documents, limited partnership documents, and limited liability company documents, including both domestic and foreign entities;
B. Certified copies and certificates of status (short form only) requested in conjunction with §A of this regulation;
C. Short form certificates of status for entities already on file and copies of documents already on file, including corporate abstracts;
D. Review and acceptance for record or rejection of Uniform Commercial Code documents, trade name registrations, trade name amendments, trade name cancellations, and name reservation documents.
Code of Maryland Regulations › Title 18 - DEPARTMENT OF ASSESSMENTS AND TAXATION › Subtitle 04 - BUSINESS ORGANIZATIONS › Chapter 18.04.08 - Expedited Filing Service › Section 18.04.08.03 - Methods of Expedited Service

Current through Register Vol. 51, No. 14, July 12, 2024
Requests for expedited service are received and processed using the following methods in the Department's discretion:
A. In hard copy delivered or dropped off at the Department's headquarters office;
B. In hard copy by mail; or
C. In electronic format by Internet or electronic mail transmission.
Code of Maryland Regulations › Title 18 - DEPARTMENT OF ASSESSMENTS AND TAXATION › Subtitle 04 - BUSINESS ORGANIZATIONS › Chapter 18.04.08 - Expedited Filing Service › Section 18.04.08.04 - Scope of Expedited Service

Current through Register Vol. 51, No. 14, July 12, 2024
Requests for expedited service are processed as promptly as practicable based upon:
A. The volume of the request;
B. When the request is received; and
C. The manner in which the request is transmitted.
Code of Maryland Regulations › Title 18 - DEPARTMENT OF ASSESSMENTS AND TAXATION › Subtitle 04 - BUSINESS ORGANIZATIONS › Chapter 18.04.08 - Expedited Filing Service › Section 18.04.08.05 - Other Matters

Current through Register Vol. 51, No. 14, July 12, 2024
A. A request for more than one copy of a certificate of status for an entity is treated as one request and only one expedited fee is charged.
B. A request for processing foreign or domestic corporation documents, limited partnership certificates, or limited liability company documents may include up to five certificates of status for the entity or five copies of the document being filed, or both, provided an expedited fee for each type of request is paid.
C. Fees for expedited service may not be charged on rejected documents.
D. If the Department is unable to accommodate a request for expedited service, the expedited fee is refunded.
Code of Maryland Regulations › Title 18 - DEPARTMENT OF ASSESSMENTS AND TAXATION › Subtitle 04 - BUSINESS ORGANIZATIONS › Chapter 18.04.08 - Expedited Filing Service › Section 18.04.08.06 - Fee Tiers

Current through Register Vol. 51, No. 14, July 12, 2024
A. Documents filed in hard copy with a request to be processed under Corporations and Associations Article, §
									1-203.2(b)(1), Annotated Code of Maryland, shall be accompanied by an expediting fee of $425.
B. Documents filed online with a request to be processed under Corporations and Associations Article, §
									1-203.2(b)(1), Annotated Code of Maryland, shall be accompanied by an expediting fee of $325.
C. Documents filed in hard copy or online with an expedited request not under Corporations and Associations Article, §
									1-203.2(b)(1), Annotated Code of Maryland, shall be accompanied by an expediting fee of $50 unless otherwise provided by law.
Code of Maryland Regulations › Title 18 - DEPARTMENT OF ASSESSMENTS AND TAXATION › Subtitle 04 - BUSINESS ORGANIZATIONS › Chapter 18.04.08 - Expedited Filing Service › Section 18.04.08.07 - Filing Acknowledgement

Current through Register Vol. 51, No. 14, July 12, 2024
After a document filed on an expedited basis has been accepted, as promptly as practicable based upon the time and manner by which the filing is transmitted to the Department, the Department shall:
A. Return to the filer evidence acknowledging the successful filing, any requested good standing certificates, and any requested certified copies of filed documents; and
B. Post record of the filing to the Department's business registry.
Code of Maryland Regulations › Title 18 - DEPARTMENT OF ASSESSMENTS AND TAXATION › Subtitle 04 - BUSINESS ORGANIZATIONS › Chapter 18.04.10 - Administration of Trade Names › Section 18.04.10.01 - Disposition

Current through Register Vol. 51, No. 14, July 12, 2024
After the trade name certificate has been imaged or scanned, the Department may dispose of the original certificate.
Code of Maryland Regulations › Title 18 - DEPARTMENT OF ASSESSMENTS AND TAXATION › Subtitle 04 - BUSINESS ORGANIZATIONS › Chapter 18.04.10 - Administration of Trade Names › Section 18.04.10.03 - Amendments

Current through Register Vol. 51, No. 14, July 12, 2024
A. The party listed as principal or owner in the certificate already filed may file a certificate amending any item on the certificate, except the trade name.
B. The amending certificate shall:
(1) Set forth the trade name;
(2) Set forth the item being amended;
(3) Be signed by the principal or owner named in the certificate, and if a new owner or principal is being named, by the new owner or principal, under penalties of perjury; and
(4) Be accompanied by a fee set by Corporations and Associations Article, §
										1-406, Annotated Code of Maryland.
Code of Maryland Regulations › Title 18 - DEPARTMENT OF ASSESSMENTS AND TAXATION › Subtitle 04 - BUSINESS ORGANIZATIONS › Chapter 18.04.10 - Administration of Trade Names › Section 18.04.10.04 - Cancellation

Current through Register Vol. 51, No. 14, July 12, 2024
A. The party listed as owner or principal in the certificate may file a certificate cancelling the trade name at any time.
B. The certificate of cancellation shall:
(1) State the trade name;
(2) State that the certificate is cancelled;
(3) Be signed by the principal or owner named in the certificate; and
(4) Be accompanied by a fee set by Corporations and Associations Article, §
										1-406, Annotated Code of Maryland.
Code of Maryland Regulations › Title 18 - DEPARTMENT OF ASSESSMENTS AND TAXATION › Subtitle 04 - BUSINESS ORGANIZATIONS › Chapter 18.04.10 - Administration of Trade Names › Section 18.04.10.05 - Renewal

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this regulation, "filed" means delivered to and date-stamped by the Department.
B. A certificate is effective for a period of 5 years from the date it is filed.
C. Every 5 years following the year in which a certificate is filed or renewed, a person who has filed or renewed a certificate and who wishes to renew the certificate shall cause to be filed a completed renewal application within 6 months before the end of the 5-year period.
D. A renewal application that is completed and filed extends the certificate for 5 years from the end of the previous 5-year period.
E. The Department shall determine the form of a renewal application.
F. Except for certificates canceled on the Department's records, the Department may mail a notice of impending expiration of the trade name, during the 6-month period mentioned in §C of this regulation, to the person listed as principal or owner in the certificate, amended certificate, or most recent renewal application.
G. A completed renewal application shall:
(1) State the trade name being renewed and the current address of the business conducted under the trade name;
(2) State that the trade name certificate is being renewed;
(3) State the SDAT identification number of the associated business;
(4) Be signed by a person listed as principal or owner in the certificate, amended certificate, or most recent renewal application; and
(5) Be accompanied by a fee set by Corporations and Associations Article, §
										1-406, Annotated Code of Maryland.
Code of Maryland Regulations › Title 18 - DEPARTMENT OF ASSESSMENTS AND TAXATION › Subtitle 04 - BUSINESS ORGANIZATIONS › Chapter 18.04.10 - Administration of Trade Names › Section 18.04.10.06 - Signatures Required on Certificates

Current through Register Vol. 51, No. 14, July 12, 2024
A. When a certificate lists more than one principal or owner, the signature of any one owner or principal named in the certificate is sufficient execution for the certificates described in Regulations .03-.05 of this chapter.
B. When joint forms of ownership are listed, such as tenants by the entireties, joint tenants with right of survivorship, etc., the signature of any one of the principals or owners is sufficient execution for the certificates described in Regulations .03-.05 of this chapter.
Code of Maryland Regulations › Title 18 - DEPARTMENT OF ASSESSMENTS AND TAXATION › Subtitle 04 - BUSINESS ORGANIZATIONS › Chapter 18.04.10 - Administration of Trade Names › Section 18.04.10.08 - Expiration

Current through Register Vol. 51, No. 14, July 12, 2024
A. Unless renewed under Regulation .05 of this chapter, a certificate expires 5 years from the date it is filed.
B. The Department shall note a certificate's expiration on its records as soon as practical.
C. The Department's failure to note a certificate's expiration does not extend a certificate past its expiration date.
D. After a certificate expires, the:
(1) Filing of a completed renewal application does not extend the certificate; and
(2) Trade name which is the subject of the certificate is available to a person entitled to file a certificate under Corporations and Associations Article, §
										1-406, Annotated Code of Maryland.
Code of Maryland Regulations › Title 18 - DEPARTMENT OF ASSESSMENTS AND TAXATION › Subtitle 04 - BUSINESS ORGANIZATIONS › Chapter 18.04.11 - Prohibited Filings › Section 18.04.11.01 - Affidavits

Current through Register Vol. 51, No. 14, July 12, 2024
The affidavit form required by Commercial Law Article, §1-201.1(c), Annotated Code of Maryland, is adopted and the Department has it available to provide to the public.
Code of Maryland Regulations › Title 18 - DEPARTMENT OF ASSESSMENTS AND TAXATION › Subtitle 04 - BUSINESS ORGANIZATIONS › Chapter 18.04.12 - Annual Reports › Section 18.04.12.01 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) Accept" has the meaning set forth in COMAR 18.04.07.
(2) "Annual report" means the report required by Tax-Property Article, §11-101, Annotated Code of Maryland.
(3) "Converted entity" means the entity resulting after a conversion.
(4) "Converting entity" means an entity that initiates a conversion.
(5) "Current year" means the calendar year in which conversion or merger documents are presented to the Department for filing or recordation.
(6) "Documents evidencing a conversion" include:
(a) A certificate filed by a foreign unincorporated entity registered to do business in Maryland to correct or terminate the entity's registration due to a conversion; or
(b) A certified statement of fact or other evidence of a conversion issued by the keeper of corporate records for the home jurisdiction of a foreign entity registered or qualified to do business in Maryland.
(7) "Documents evidencing a merger" include:
(a) A certificate filed by a foreign unincorporated entity registered to do business in Maryland to correct or terminate the entity's registration due to a merger; or
(b) A certified statement of fact or other evidence of a merger issued by the keeper of corporate records for the home jurisdiction of a foreign entity registered or qualified to do business in Maryland.
(8) "Effective date of filing" has the meaning referenced in Corporations and Associations Article, §
										1-206, Annotated Code of Maryland, and COMAR 18.04.07, unless otherwise provided by Maryland law.
(9) "Foreign corporation or foreign entity" means a corporation or unincorporated entity formed under the laws of a jurisdiction other than Maryland.
(10) "Merging entity" means an entity that ceases to exist as the result of a merger.
(11) "Past due annual report" means:
(a) An annual report due but not filed in a prior year; or
(b) An annual report due but not filed in the current year where the effective date of filing is:
(i) After April 15, unless all entities involved in a merger were granted an extension under Tax-Property Article, §14-704, Annotated Code of Maryland; or
(ii) After June 15, if all entities involved in a merger were granted an extension under Tax-Property Article §14-704, Annotated Code of Maryland.
(12) "Prior year" means any calendar year before the current year.
(13) "Surviving entity" means the successor to a merger.
Code of Maryland Regulations › Title 18 - DEPARTMENT OF ASSESSMENTS AND TAXATION › Subtitle 04 - BUSINESS ORGANIZATIONS › Chapter 18.04.12 - Annual Reports › Section 18.04.12.02 - Conversions

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Department may not accept articles of conversion until all required annual reports have been filed and related filing fees and penalties have been paid through the current year if the converting entity is:
(1) A Maryland domestic entity;
(2) A foreign unincorporated entity registered to do business in Maryland; or
(3) A foreign corporation qualified to do business in Maryland.
Code of Maryland Regulations › Title 18 - DEPARTMENT OF ASSESSMENTS AND TAXATION › Subtitle 04 - BUSINESS ORGANIZATIONS › Chapter 18.04.12 - Annual Reports › Section 18.04.12.03 - Mergers

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Department may accept articles of merger or documents evidencing a merger if the merging entity is not required to file an annual report for the current year.
B. The Department may not accept articles of merger or documents evidencing a merger until all required annual reports have been filed and related filing fees and penalties have been paid by the merging entity through the current year if the surviving entity is:
(1) A Maryland domestic entity formed on or after January 1 of the current year;
(2) A foreign unincorporated entity registered to do business in Maryland on or after January 1 of the current year;
(3) A foreign corporation qualified to do business in Maryland on or after January 1 of the current year; or
(4) An entity that has already filed an annual report for the current year or is not required to file an annual report for the current year.
Code of Maryland Regulations › Title 18 - DEPARTMENT OF ASSESSMENTS AND TAXATION › Subtitle 05 - AGRICULTURAL LAND TRANSFER TAX › Chapter 18.05.01 - Administration › Section 18.05.01.01 - Rates of Tax

Current through Register Vol. 51, No. 14, July 12, 2024
A. The agricultural land transfer tax (tax) rates are as follows:
(1) The rate is 3 percent for a transfer of less than 20 acres of agricultural land with either or both of the following included in the sale price of the lot or parcel:
(a) Structures or other items that are separately assessed by the Department; or
(b) Site improvements, for example, street, curb, sewer, water, septic, and well.
Code of Maryland Regulations › Title 18 - DEPARTMENT OF ASSESSMENTS AND TAXATION › Subtitle 05 - AGRICULTURAL LAND TRANSFER TAX › Chapter 18.05.01 - Administration › Section 18.05.01.03 - Records

Current through Register Vol. 51, No. 14, July 12, 2024
The supervisor of assessments in each county shall maintain adequate records to administer the tax. These records shall include the identification of parcels receiving agricultural use assessment and parcels subject to declarations of intent.
Code of Maryland Regulations › Title 18 - DEPARTMENT OF ASSESSMENTS AND TAXATION › Subtitle 05 - AGRICULTURAL LAND TRANSFER TAX › Chapter 18.05.01 - Administration › Section 18.05.01.04 - Transfer Procedure

Current through Register Vol. 51, No. 14, July 12, 2024
A. The supervisor shall calculate the tax and surcharge, and the body of the written instrument conveying title shall be stamped or electronically noted with the local tax collecting authority's verification of the amount of tax and surcharge, if any, due. The local tax collecting authority shall collect the tax and surcharge before the supervisor processes the instrument.
B. The agricultural land transfer tax and surcharge do not apply to an instrument of writing that transfers title to agricultural land that was previously transferred by an instrument of writing that was subject to the agricultural land transfer tax.
Code of Maryland Regulations › Title 18 - DEPARTMENT OF ASSESSMENTS AND TAXATION › Subtitle 05 - AGRICULTURAL LAND TRANSFER TAX › Chapter 18.05.01 - Administration › Section 18.05.01.05 - Violations of Declaration of Intent

Current through Register Vol. 51, No. 14, July 12, 2024
he following are nonexclusive examples of violations of a declaration of intent where the tax, surcharge, and penalty are imposed on that portion of the land subject to the violation:
A. Discontinuing or failing to maintain an agricultural activity on the land;
B. Constructing nonagricultural improvements or nonagricultural site improvements on the land;
C. Transferring part of the land so that the remaining land no longer qualifies for agricultural use assessment;
D. Developing a residential building site on the land;
E. Subdividing the land so that it no longer qualifies for agricultural use assessment; and
F. Rezoning the land under Tax-Property Article, § 8-209(h), Annotated Code of Maryland.
Code of Maryland Regulations › Title 18 - DEPARTMENT OF ASSESSMENTS AND TAXATION › Subtitle 05 - AGRICULTURAL LAND TRANSFER TAX › Chapter 18.05.01 - Administration › Section 18.05.01.06 - Appeal Procedures

Current through Register Vol. 51, No. 14, July 12, 2024
A. General Rule. Except as provided in §B of this regulation, a person appeals the imposition of the tax by first paying the tax. The person then files a written request for refund with the supervisor for the county where the tax was paid. After the person is afforded an opportunity to be heard, the supervisor notifies the person in writing of the supervisor's determination regarding the refund request, which the person may appeal to the Maryland Tax Court under Tax-Property Article, §14-512(d), Annotated Code of Maryland. A final order of the Tax Court may be appealed to the circuit court under Tax-General Article, §13-532, Annotated Code of Maryland.
B. Declaration of Intent Violation.
(1) When the tax, surcharge, and penalty are imposed because there is a violation of a declaration of intent under Tax-Property Article, § 13-305, Annotated Code of Maryland, the supervisor determines the value of the land and imposes the tax, surcharge, and penalty on that value. This value is determined as of the most recent July 1, based on the condition and characteristics of the land as of the date of violation. The supervisor notifies the person in writing of the value and the amount of tax, surcharge, and penalty due.
(2) The tax, surcharge, and penalty are due on the earlier of the next date on which property tax is due on the land or the date of the next transfer of any part of the land.
(3) If the tax, surcharge, and penalty are not yet due under §B(2) of this regulation, the person may appeal the imposition of the tax, surcharge, and penalty to the supervisor under Tax-Property Article, § 14-506, Annotated Code of Maryland, without paying the tax, surcharge, and penalty. After affording the person an opportunity to be heard, the supervisor shall notify the person of the supervisor's determination regarding the appeal, which may be appealed to the Tax Court under Tax-Property Article, § 14-512(b), Annotated Code of Maryland. A final order of the Tax Court may be appealed to the circuit court under Tax-General Article, § 13-532, Annotated Code of Maryland. An appeal under this subsection does not postpone the due date of the tax, surcharge, and penalty.
(4) If the person pays the tax, surcharge, and penalty, his appeal rights with regard to the tax, surcharge and penalty are as set forth in §A of this regulation.
(5) Whether or not the person pays the tax, surcharge, and penalty, the person may appeal the value used to determine the amount of tax, surcharge, and penalty to the supervisor. Further appeal of the value is to the local property tax assessment appeal board for the county where the land is situated, the Tax Court, and then the circuit court, under Tax-Property Article, §§ 14-509(a) and 14-512(f)(2), and Tax-General Article, § 13-532, Annotated Code of Maryland.
Code of Maryland Regulations › Title 18 - DEPARTMENT OF ASSESSMENTS AND TAXATION › Subtitle 06 - EXEMPTIONS › Chapter 18.06.01 - The Blind › Section 18.06.01.01 - Receiving Exemption

Current through Register Vol. 51, No. 14, July 12, 2024
A. The property of a blind person, held with the spouse as tenants by the entireties, is entitled to exemption.
B. In tenancy in common and joint tenancy, the exemption is applied only to the undivided interest of the joint tenant or tenant in common, not against the total assessed valuation.
Code of Maryland Regulations › Title 18 - DEPARTMENT OF ASSESSMENTS AND TAXATION › Subtitle 06 - EXEMPTIONS › Chapter 18.06.02 - Payments In Lieu of Taxes › Section 18.06.02.01 - Records

Current through Register Vol. 51, No. 14, July 12, 2024
A. If an agreement for payment in lieu of taxes is made by a local government, the office of the supervisor of assessments in the respective counties shall be notified and provided with the following:
(1) The name of the owner;
(2) The name of the project;
(3) A copy of the executed agreement;
(4) The amount of the payment in lieu of taxes.
Code of Maryland Regulations › Title 18 - DEPARTMENT OF ASSESSMENTS AND TAXATION › Subtitle 06 - EXEMPTIONS › Chapter 18.06.03 - Disabled Veteran, Surviving Spouse, Disabled Active Duty Service Member › Section 18.06.03.01 - Legal Residence

Current through Register Vol. 51, No. 14, July 12, 2024
A. Definition.
(1) In this chapter, the following term has the meaning indicated.
(2) Term Defined. "Legal residence", as set forth in Tax-Property Article, §7-208, Annotated Code of Maryland, has the same meaning as "principal residence" as that term is defined in COMAR 18.07.03.01.
Code of Maryland Regulations › Title 18 - DEPARTMENT OF ASSESSMENTS AND TAXATION › Subtitle 07 - PROPERTY TAX CREDITS › Chapter 18.07.01 - Homeowners' Tax Credit Program › Section 18.07.01.01 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) "Affidavit" means a sworn statement in writing on a standard form furnished by the Department.
(2) "All persons residing in the home" means household occupants as of the date an application is submitted.
(3) "Applicant" means a person filing for a property tax credit.
(4) "Combined gross income of all persons" means the monies received in the prior calendar year by the applicant homeowner, the spouse, unless separated, divorced, or widowed, or the resident co-owner, or all of these, and the monies received by other nondependent occupants of the household unless they are paying reasonable fixed charges.
(5) "Combined net worth" means the net worth of the applicant, spouse or co-owner, or all of these, residing in the dwelling house.
(6) "Curtilage" means that amount of land necessary and used for the homesite and dwelling.
(7) "Dependent" means a person who satisfies the federal Internal Revenue Service standard for a dependent.
(8) "Dwelling house" means the principal residence of a homeowner but does not include any portion of the structure used for a business or income-producing purpose.
(9) "Principal residence of the homeowner" is the one dwelling house where the homeowner regularly resides and is the location designated by the owner for the legal purpose of voting, obtaining a driver's license, and filing income tax returns.
(10) "Reasonable fixed charges" means the amount of room and board, rent, or expenses paid which are sufficient to defray the cost of an individual residing on the premises.
(11) "Total income" means all monies received by a person in a given year, whether taxable for federal or State income tax purposes, or not.
Code of Maryland Regulations › Title 18 - DEPARTMENT OF ASSESSMENTS AND TAXATION › Subtitle 07 - PROPERTY TAX CREDITS › Chapter 18.07.01 - Homeowners' Tax Credit Program › Section 18.07.01.02 - Criteria Adopted

Current through Register Vol. 51, No. 14, July 12, 2024
The following criteria have been adopted by the Department in the processing of applications for the Homeowners' Tax Credit Program:
A. Curtilage.
(1) The amount of real property taxes eligible for credit consideration is calculated upon the curtilage, which shall include:
(a) The land occupied by the dwelling house and garage and assessed at a primary rate;
(b) The amount of any additional land insufficient in size according to local zoning requirements for another homesite and assessed at a lesser rate, excluding any agriculturally assessed land.
Code of Maryland Regulations › Title 18 - DEPARTMENT OF ASSESSMENTS AND TAXATION › Subtitle 07 - PROPERTY TAX CREDITS › Chapter 18.07.01 - Homeowners' Tax Credit Program › Section 18.07.01.03 - Application Procedures Established

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Department of Assessments and Taxation has established specific procedures for applicants to complete the Homeowners' Tax Credit application.
B. Application Procedures Listed.
(1) An applicant shall submit with the application form copies of the federal income tax return and accompanying schedules and forms.
(2) An applicant who has a substantial ownership interest in a business or partnership shall submit a complete copy of the federal tax return filed for that business or partnership.
(3) An applicant may be requested to complete an affidavit to substantiate any information reported on the application.
(4) An applicant seeking to exclude the income of a spouse on the basis of a marital separation shall complete an affidavit setting forth the date separation occurred and stating the unlikelihood of the spouse returning to the dwelling house.
(5) An applicant not filing by the September 1 deadline shall complete an affidavit stating the reason for the untimely filing if the application is to be considered for an extension.
(6) An applicant who can submit proof that the applicant is a home purchaser under Tax-Property Article, §9-104(k-1), Annotated Code of Maryland, may file an application by June 30 of the taxable year for which the credit is sought.
(7) An applicant who, pursuant to a court order or separation agreement, permits a spouse, former spouse, or children of that person to reside in the dwelling house without payment of rent, shall submit with the application a copy of the court order.
(8) An applicant who refuses to submit any information required under Tax-Property Article, §9-104, Annotated Code of Maryland, and the regulations, shall be denied a tax credit for failure to substantiate the income reported.
(9) An applicant who provides false or misleading information to the Department may be denied a tax credit.
Code of Maryland Regulations › Title 18 - DEPARTMENT OF ASSESSMENTS AND TAXATION › Subtitle 07 - PROPERTY TAX CREDITS › Chapter 18.07.01 - Homeowners' Tax Credit Program › Section 18.07.01.04 - Home Purchasers

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Department of Assessments and Taxation establishes the following procedures for Homeowners' Tax Credit applicants who are home purchasers under Tax-Property Article, §9-104, Annotated Code of Maryland.
B. Application Procedures Listed.
(1) The tax credit used to adjust a home purchaser's final tax liability at settlement will be in the form of a check made payable jointly to the home purchaser and the title company, attorney, or agent conducting the settlement.
(2) A home purchaser shall submit with the application a copy of the executed sale agreement and all other forms required on the application form to verify the income reported.
(3) A home purchaser shall provide information with the application regarding the name and address of the title company, attorney, or agent conducting the settlement and the specific date chosen for the settlement.
(4) If a home purchaser fails to provide the Department with the specific date chosen for the settlement, the Department shall use the latest possible settlement date under the contract of sale to calculate the credit. If any additional amount of credit is due, it will be paid to the home purchaser after the settlement occurs.
(5) If a home purchaser chooses to use the credit due at the time of settlement, the settlement shall be scheduled not sooner than 45 days after the Department receives the application to allow sufficient time for payment by the Comptroller.
(6) A home purchaser may receive at the time of settlement any credit due only on the current tax year's property tax liability. A home purchaser shall apply separately for a tax credit in any subsequent tax year when application forms and income tax returns applicable for that year are available.
(7) A home purchaser who fails to meet the conditions or requirements outlined will not receive any credit due at the time of settlement.
Code of Maryland Regulations › Title 18 - DEPARTMENT OF ASSESSMENTS AND TAXATION › Subtitle 07 - PROPERTY TAX CREDITS › Chapter 18.07.02 - Renters' Tax Credit Program › Section 18.07.02.01 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) "Affidavit" means a sworn statement in writing on a standard form furnished by the Department.
(2) "All persons who are actual occupants of the dwelling" means household residents during the calendar year for which a credit is sought.
(3) "Applicant" means a person filing for a property tax credit.
(4) "Combined gross income of all persons" means the monies received in the prior year by the applicant renter, the spouse, unless separated, divorced, or widowed, or the resident co-tenant, or all of these, and the monies received by other nondependent occupants of the household unless they are paying reasonable fixed charges to the applicant renter.
(5) "Combined net worth" means the net worth of the applicant, spouse or co-tenant, or all of these, residing in the dwelling unit.
(6) "Dependent" means a person who satisfies the federal Internal Revenue Service standard for a dependent.
(7) "Dwelling unit" means the principal residence of a renter and may be any type of apartment, an individual house, a duplex, a co-op or condominium, or a house trailer or trailer pad.
(8) "Principal residence of the renter" is the one dwelling unit where the renter regularly resides and is the location designated by the renter for the legal purpose of voting, obtaining a driver's license, and filing income tax returns.
(9) "Leasehold interest" means a tenancy in the dwelling unit held under a written lease.
(10) "Persons 60 years old or older" means a person who reached that age as of December 31 of the year for which a credit is sought.
(11) "Reasonable fixed charges" means the amount of room and board, rent, or expenses paid which are sufficient to defray the cost of a person residing on the premises.
(12) "Reasonable value of utilities" means the cost of providing heat, gas, or electricity for the dwelling unit.
(13) "Total income" means all monies received by a person in a calendar year, whether taxable for federal or State income tax purposes or not.
Code of Maryland Regulations › Title 18 - DEPARTMENT OF ASSESSMENTS AND TAXATION › Subtitle 07 - PROPERTY TAX CREDITS › Chapter 18.07.02 - Renters' Tax Credit Program › Section 18.07.02.02 - Criteria Adopted

Current through Register Vol. 51, No. 14, July 12, 2024
The following criteria have been adopted by the Department in the processing of applications for the Renters' Tax Credit Program:
A. Eligibility.
(1) A Renters' Tax Credit shall be available to all persons who meet the following requirements:
(a) The individual meets the requirements of Tax-Property Article, §9-102(a)(9), Annotated Code of Maryland, or is the surviving spouse of an individual satisfying the qualification;
(b) The individual has a bona fide leasehold interest in the dwelling unit, which may not be owned by a public housing authority or an organization exempt from the payment of property taxes;
(c) The individual has resided in the dwelling unit in Maryland for at least 6 months during the calendar year for which the credit is sought;
(d) The individual, spouse or resident co-tenant, or all of these, have a combined net worth of less than $200,000, as defined in Tax-Property Article, §9-102(i)(2), Annotated Code of Maryland;
(e) The person qualifies on the basis of the formula established in Tax-Property Article, §9-102(h), Annotated Code of Maryland, for comparing the combined gross income reported to the assumed real property taxes included in the occupancy rent, as those terms are defined in Tax-Property Article, §9-102(g), Annotated Code of Maryland, and the regulations;
(f) The person submits a complete application furnishing all information required under Tax-Property Article, §9-102(f), Annotated Code of Maryland, and the regulations.
Code of Maryland Regulations › Title 18 - DEPARTMENT OF ASSESSMENTS AND TAXATION › Subtitle 07 - PROPERTY TAX CREDITS › Chapter 18.07.02 - Renters' Tax Credit Program › Section 18.07.02.03 - Application Procedures Established

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Department of Assessments and Taxation has established specific procedures for applicants to complete the Renters' Tax Credit application.
B. Application Procedures Listed.
(1) An applicant shall submit with the application form copies of his federal income tax return and accompanying schedules and forms.
(2) An applicant may be requested to complete an affidavit to substantiate any information reported on the application.
(3) An applicant seeking to exclude the income of a spouse on the basis of a marital separation shall complete an affidavit setting forth the date separation occurred and stating the unlikelihood of the spouse returning to the dwelling unit.
(4) An applicant may be required to submit proof of the leasehold interest.
(5) An applicant who refuses to submit any information required under Tax-Property Article, §9-102, Annotated Code of Maryland, and the regulations, shall be denied a tax credit for failure to substantiate the application.
(6) An applicant who provides false or misleading information to the Department may be denied a tax credit.
Code of Maryland Regulations › Title 18 - DEPARTMENT OF ASSESSMENTS AND TAXATION › Subtitle 07 - PROPERTY TAX CREDITS › Chapter 18.07.03 - Homestead Property Tax Credit Program › Section 18.07.03.01 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) "Actually occupied" means that the homeowner physically resides in the dwelling for the required time period.
(2) "Expected to be actually occupied" means the homeowner intends to reside in the dwelling for the required time period except for an unforeseen absence due to illness or need of hospitalization or special care.
(3) "Principal residence" is the one dwelling where the homeowner regularly resides and is the location designated by the owner for the legal purposes of voting, obtaining a driver's license, and filing income tax returns.
Code of Maryland Regulations › Title 18 - DEPARTMENT OF ASSESSMENTS AND TAXATION › Subtitle 07 - PROPERTY TAX CREDITS › Chapter 18.07.03 - Homestead Property Tax Credit Program › Section 18.07.03.02 - Verification of Owner Occupancy

Current through Register Vol. 51, No. 14, July 12, 2024
The Department may request documentation to verify that a dwelling is the principal residence of a homeowner. This documentation may include, but is not limited to, requiring an individual to execute a sworn affidavit regarding residency for purposes of voting, driver's license address, and income tax filing. Failure to provide the requested information within 30 days from the date of a request shall result in a dwelling being designated as non-owner-occupied for purposes of the Homestead Property Tax Credit.
Code of Maryland Regulations › Title 18 - DEPARTMENT OF ASSESSMENTS AND TAXATION › Subtitle 07 - PROPERTY TAX CREDITS › Chapter 18.07.03 - Homestead Property Tax Credit Program › Section 18.07.03.03 - Cooperative Corporations

Current through Register Vol. 51, No. 14, July 12, 2024
A. Pursuant to Tax-Property Article, §9-105, Annotated Code of Maryland, dwellings occupied through membership in a cooperative corporation are eligible for the Homestead Property Tax Credit.
B. The following information shall be provided for the Department to administer the credit:
(1) For a dwelling's initial eligibility for the credit:
(a) The name of any individuals holding membership in the cooperative corresponding to the dwelling; and
(b) Documentation under Tax-Property Article, §2-218, Annotated Code of Maryland, verifying that the dwelling is the principal residence of the individuals holding that membership; and
Code of Maryland Regulations › Title 18 - DEPARTMENT OF ASSESSMENTS AND TAXATION › Subtitle 07 - PROPERTY TAX CREDITS › Chapter 18.07.04 - Enterprise Zone Tax Credit Program › Section 18.07.04.01 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) "Business entity" has the meaning stated in Tax-Property Article, §9-103, Annotated Code of Maryland.
(2) "Certified" means designated by a political subdivision as complying with the standards submitted by the subdivision as provided in Article 83A, §5-402(d)(4), Annotated Code of Maryland.
(3) "Date of finality" has the meaning stated in Tax-Property Article, §1-101(i), Annotated Code of Maryland.
(4) "Eligible assessment" means the value of qualified personal property which is initially purchased, acquired, leased, transferred, or otherwise brought into Maryland by a certified business entity from January 1 of the calendar year that entity is first certified until the underlying focus area expires.
(5) "Focus area" has the meaning stated in Article 83A, §5-401, Annotated Code of Maryland.
(6) "Political subdivision" has the meaning stated in Article 83A, §5-401, Annotated Code of Maryland.
(7) "Qualified personal property" means personal property located in a focus area.
(8) "Tax credit" means the enterprise zone tax credit provided for in Tax-Property Article, §9-103, Annotated Code of Maryland.
(9) "Taxable year" has the meaning stated in Tax-Property Article, §1-101(ii), Annotated Code of Maryland.
Code of Maryland Regulations › Title 18 - DEPARTMENT OF ASSESSMENTS AND TAXATION › Subtitle 07 - PROPERTY TAX CREDITS › Chapter 18.07.04 - Enterprise Zone Tax Credit Program › Section 18.07.04.02 - Duration of Credit for Personal Property

Current through Register Vol. 51, No. 14, July 12, 2024
Qualified personal property entitled to an eligible assessment may receive a tax credit for 10 consecutive taxable years regardless of whether the underlying focus area expires.
Code of Maryland Regulations › Title 18 - DEPARTMENT OF ASSESSMENTS AND TAXATION › Subtitle 07 - PROPERTY TAX CREDITS › Chapter 18.07.04 - Enterprise Zone Tax Credit Program › Section 18.07.04.03 - Certification for Personal Property

Current through Register Vol. 51, No. 14, July 12, 2024
In order to administer the tax credit, the Department shall receive annually, on or before the date of finality immediately preceding the taxable year for which the tax credit is to be granted, a listing as to the:
A. Business entities certified for the tax credit; and
B. Date the business entities were certified for the tax credit.
Code of Maryland Regulations › Title 18 - DEPARTMENT OF ASSESSMENTS AND TAXATION › Subtitle 07 - PROPERTY TAX CREDITS › Chapter 18.07.04 - Enterprise Zone Tax Credit Program › Section 18.07.04.04 - List of Eligible Assessments

Current through Register Vol. 51, No. 14, July 12, 2024
In each taxable year, the Department shall submit to the appropriate governing body a listing of the amount of the eligible assessments for each certified business entity.
Code of Maryland Regulations › Title 18 - DEPARTMENT OF ASSESSMENTS AND TAXATION › Subtitle 08 - PUBLIC SERVICE COMPANY FRANCHISE TAX › Chapter 18.08.01 - Administration › Section 18.08.01.02 - Companies Subject to the Tax

Current through Register Vol. 51, No. 14, July 12, 2024
A. The tax has two parts:
(1) A gross receipts tax on electric, gas, and telephone companies; and
(2) For electric and gas companies, a tax based on the kilowatt hours of electricity or therms of natural gas delivered by the company for final consumption in the State.
Code of Maryland Regulations › Title 18 - DEPARTMENT OF ASSESSMENTS AND TAXATION › Subtitle 08 - PUBLIC SERVICE COMPANY FRANCHISE TAX › Chapter 18.08.01 - Administration › Section 18.08.01.03 - Inter-Company Transactions

Current through Register Vol. 51, No. 14, July 12, 2024
A. The incidence of the gross receipts tax is intended to fall on a company providing services to the ultimate retail consumer. Therefore, in order to avoid taxing the same transaction more than once, any revenues received by a company for services that will later be resold may not be considered gross receipts as long as the reseller is subject to the tax on those revenues in this State or any other state. For example:
(1) Network access, billing, or other revenues derived from the provision of exchange access or other services to an interexchange carrier are not considered gross receipts for a local exchange carrier;
(2) Revenues derived from the transmission of gas or electricity to another gas or electric company for the purpose of resale are not considered gross receipts.
Code of Maryland Regulations › Title 18 - DEPARTMENT OF ASSESSMENTS AND TAXATION › Subtitle 08 - PUBLIC SERVICE COMPANY FRANCHISE TAX › Chapter 18.08.01 - Administration › Section 18.08.01.04 - Filing Forms and Additional Information

Current through Register Vol. 51, No. 14, July 12, 2024
A. Forms shall be filed with the Department at the locations specified on the form.
B. Each report, application, or response filed for the tax shall be made under oath with a declaration preceding the signature of the author that it is made under penalties of perjury.
C. A company that anticipates a total tax liability of at least $1,000 for a taxable year shall file a declaration of estimated tax with the Department by April 15 of the taxable year. The company shall pay the Department an amount equal to at least 25 percent of the tax liability for the full taxable year on April 15, June 15, September 15, and December 15.
D. On or before March 15 annually, each company shall file with the Department a return detailing all operating and nonoperating revenues for the preceding calendar year. Each company shall attach to the return:
(1) A check made payable to the Department for the remaining tax due for the period covered by the return; and
(2) Financial statements and a copy of the company's annual report as submitted to the appropriate regulatory authorities.
Code of Maryland Regulations › Title 18 - DEPARTMENT OF ASSESSMENTS AND TAXATION › Subtitle 08 - PUBLIC SERVICE COMPANY FRANCHISE TAX › Chapter 18.08.01 - Administration › Section 18.08.01.05 - Assessments, Appeals, and Penalties

Current through Register Vol. 51, No. 14, July 12, 2024
A. If, after an audit of the tax return, the Department determines that the tax is more than the amount shown on the return, the Department will mail to the company a deficiency assessment for taxes due.
B. Interest and penalty shall be imposed if a company fails to pay an installment when due, or estimates a tax that is less than 90 percent of the amount due for the current taxable year and less than 110 percent of the tax paid for the prior taxable year.
C. Failure to file a return or pay the tax when due will result in the imposition of interest and penalty.
D. A company may appeal an assessment within 30 days of the date of mailing of the assessment by applying in writing to the Department for a revision or abatement of amounts due. The company may request an informal hearing on the issue. Following the application or hearing, the Department will take appropriate action and issue a final assessment to the company.
E. A company may appeal a final assessment to the Maryland Tax Court within 30 days after the date of mailing of the final assessment.