reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 18 - DEPARTMENT OF ASSESSMENTS AND TAXATION › Subtitle 09 - RAILROAD OPERATING PROPERTY › Chapter 18.09.01 - Allocation › Section 18.09.01.01 - 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) "Property factors" means data that measure the physical presence of the operating unit within the State. Examples of property factors include such items as property cost and miles of track.
(2) "Revenue factors" means data that measure the economic activity of the operating unit within the State. Examples of revenue factors include such items as gross revenue and net operating income.
(3) "Use factors" means data that measure the physical activity of the operating unit within the State. Examples of use factors include such items as ton mileage and originating and terminating tons of freight.
Code of Maryland Regulations › Title 18 - DEPARTMENT OF ASSESSMENTS AND TAXATION › Subtitle 09 - RAILROAD OPERATING PROPERTY › Chapter 18.09.01 - Allocation › Section 18.09.01.02 - Allocation Factors

Current through Register Vol. 51, No. 14, July 12, 2024
In allocating a portion of the operating unit to the State, the Department may use a combination of property, revenue, and use factors. The factors used shall be sufficient to produce a reasonable estimate of the unit value attributable to the State.
Code of Maryland Regulations › Title 18 - DEPARTMENT OF ASSESSMENTS AND TAXATION › Subtitle 10 - PUBLIC UTILITY OPERATING PROPERTY › Chapter 18.10.01 - Classification › Section 18.10.01.01 - Procedure

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this regulation, "operating unit" has the meaning stated in Tax-Property Article, §l-101(y), Annotated Code of Maryland.
B. The Department considers the criteria in Tax-Property Article, §§l-101(ee) and 8-109(h), Annotated Code of Maryland, in determining whether a company should be classified as a public utility for property tax assessment purposes. A company that does not fully meet all of the criteria may still be classified as a public utility if the Department determines that the company predominantly meets the criteria.
C. The classification of property as public utility operating property will generally be determined by the ownership and use of the property as of January 1 preceding the taxable year.
D. If all personal property of a public utility operating unit is transferred between a utility and a nonutility entity on or after January 1, but before July 1, and is reported to the Department, then all of the transferred real and personal property will be reclassified and assessed to the transferee for the taxable year following the transfer. The report shall be filed under oath by the transferor or transferee with the Department by October 1 following the transfer, and include the following information:
(1) A description of the property transferred;
(2) The date and manner of transfer;
(3) The name and address of the transferee;
(4) The consideration, including separate allocation of consideration to real and personal property; and
(5) Any other information that the Department requires.
Code of Maryland Regulations › Title 18 - DEPARTMENT OF ASSESSMENTS AND TAXATION › Subtitle 10 - PUBLIC UTILITY OPERATING PROPERTY › Chapter 18.10.02 - Allocation › Section 18.10.02.01 - 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) "Property factors" means data that measure the physical presence of the operating unit within the State. Examples of property factors include such items as original property cost and depreciated property cost.
(2) "Revenue factors" means data that measure the economic activity of the operating unit within the State. Examples of revenue factors include such items as gross revenue and net operating income.
(3) "Use factors" means data that measure the physical activity of the operating unit within the State. Examples of use factors include such items as kilowatts sold or generated, therms sold, and barrel/miles.
Code of Maryland Regulations › Title 18 - DEPARTMENT OF ASSESSMENTS AND TAXATION › Subtitle 10 - PUBLIC UTILITY OPERATING PROPERTY › Chapter 18.10.02 - Allocation › Section 18.10.02.02 - Allocation Factors

Current through Register Vol. 51, No. 14, July 12, 2024
In allocating a portion of the operating unit to the State, the Department may use a combination of property, revenue, and use factors. The factors used shall be sufficient to produce a reasonable estimate of the unit value attributable to the State.
Code of Maryland Regulations › Title 18 - DEPARTMENT OF ASSESSMENTS AND TAXATION › Subtitle 10 - PUBLIC UTILITY OPERATING PROPERTY › Chapter 18.10.03 - Coal Pollution Facilities › Section 18.10.03.01 - 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) "Certified coal pollution control facility" has the meaning stated in Tax-Property Article, §7-239(a)(1), Annotated Code of Maryland.
(2) "Coal Waste Disposal Power Project" has the meaning stated in Tax-Property Article, §7-239(a)(2), Annotated Code of Maryland.
(3) "Depreciated value " means the original cost of property less its standard depreciation as determined by the Department under COMAR 18.03.01.02.
Code of Maryland Regulations › Title 18 - DEPARTMENT OF ASSESSMENTS AND TAXATION › Subtitle 10 - PUBLIC UTILITY OPERATING PROPERTY › Chapter 18.10.03 - Coal Pollution Facilities › Section 18.10.03.02 - Exemptions From Property Tax

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except as otherwise provided in this regulation, a partial exemption equal to 95 percent of the assessment of the property applies to property placed in service as part of a certified coal pollution control facility or a coal waste disposal power project and for which all necessary permits, including a certificate of public convenience and necessity, are issued after January 1, 1997.
B. If a certified coal pollution control facility produces a profitable by-product or if a part of the facility is required for the operation of the business without regard to State and federal air quality, water quality, and effluent requirements, the partial exemption under this regulation applies only to that portion of the value of the facility attributable to pollution control activity.
C. If a certified coal pollution facility engages in the replacement, repair, or retrofit of equipment that was subject to the property tax on or before December 31, 1996, the partial exemption under this regulation is reduced by the replacement value of existing equipment that is replaced, repaired, or retrofitted.
Code of Maryland Regulations › Title 18 - DEPARTMENT OF ASSESSMENTS AND TAXATION › Subtitle 10 - PUBLIC UTILITY OPERATING PROPERTY › Chapter 18.10.03 - Coal Pollution Facilities › Section 18.10.03.03 - Methods for Calculating the Exemption

Current through Register Vol. 51, No. 14, July 12, 2024
A. Any exemption applied to property under Regulation .02B of this chapter is based on its depreciated value.
B. Any exemption applied to property under Regulation .02C of this chapter is based on the cost of replacement, repair, or retrofit of the equipment minus the depreciated value of the equipment replaced, repaired, or retrofitted.
C. Partial exemptions described in this chapter are calculated using standard depreciation as determined by the Department. Certified pollution control property is depreciated and subtracted from the depreciated cost of electric generation machinery and equipment. The taxable portion of the partial exemption (95 percent exempt; 5 percent taxable) is depreciated and added to the assessment.
Code of Maryland Regulations › Title 18 - DEPARTMENT OF ASSESSMENTS AND TAXATION › Subtitle 11 - TAX PAYMENTS › Chapter 18.11.01 - Tax Payments-Immediately Available Funds › Section 18.11.01.01 - 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) "ACH credit" means a transaction in which a taxpayer, through the taxpayer's bank and an automated clearing house, originates an entry crediting the State's bank account and debiting the taxpayer's bank account for the amount of the payment due.
(2) "Automated clearing house (ACH)" means a central clearing facility operated by:
(a) A federal reserve bank; or
(b) An organization established by agreement with the National Automated Clearing House Association (NACHA) which:
(i) Operates as a clearing house for transmitting or receiving entries between banks and bank accounts; and
(ii) Authorizes an electronic transfer of funds between banks or bank accounts.
(3) "Business day" means the hours between 8 a.m. and 5 p.m., prevailing Eastern time, on a day other than a Saturday, Sunday, or any holiday as defined in Tax-General Article, §1-201(a), Annotated Code of Maryland.
(4) "Department" means the State Department of Assessments and Taxation or its designee.
(5) "Immediately available funds" means an ACH credit, U.S. currency, or wire transfer.
(6) "Person" means an individual, receiver, trustee, guardian, personal representative, fiduciary, or representative of any kind, and any partnership, firm, association, corporation, or other entity.
(7) "Tax" means a public service company franchise tax, including any interest, penalty, or fees.
(8) "Taxpayer" means a person required to pay a tax or file a return or a report.
(9) "TXP" means the tax payment addendum convention for use with the National Automated Clearing House Association's "CCD Plus" format application.
(10) "Wire transfer" means a transaction in which a taxpayer, through the taxpayer's bank, originates an entry which credits the State's bank account and debits the taxpayer's bank account on the same day the transaction is initiated.
Code of Maryland Regulations › Title 18 - DEPARTMENT OF ASSESSMENTS AND TAXATION › Subtitle 11 - TAX PAYMENTS › Chapter 18.11.01 - Tax Payments-Immediately Available Funds › Section 18.11.01.02 - Requirements for Payment by Immediately Available Funds

Current through Register Vol. 51, No. 14, July 12, 2024
A. A taxpayer whose unpaid tax liability is $10,000 or more shall remit payment by immediately available funds pursuant to the following:
(1) Except as provided in §A(2) of this regulation, tax payment shall be made by using ACH credit; or
(2) Tax payment by wire transfer may be used if the taxpayer:
(a) Initiates an ACH credit or authorizes an ACH debit transaction which fails,
(b) Receives prior approval from the Department, and
(c) Assumes all costs associated with the wire transfer transaction.
Code of Maryland Regulations › Title 18 - DEPARTMENT OF ASSESSMENTS AND TAXATION › Subtitle 11 - TAX PAYMENTS › Chapter 18.11.01 - Tax Payments-Immediately Available Funds › Section 18.11.01.03 - Registration

Current through Register Vol. 51, No. 14, July 12, 2024
A person making a payment as an agent for a taxpayer may be required to register with the Department before initiation of an ACH tax payment.
Code of Maryland Regulations › Title 18 - DEPARTMENT OF ASSESSMENTS AND TAXATION › Subtitle 11 - TAX PAYMENTS › Chapter 18.11.01 - Tax Payments-Immediately Available Funds › Section 18.11.01.04 - Use of ACH Payments

Current through Register Vol. 51, No. 14, July 12, 2024
A. General. A taxpayer using the ACH payment method shall make the appropriate arrangements to initiate the payment so that the transfer is executed on the date payment is due.
B. ACH Credit.
(1) A taxpayer using the ACH credit payment method shall initiate each payment of tax by contacting its own financial institution and requesting the institution to transfer both the appropriate identifying information and payment to the State's depository bank via an ACH credit.
(2) A taxpayer shall remit an ACH credit transaction with an addendum record formatted in accordance with the appropriate TXP convention.
Code of Maryland Regulations › Title 18 - DEPARTMENT OF ASSESSMENTS AND TAXATION › Subtitle 11 - TAX PAYMENTS › Chapter 18.11.01 - Tax Payments-Immediately Available Funds › Section 18.11.01.05 - Miscellaneous Filing and Reporting Provisions

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Department may require persons remitting taxes by ACH credit or wire transfer method to file an annual reconciliation report.
B. A taxpayer who remits taxes by ACH credit or wire transfer method shall indicate that fact on all tax returns required to be filed for that period for which tax payment is being made.
Code of Maryland Regulations › Title 18 - DEPARTMENT OF ASSESSMENTS AND TAXATION › Subtitle 13 - RECORDATION AND TRANSFER TAXES › Chapter 18.13.01 - Security Agreements › Section 18.13.01.01 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter, the following terms in Commercial Law Article, §
									9-402(d), Annotated Code of Maryland, have the meanings indicated.
B. Terms Defined.
(1) "County in which each debtor's principal place of business in the State is located" means:
(a) For a debtor with one place of business, where the business is conducted;
(b) For a debtor with more than one place of business, where the debtor's:
(i) Chief executive office is situated, or, if inapplicable;
(ii) Business in this State is otherwise directed or managed, or, if inapplicable;
(iii) Business in this State is primarily conducted.
Code of Maryland Regulations › Title 18 - DEPARTMENT OF ASSESSMENTS AND TAXATION › Subtitle 13 - RECORDATION AND TRANSFER TAXES › Chapter 18.13.02 - Transfers of Controlling Interests › Section 18.13.02.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
The regulations in this chapter apply to both recordation and transfer taxes administered by the Department under Tax-Property Article, Titles 12 and 13, Annotated Code of Maryland, to the extent allowed by law.
Code of Maryland Regulations › Title 18 - DEPARTMENT OF ASSESSMENTS AND TAXATION › Subtitle 13 - RECORDATION AND TRANSFER TAXES › Chapter 18.13.02 - Transfers of Controlling Interests › Section 18.13.02.02 - 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) "Beneficially owned by a real property entity" means the entity holds:
(a) An ownership interest in another entity that owns the real property directly;
(b) An interest in another entity or entities that, through a series of ownership tiers, ultimately reaches an entity that owns the real property directly; or
(c) A beneficial interest in a trust that directly owns the real property or, through a series of trusts or other entities, ultimately reaches an entity that owns the real property directly.
Code of Maryland Regulations › Title 18 - DEPARTMENT OF ASSESSMENTS AND TAXATION › Subtitle 13 - RECORDATION AND TRANSFER TAXES › Chapter 18.13.02 - Transfers of Controlling Interests › Section 18.13.02.03 - Valuation of Controlling Interests

Current through Register Vol. 51, No. 14, July 12, 2024
The valuation of a controlling interest:
A. Is not determined solely by the number of shares or other units of ownership interest and the par value or other value assigned to those interests by a real property entity; and
B. Will consider the value of the rights and benefits associated with the majority ownership of the controlling interest being transferred as reflected in the transactional documents and any other evidence considered relevant by the Department.
Code of Maryland Regulations › Title 18 - DEPARTMENT OF ASSESSMENTS AND TAXATION › Subtitle 13 - RECORDATION AND TRANSFER TAXES › Chapter 18.13.02 - Transfers of Controlling Interests › Section 18.13.02.04 - Determination of Completed Transfer

Current through Register Vol. 51, No. 14, July 12, 2024
A. A transfer of controlling interest is considered complete when the controlling interest percentage standard is met within any 12-month period, regardless of whether other transfers may be planned or have taken place outside of the 12-month period.
B. If a final transfer of controlling interest is accomplished through multiple steps that would be considered one transaction under the step transaction doctrine, then that one transaction, including all multiple steps that make up that one transaction, is considered effective and complete upon the earlier of the date when:
(1) The last step has occurred; or
(2) The interest transferred in the multiple steps meets the controlling interest percentage standard, regardless of the fact that other steps may be planned for the future.
Code of Maryland Regulations › Title 18 - DEPARTMENT OF ASSESSMENTS AND TAXATION › Subtitle 13 - RECORDATION AND TRANSFER TAXES › Chapter 18.13.02 - Transfers of Controlling Interests › Section 18.13.02.05 - Reports of Transfers

Current through Register Vol. 51, No. 14, July 12, 2024
A. A real property entity shall file the report required by Tax-Property Article, §12-117(d), Annotated Code of Maryland:
(1) On a form required by the Department; and
(2) Under the signed oath of an individual who has authority to bind the real property entity.
Code of Maryland Regulations › Title 18 - DEPARTMENT OF ASSESSMENTS AND TAXATION › Subtitle 13 - RECORDATION AND TRANSFER TAXES › Chapter 18.13.02 - Transfers of Controlling Interests › Section 18.13.02.06 - Determination of Consideration

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Department determines the amount of consideration payable for the transfer of a controlling interest and imposes the corresponding tax based upon:
(1) The report referenced in Regulation .05 of this chapter; and
(2) Any other information secured by the Department.
Code of Maryland Regulations › Title 18 - DEPARTMENT OF ASSESSMENTS AND TAXATION › Subtitle 13 - RECORDATION AND TRANSFER TAXES › Chapter 18.13.02 - Transfers of Controlling Interests › Section 18.13.02.07 - Applicability of Exemptions

Current through Register Vol. 51, No. 14, July 12, 2024
A. The transfer of a controlling interest is exempt from recordation tax only to the extent that a specific transfer under a plan of transfer meets the criteria for an exemption set forth in Tax-Property Article, §12-117(c), Annotated Code of Maryland.
B. The transfer of a controlling interest is exempt from transfer tax only to the extent that a specific transfer under a plan of transfer meets the criteria for an exemption set forth in Tax-Property Article, §13-103(c), Annotated Code of Maryland.
C. The transfer of a portion of a controlling interest that is exempt will be considered in determining whether there has been a transfer of controlling interest.
Code of Maryland Regulations › Title 18 - DEPARTMENT OF ASSESSMENTS AND TAXATION › Subtitle 13 - RECORDATION AND TRANSFER TAXES › Chapter 18.13.02 - Transfers of Controlling Interests › Section 18.13.02.08 - Applicability of Other Sections

Current through Register Vol. 51, No. 14, July 12, 2024
If the transfer of a controlling interest is taxable under Tax-Property Article, §§12-117, 12-105(g), and 13-205(d), Annotated Code of Maryland, recordation and transfer taxes will be imposed based only on the latter two sections.
Code of Maryland Regulations › Title 18 - DEPARTMENT OF ASSESSMENTS AND TAXATION › Subtitle 13 - RECORDATION AND TRANSFER TAXES › Chapter 18.13.02 - Transfers of Controlling Interests › Section 18.13.02.09 - Ending Existence

Current through Register Vol. 51, No. 14, July 12, 2024
A. If a transaction, such as a merger or consolidation, ends the existence of one or more entities, the determination of whether there has been a transfer of controlling interest of a real property entity will be based on the entity that holds the direct or beneficial interest in the real property at the beginning of the transaction.
B. If the transfer of a controlling interest of a real property entity ends the existence of that real property entity, the surviving entity or entities, regardless of whether they meet the definition of a real property entity, shall:
(1) File a report of transfer; and
(2) Pay any recordation and transfer tax due.
Code of Maryland Regulations › Title 18 - DEPARTMENT OF ASSESSMENTS AND TAXATION › Subtitle 13 - RECORDATION AND TRANSFER TAXES › Chapter 18.13.02 - Transfers of Controlling Interests › Section 18.13.02.10 - Burden of Proof

Current through Register Vol. 51, No. 14, July 12, 2024
A real property entity has the burden of establishing to the satisfaction of the Department any information required to administer Tax-Property Article, §12-117, Annotated Code of Maryland, or this chapter.
Code of Maryland Regulations › Title 18 - DEPARTMENT OF ASSESSMENTS AND TAXATION › Subtitle 13 - RECORDATION AND TRANSFER TAXES › Chapter 18.13.02 - Transfers of Controlling Interests › Section 18.13.02.11 - Examples

Current through Register Vol. 51, No. 14, July 12, 2024
A Delaware limited liability company (DE LLC) owns only Maryland real property with a value of $10,000,000. A New Jersey corporation (NJ Corp) owns all of the membership interest in DE LLC, which represents 100 percent of NJ Corp's assets. A California corporation (CA Corp) owns all of the stock of NJ Corp and all of the membership interest in a Florida limited liability company (FL LLC), which represents 100 percent of CA Corp's assets. FL LLC owns only Florida real property valued at $1,000,000. The following apply:
A. The transfer of DE LLC's membership interest is subject to recordation and transfer taxes in Maryland under Tax-Property Article, §12-117, Annotated Code of Maryland;
B. The transfer of the stock of NJ Corp is subject to recordation and transfer taxes in Maryland under Tax-Property Article, §12-117, Annotated Code of Maryland;
C. The transfer of the stock of CA Corp is subject to recordation and transfer taxes in Maryland under Tax-Property Article, §12-117, Annotated Code of Maryland, because 80 percent of its assets are still Maryland real property; and
D. In §C of this regulation, if FL LLC owns only Florida real property valued at $5,000,000, the transfer of the stock of CA Corp is not subject to recordation and transfer taxes in Maryland under Tax-Property Article, §12-117, Annotated Code of Maryland, because CA Corp would no longer be a real property entity.
Code of Maryland Regulations › Title 18 - DEPARTMENT OF ASSESSMENTS AND TAXATION › Subtitle 13 - RECORDATION AND TRANSFER TAXES › Chapter 18.13.02 - Transfers of Controlling Interests › Section 18.13.02.12 - Tax Avoidance

Current through Register Vol. 51, No. 14, July 12, 2024
The Department will administer Tax-Property Article, §12-117, Annotated Code of Maryland, and this chapter in the broadest legal manner to impose a tax when a transaction involving a transfer of controlling interest in a real property entity is structured to avoid the payment of the taxes.
Code of Maryland Regulations › Title 18 - DEPARTMENT OF ASSESSMENTS AND TAXATION › Subtitle 14 - UNIFORM COMMERCIAL CODE › Chapter 18.14.01 - General Provisions › Section 18.14.01.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
The regulations set forth in this subtitle are effective with respect to financing statements filed on or after July 1, 2001.
Code of Maryland Regulations › Title 18 - DEPARTMENT OF ASSESSMENTS AND TAXATION › Subtitle 14 - UNIFORM COMMERCIAL CODE › Chapter 18.14.01 - General Provisions › Section 18.14.01.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this subtitle, the following terms have the meanings indicated.
B. Terms Defined.
(1) Amendment.
(a) "Amendment" means a UCC record that amends the information contained in a financing statement.
(b) "Amendment" includes assignments, continuations, and terminations.
Code of Maryland Regulations › Title 18 - DEPARTMENT OF ASSESSMENTS AND TAXATION › Subtitle 14 - UNIFORM COMMERCIAL CODE › Chapter 18.14.01 - General Provisions › Section 18.14.01.03 - Duties and Responsibilities

Current through Register Vol. 51, No. 14, July 12, 2024
A. The duties and responsibilities of the filing office with respect to the administration of the UCC are ministerial. In accepting for recordation or refusing to record a financing statement pursuant to this subtitle, the filing office does not:
(1) Determine the legal sufficiency or insufficiency of a record;
(2) Determine that a security interest in collateral exists or does not exist;
(3) Determine that information in the record is correct or incorrect, in whole or in part; or
(4) Create a presumption that information in the record is correct or incorrect, in whole or in part.
Code of Maryland Regulations › Title 18 - DEPARTMENT OF ASSESSMENTS AND TAXATION › Subtitle 14 - UNIFORM COMMERCIAL CODE › Chapter 18.14.01 - General Provisions › Section 18.14.01.04 - Date, Time, and Method of Filing

Current through Register Vol. 51, No. 14, July 12, 2024
A. Filing Methods.
(1) The Filing Office may accept filings by the methods specified in §A(2)-(4) of this regulation.
(2) Hand Delivery to the Filing Office. The file time for a UCC record delivered by this method is the date and time of presentation of a paper record to a representative of the filing office.
(3) Postal Service or Express Mail Delivery to the Filing Office. The file time for a UCC record delivered by this method is the date the filing record is received and the time that is manually stamped on the filing by a representative of the filing office.
(4) Electronic Transmission to the Filing Office, Excluding Telefacsimile Transmission. The file time for a UCC record delivered by this method is the date and time the filing record is received.
Code of Maryland Regulations › Title 18 - DEPARTMENT OF ASSESSMENTS AND TAXATION › Subtitle 14 - UNIFORM COMMERCIAL CODE › Chapter 18.14.01 - General Provisions › Section 18.14.01.05 - Forms

Current through Register Vol. 51, No. 14, July 12, 2024
A. The filing office shall accept for filing a form approved by the National Conference of Commissioners on Uniform State Laws or the International Association of Corporation Administrators or any other form providing the information required by Commercial Law Article, Title 9, Annotated Code of Maryland.
B. The affidavit form required by Commercial Law Article, §
									9-501.1(f), Annotated Code of Maryland, is adopted and made available.
Code of Maryland Regulations › Title 18 - DEPARTMENT OF ASSESSMENTS AND TAXATION › Subtitle 14 - UNIFORM COMMERCIAL CODE › Chapter 18.14.01 - General Provisions › Section 18.14.01.06 - Fees

Current through Register Vol. 51, No. 14, July 12, 2024
A. Expedited Service Fee. In addition to fees set forth in Commercial Law Article, Annotated Code of Maryland, the fee is $50 for the expedited processing of a record as provided in Corporations and Associations Article, §§
									1-203(8)  and  1-203.2, Annotated Code of Maryland.
B. Copy Fees. In addition to the fees set forth in §A of this regulation, other fees are:
(1) $1 per page for a copy of a record;
(2) $6 to certify a copy of a record; and
(3) $20 per copy or per certified copy of each record provided by expedited service.
Code of Maryland Regulations › Title 18 - DEPARTMENT OF ASSESSMENTS AND TAXATION › Subtitle 14 - UNIFORM COMMERCIAL CODE › Chapter 18.14.01 - General Provisions › Section 18.14.01.07 - Payment Methods

Current through Register Vol. 51, No. 14, July 12, 2024
A. Fees may be paid by the methods specified in §§B-D of this regulation.
B. Checks by Hand Delivery, by Postal Service, or by Express Mail. Personal checks, cashier's checks, and money orders made payable to the filing office and presented by these methods of delivery are accepted by the filing office.
C. Debit Cards and Credit Cards for All Methods of Delivery. The filing office accepts payment by debit and credit cards for filings.
Code of Maryland Regulations › Title 18 - DEPARTMENT OF ASSESSMENTS AND TAXATION › Subtitle 14 - UNIFORM COMMERCIAL CODE › Chapter 18.14.01 - General Provisions › Section 18.14.01.08 - Overpayment

Current through Register Vol. 51, No. 14, July 12, 2024
The filing office shall process the record and shall refund separately at a later date any overpayment to the remitter.
Code of Maryland Regulations › Title 18 - DEPARTMENT OF ASSESSMENTS AND TAXATION › Subtitle 14 - UNIFORM COMMERCIAL CODE › Chapter 18.14.02 - Refusal of Records › Section 18.14.02.01 - Grounds for Refusal

Current through Register Vol. 51, No. 14, July 12, 2024
A. The grounds for refusal by the filing office to accept a record for filing are listed in Commercial Law Article, §
									9-516, Annotated Code of Maryland.
B. Multiple Debtor Record. If the initial financing statement or an amendment contains more than one debtor name or address and some names or addresses are missing or illegible, the filing office shall accept only the debtors with legible name or names and address pairings.
C. Multiple Secured Party or Parties Record. If the initial financing statement or an amendment contains more than one secured party or assignee name or address and some names or addresses are missing or illegible, the filing office shall accept only the legible name or names and address pairings.
D. Remitter Responsibility. It is the responsibility of the remitter to insure the accuracy and completeness of the record in §§B and C of this regulation by performing a subsequent inspection of the public record once indexed.
Code of Maryland Regulations › Title 18 - DEPARTMENT OF ASSESSMENTS AND TAXATION › Subtitle 14 - UNIFORM COMMERCIAL CODE › Chapter 18.14.02 - Refusal of Records › Section 18.14.02.02 - Procedure Upon Refusal

Current through Register Vol. 51, No. 14, July 12, 2024
If the filing office finds grounds to refuse to accept a UCC record for filing, the filing office shall return the filing to the remitter and provide a written notice of refusal stating the grounds for refusal and the date and time that the record would have been accepted if not refused. The filing office shall separately refund the filing fee at a later date or apply the filing fee to a subsequent filing of a financing statement by the remitter.
Code of Maryland Regulations › Title 18 - DEPARTMENT OF ASSESSMENTS AND TAXATION › Subtitle 14 - UNIFORM COMMERCIAL CODE › Chapter 18.14.02 - Refusal of Records › Section 18.14.02.03 - Notification of Defects

Current through Register Vol. 51, No. 14, July 12, 2024
This subtitle does not prevent a filing office from communicating to a filer or a remitter that the filing office noticed apparent potential defects in a UCC record, whether or not it was filed or refused for filing. However, the filing office is under no obligation to do so.
Code of Maryland Regulations › Title 18 - DEPARTMENT OF ASSESSMENTS AND TAXATION › Subtitle 14 - UNIFORM COMMERCIAL CODE › Chapter 18.14.02 - Refusal of Records › Section 18.14.02.04 - Refusal Errors

Current through Register Vol. 51, No. 14, July 12, 2024
If a secured party or a remitter demonstrates to the satisfaction of the filing office that a UCC record that was refused for filing should not have been, the filing office shall file the UCC record as provided in this subtitle with the filing date and time that the record would have been accepted if not refused. The filing office shall also file a filing office correction statement that states the date and time the filing was originally presented for filing and should have been accepted by the filing office.
Code of Maryland Regulations › Title 18 - DEPARTMENT OF ASSESSMENTS AND TAXATION › Subtitle 14 - UNIFORM COMMERCIAL CODE › Chapter 18.14.03 - UCC Information Management System › Section 18.14.03.01 - Data Elements

Current through Register Vol. 51, No. 14, July 12, 2024
A. The UCC data elements used in the information management system are specified in §§B-G of this regulation.
B. File Number.
(1) Each initial financing statement is identified by its file number. Identification of the initial financing statement is affixed on the UCC files or otherwise permanently associated with the record maintained for UCC files in the information management system. A record is created in the information management system for each initial financing statement and all information comprising the record is maintained in the system.
(2) A UCC record other than an initial financing statement is identified by a unique acknowledgment number assigned by the filing office. In the information management system, records of all UCC records other than initial financing statements are linked to the record by the file number of their related initial financing statements.
Code of Maryland Regulations › Title 18 - DEPARTMENT OF ASSESSMENTS AND TAXATION › Subtitle 14 - UNIFORM COMMERCIAL CODE › Chapter 18.14.03 - UCC Information Management System › Section 18.14.03.02 - Name Indexes

Current through Register Vol. 51, No. 14, July 12, 2024
A. Individual Debtors.
(1) Individual Name Fields. The names of individuals are stored in fields that include only the names of individuals, and not the names of organizations. Separate data entry fields are established for first, middle, and last names of individuals. If the filer makes no designation as to first, middle, and last name, the filing office shall treat the name as submitted as first, middle, and last name for purposes of this regulation. A filer should place the name of a debtor with a single name, for example, "Cher", in the last name field. The filing office assumes no responsibility for the accurate designation of the components of a name but will accurately enter the data in accordance with the filer's designations.
(2) Titles and Prefixes Before Names. Titles and prefixes, such as "doctor", "reverend", "Mr.", "Ms.", are not entered in the UCC information management system.
(3) Titles and Suffixes After Names. Titles or indications of status such as "M.D." and "esquire" are not entered in the UCC information management system. The only suffixes after names that are entered into the management system are "Jr.", "Sr.", and Roman numerals ("II", "III", "IV", "V", etc.).
(4) Truncation-Individual Names. Personal name fields in the UCC database are fixed in length. Although filers should continue to provide full names on their UCC records, a name that exceeds the fixed length is entered as presented to the filing office, up to the maximum length of the data entry field. The length of data entry name files are as follows:
(a) First name: 20 characters;
(b) Middle name: 20 characters;
(c) Last name: 60 characters;
(d) Suffix: 25 characters.
Code of Maryland Regulations › Title 18 - DEPARTMENT OF ASSESSMENTS AND TAXATION › Subtitle 14 - UNIFORM COMMERCIAL CODE › Chapter 18.14.03 - UCC Information Management System › Section 18.14.03.03 - Processing and Data Entry Procedures

Current through Register Vol. 51, No. 14, July 12, 2024
A. Processing.
(1) Date and Time Stamp. The date and time of receipt are noted on the record or otherwise permanently associated with the record maintained for a UCC filing in the UCC information management system at the earliest possible time.
(2) Transactions necessary for processing payment of the filing fee are performed.
(3) Document Review.
(a) The filing office determines whether a ground exists to refuse the document under COMAR 18.14.02.01D.
(b) File Stamp. If there is no ground for refusal of the document, the document is determined filed, and a label is affixed containing a file number, a unique acknowledgment number, and the file time and date. All such information contained on the label is permanently associated with the record maintained in the UCC information management system. The sequence of the file or acknowledgment number is not an indication of the order in which the document was received.
(c) Communication of Acceptance or Refusal,
(i) If a record tendered by hand for expedited service is accepted, a paper acknowledgment is delivered by hand to the presenter.
(ii) If a record tendered by hand for expedited service is refused, the record, the filing fee, and a notice of refusal are returned in person.
(iii) If a record tendered by hand for non-expedited service is accepted or rejected, a paper acknowledgment or notice of refusal is sent via United States Postal Service first class mail.
(iv) If a record tendered by postal service, express mail, or any other means is accepted or rejected, a paper acknowledgment or notice of refusal is sent via United States Postal Service first class mail.
Code of Maryland Regulations › Title 18 - DEPARTMENT OF ASSESSMENTS AND TAXATION › Subtitle 15 - GROUND RENTS › Chapter 18.15.01 - Redemption › Section 18.15.01.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter applies to the redemption of reversions in leases under Real Property Article, §
									8-804, Annotated Code of Maryland, filed on or after January 1, 2004.
Code of Maryland Regulations › Title 18 - DEPARTMENT OF ASSESSMENTS AND TAXATION › Subtitle 15 - GROUND RENTS › Chapter 18.15.01 - Redemption › Section 18.15.01.02 - Documentation of Lease by Tenant

Current through Register Vol. 51, No. 14, July 12, 2024
To redeem a reversion in a lease under Real Property Article, §
									8-804, Annotated Code of Maryland, a tenant shall file with the Department of Assessments and Taxation:
A. A copy of:
(1) The publicly recorded lease creating the leasehold on the property and ground rent interest of the landlord; or
(2) Any publicly recorded documents establishing the existence of the lease;
Code of Maryland Regulations › Title 18 - DEPARTMENT OF ASSESSMENTS AND TAXATION › Subtitle 15 - GROUND RENTS › Chapter 18.15.01 - Redemption › Section 18.15.01.03 - Calculation of Redemption Amount

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Department shall:
(1) Calculate the ground rent redemption amount as if no ground lease payments have been made by or on behalf of the tenant to the ground lease holder during the 3 years immediately before the filing of the documentation required by Regulation .02 of this chapter; and
(2) Reduce the ground rent redemption amount if the tenant provides proof that ground lease payments have been made by or on behalf of the tenant to the ground lease holder during the 3 years immediately before the filing of the documentation required by Regulation .02 of this chapter.
Code of Maryland Regulations › Title 18 - DEPARTMENT OF ASSESSMENTS AND TAXATION › Subtitle 15 - GROUND RENTS › Chapter 18.15.01 - Redemption › Section 18.15.01.04 - Documentation of Claimant's Interest

Current through Register Vol. 51, No. 14, July 12, 2024
To file a claim under Real Property Article, §
									8-804, Annotated Code of Maryland, a claimant shall:
A. File a copy of the publicly recorded documents establishing the claimant as the current landlord to the satisfaction of the Department;
B. If the claimant is the landlord and a natural person, submit a notarized affidavit acknowledged under oath to the Department verifying their identity;
C. If the claimant is the landlord and an entity, provide proof of identity and current existence, which may include documents on file in public records;
D. If the claimant is an heir or devisee of the landlord, file:
(1) Copies of the will, final probate orders, and accounting statements or other publicly recorded document showing that the claimant is entitled to the interest of the landlord; and
(2) Identification of the type described in §B or C of this regulation;
Code of Maryland Regulations › Title 18 - DEPARTMENT OF ASSESSMENTS AND TAXATION › Subtitle 15 - GROUND RENTS › Chapter 18.15.01 - Redemption › Section 18.15.01.05 - Internet Posting

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Department will place on its website a link from the real property system to a ground rents filing system showing each property for which an application for ground rent redemption has been made.
B. If a ground rent redemption filing exists, the ground rents filing system will provide information showing that a redemption:
(1) Application has been filed;
(2) Certificate has been issued; and
(3) Payment has been authorized by the Department.
Code of Maryland Regulations › Title 18 - DEPARTMENT OF ASSESSMENTS AND TAXATION › Subtitle 15 - GROUND RENTS › Chapter 18.15.01 - Redemption › Section 18.15.01.06 - Issuance of Redemption Certificates

Current through Register Vol. 51, No. 14, July 12, 2024
The Department will issue the ground rent redemption certificate:
A. 90 days after the posting of the notice of the application on the Department's website; and
B. After the redemption amount has been paid by the tenant to the Department.
Code of Maryland Regulations › Title 18 - DEPARTMENT OF ASSESSMENTS AND TAXATION › Subtitle 15 - GROUND RENTS › Chapter 18.15.01 - Redemption › Section 18.15.01.07 - Payment Methods

Current through Register Vol. 51, No. 14, July 12, 2024
A. The tenant shall pay the redemption amount to the Department either by certified check or money order unless the tenant is a government or subdivision of a government.
B. The Department will authorize a redemption payment to the State Treasurer and a check payment will be mailed by first class mail to the claimant.
Code of Maryland Regulations › Title 18 - DEPARTMENT OF ASSESSMENTS AND TAXATION › Subtitle 15 - GROUND RENTS › Chapter 18.15.02 - Registration › Section 18.15.02.01 - 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) "Current ground rent deed of record" has the meaning stated in Real Property Article, §
										8-701(b), Annotated Code of Maryland.
(2) "Department" has the meaning stated in Real Property Article, §
										8-701(c), Annotated Code of Maryland.
(3) "Ground lease" has the meaning stated in Real Property Article, §
										8-701(d), Annotated Code of Maryland.
(4) "Ground lease holder" has the meaning stated in Real Property Article, §
										8-701(e), Annotated Code of Maryland.
(5) "Register" means to submit to the Department, for each ground rent:
(a) The Department's completed registration form; and
(b) Any appropriate registration fee.
(6) Submit.
(a) "Submit" means to cause the Department to receive only by:
(i) Hand delivery;
(ii) Regular mail postmarked with a date on or before the time allowed for the action; or
(iii) Specific electronic means approved by the Department.
(b)"Submit" does not mean delivery by:
(i) Facsimile; or
(ii) Any means other than those set forth above in §B(6)(a) of this regulation.
(7) "Substantially completed registration form" means one that:
(a) Has a response for each question;
(b) Is legible; and
(c) Is sufficiently accurate to allow the Department to reasonably identify the property for which the ground lease was created.
Code of Maryland Regulations › Title 18 - DEPARTMENT OF ASSESSMENTS AND TAXATION › Subtitle 15 - GROUND RENTS › Chapter 18.15.02 - Registration › Section 18.15.02.02 - Registration Deadline

Current through Register Vol. 51, No. 14, July 12, 2024
As provided in Real Property Article, §
									8-707(a), Annotated Code of Maryland, and subject to Real Property Article, §
									8-707(b), Annotated Code of Maryland, a ground lease holder shall register a ground lease with the Department before September 30, 2010.
Code of Maryland Regulations › Title 18 - DEPARTMENT OF ASSESSMENTS AND TAXATION › Subtitle 15 - GROUND RENTS › Chapter 18.15.02 - Registration › Section 18.15.02.03 - Duties and Responsibilities

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Department's duties and responsibilities respecting the registration of ground rents are ministerial. In registering a ground rent or refusing to register a ground rent pursuant to this chapter, the Department does not:
(1) Determine that a ground rent does or does not exist;
(2) Determine that a lot does or does not exist;
(3) Determine that information contained in a registration form is correct or incorrect, in whole or in part; or
(4) Create a presumption that the information contained in a registration form is correct or incorrect, in whole or in part.
Code of Maryland Regulations › Title 18 - DEPARTMENT OF ASSESSMENTS AND TAXATION › Subtitle 15 - GROUND RENTS › Chapter 18.15.02 - Registration › Section 18.15.02.04 - Substantially Completed Registration Forms

Current through Register Vol. 51, No. 14, July 12, 2024
The Department may register a ground lease for which a substantially completed registration form has been submitted.
Code of Maryland Regulations › Title 18 - DEPARTMENT OF ASSESSMENTS AND TAXATION › Subtitle 15 - GROUND RENTS › Chapter 18.15.02 - Registration › Section 18.15.02.05 - Inconsistent or Incomplete Information

Current through Register Vol. 51, No. 14, July 12, 2024
If any information requested on a registration form has not been provided or if, for any other reason, the Department is unable to register a ground lease for which a registration form and appropriate fee has been submitted:
(A)  The Department shall notify the ground lease holder of that ground lease, within 30 days of processing the registration form, of any information needed by the Department to complete the registration; and
B. The ground lease holder shall have up to 30 days from the date on the Department's notice to submit the needed information before the ground lease is considered not registered under Real Property Article, §
									8-707, Annotated Code of Maryland.
Code of Maryland Regulations › Title 18 - DEPARTMENT OF ASSESSMENTS AND TAXATION › Subtitle 15 - GROUND RENTS › Chapter 18.15.02 - Registration › Section 18.15.02.06 - Consolidated or Subdivided Lots

Current through Register Vol. 51, No. 14, July 12, 2024
When a ground rent is attempted to be registered for a tax identification number that no longer exists due to consolidation or subdivision of the associated lot, the Department will register the ground rent using the currently existing tax identification number that most closely identifies the consolidated or subdivided lot.
Code of Maryland Regulations › Title 18 - DEPARTMENT OF ASSESSMENTS AND TAXATION › Subtitle 16 - RATE STABILIZATION PROPERTY › Chapter 18.16.01 - General Provisions › Section 18.16.01.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
The regulations set forth in this subtitle are effective with respect to any filing on or after July 1, 2006.
Code of Maryland Regulations › Title 18 - DEPARTMENT OF ASSESSMENTS AND TAXATION › Subtitle 16 - RATE STABILIZATION PROPERTY › Chapter 18.16.01 - General Provisions › Section 18.16.01.03 - Duties and Responsibilities

Current through Register Vol. 51, No. 14, July 12, 2024
A. The duties and responsibilities of the filing office with respect to the filing of records pursuant to this subtitle are ministerial.
B. In accepting or refusing to accept a record, the filing office does not:
(1) Determine the legal sufficiency or insufficiency of a record;
(2) Determine that a security interest in rate stabilization property exists or does not exist;
(3) Determine that information in the record is correct or incorrect, in whole or in part; or
(4) Create a presumption that information in the record is correct or incorrect, in whole or in part.
Code of Maryland Regulations › Title 18 - DEPARTMENT OF ASSESSMENTS AND TAXATION › Subtitle 16 - RATE STABILIZATION PROPERTY › Chapter 18.16.01 - General Provisions › Section 18.16.01.04 - Date, Time, and Method of Filing

Current through Register Vol. 51, No. 14, July 12, 2024
A. A record shall be filed with the filing office by the filing party.
B. A record shall be filed on the form approved by the filing office or an identical replication of the form.
C. Hand delivery to the filing office shall be the sole method for filing a record.
D. The filing office is open to the public between the hours of 8:30 a.m. and 5 p.m., Monday through Friday, except for State holidays.
E. The filing date and filing time of a record shall be as defined in Regulation .02 of this chapter.
F. The filing office shall assign a unique file number to a record.
G. An acknowledgement of acceptance by the filing office of a record shall be provided to the filing party.