§ 13-407
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/md/tax-property/13-407A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
§13–407.
(a)In this section, “total rate of tax” means the rate of tax imposed for the agricultural land transfer tax under § 13–303(a) of this title plus the rate of tax for a county transfer tax imposed under this section.
(1)Unless a greater rate of tax was imposed before July 1, 1979, a county may not impose county transfer tax on a transfer subject to the agricultural land transfer tax under Subtitle 3 of this title at a rate greater than the county rate applicable to the transfer of improved residential property in that county.
(2)If a county has imposed a county transfer tax at a rate that exceeds the rate applicable to the transfer of improved residential property, the total rate of tax that applies to a transfer subject to the agricultural land transfer tax may not exceed 5% plus the rate that applies to improved residential property under the county transfer tax.
(3)If the total rate of tax that applies to a transfer subject to the agricultural land transfer tax exceeds the maximum rate allowed under paragraph
(2)of this subsection:
(i)the agricultural land transfer tax is payable at the rate specified in § 13–303(a) of this title; and
(ii)the rate of the county transfer tax shall be reduced as necessary to comply with the 5% limit.
(c)After July 1, 1979, for the transfer of land subject to the agricultural land transfer tax, a county may not:
(1)impose a county transfer tax at a rate above the rate that was in effect on July 1, 1979; or
(2)increase the rate of a county transfer tax above the rate that was in effect on July 1, 1979.