[Added by Ch. 423 of the Laws of 1992 and
Bill No. 93-3[1]]
[1]
Editor's Note: This bill also provided in
Section 2 as follows: The transfer tax imposed by this Act does not
apply to an instrument of writing that conveys title to real property
and is recorded or filed on or before December 31, 1993 if: A. a fully
executed contract of sale for the property is entered into on or before
June 30, 1993; and B. closing and the transfer of legal title to the
property are completed on or before December 31, 1993, to the same
person who executed the contract as the buyer.
A.Â
Definition.
(1)Â
In this Article "instrument of writing" means a written
instrument that conveys title to, or a leasehold interest in, real
property.
(2)Â
"Instrument of writing" includes:
(a)Â
A deed or contract;
(b)Â
A lease;
(c)Â
An assignment of a lessee's interest;
(d)Â
Articles of transfer;
(e)Â
Articles of merger or other document which evidences
a merger of foreign corporations or foreign limited partnerships;
and
(f)Â
Articles of consolidation or other document
which evidences a consolidation of foreign corporations.
C.Â
A transfer tax under this section:
(1)Â
Shall be imposed at the rate of 1% of the consideration
payable for the instrument of writing; and
(2)Â
Does not apply to:
(a)Â
An instrument of writing exempt from the state
transfer tax under § 13-207 of the Tax-Property Article
of the Annotated Code of Maryland;
(b)Â
A transfer of land subject to the agricultural
land transfer tax under Title 13, Subtitle 3 of the Tax-Property Article
of the Annotated Code of Maryland; or
(c)Â
The first $30,000 of consideration payable for
an instrument of writing for residentially-improved, owner-occupied
real property, provided that the instrument of writing is accompanied
by a statement under oath signed by the grantee that the residence
will be occupied by the grantee.
D.Â
The exemption provided under Subsection C(3)(c) of
this Article shall be applied against the grantee's transfer tax payment
required under this section, unless the grantor has agreed by contract
to pay the entire county transfer tax, in which case the exemption
shall be applied against the grantor's transfer tax.
The Treasurer of Harford County shall collect
the transfer tax.
The proceeds of the transfer tax received by the Treasurer under § 123-51 of this Article shall be distributed as follows:
The County Council, by law, may provide for
exemptions from or credits against the transfer tax imposed under
this Article.