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Session Laws, 1939
Volume 581, Page 464   View pdf image (33K)
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464 LAWS OF MARYLAND. [CH. 277

Supplement) Title "Revenue and Taxes", sub-title "Tax on
the Recordation of Instruments in Writing", as the same were
enacted by Chapter 11 of the Acts of the Special Session of
1937, be, and the same are hereby repealed and re-enacted
with amendments so as to read as follows:

213. A tax is hereby imposed upon every instrument of
writing conveying title to real or personal property, or creat-
ing liens or incumbrances upon real or personal property,
offered for record and recorded in this State with the Clerks
of the Circuit Courts of the respective counties, or the Clerk
of the Superior Court of Baltimore City. The term "instru-
ments of writing" shall include deeds, mortgages, chattel
mortgages, bills of sale, leases, deeds of trust, contracts and
agreements, but shall not include mechanics liens, crop liens,
purchase money mortgages, assignments of mortgages, condi-
tional sales contracts, judgments, releases or orders of satis-
faction.

In the case of instruments conveying title to property, the
tax shall be at the rate of 10c for each f 100. of the actual con-
sideration paid or to be paid; in the case of instruments
securing a debt, the tax shall be at the rate of 10c for each
$100 of the principal amount of the debt secured. In addition
to the tax imposed, the Clerks shall collect a charge of 50e for
each instrument offered for record and recorded, upon which
a tax is payable hereunder.

In the case of deeds conveying property lying partly within
and partly without the State, the tax shall apply only to such
proportion of the consideration paid or to be paid as the value
of the property within this State bears to the value of the
whole property conveyed.

Upon deeds of trust or mortgages conveying property lying
partly within and partly without the State, the tax shall apply
only to such proportion of the debt secured as the value of the
property within this State bears to the value of the whole
property conveyed.

Upon deeds of trust, mortgages, contracts or agreements
covering the rolling stock or equipment of railroads (whether
the title is reserved in the vendor or not), the tax shall apply
to such proportion of the debt secured as the number of miles
of the line of such railroad in this State bears to the number
of miles of line of the whole railroad.

In the case of a lease creating a perpetually renewable
ground rent, the tax shall be based upon the capitalization at
6% of the annual ground rent, plus the actual consideration,
other than the ground rent, paid or to be paid.

In the case of a lease for a term of years, not perpetually
renewable, the tax shall be based upon the capitalization at


 

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Session Laws, 1939
Volume 581, Page 464   View pdf image (33K)
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