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Session Laws, 1976
Volume 734, Page 2279   View pdf image
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MARVIN MANDEL, Governor                            2279

county or Baltimore City adopts such a tax credit
program, the minimum tax credit shall equal 50% of the
assessed value of the dwelling or $4,000, whichever is
the lesser amount, multiplied by the applicable county or
Baltimore City tax rate. In order to qualify for the tax
credit a homeowner shall have not attained the age of 60
as of July 1 of the taxable year for which the credit is
sought; shall receive benefits as a result of a finding
of permanent and total disability under the Social
Security Act, or under the Railroad Retirement Act, or
under the provisions of federal acts for members of the
armed forces of the United States; and shall have a
combined gross income not in excess of $5,000 for the
calendar year immediately preceding the taxable year for
which credit is sought. Application for this tax credit
shall be as provided in § 49C of this article.

(b) As used in this section, the following words
shall have the meanings herein specified:

(1)   "Homeowner" means every person who actually
resides in a dwelling in which such person has a legal
interest, including any life estate, whether as sole
owner, joint tenant in common, or tenant by the
entireties.

(2)  "Gross income" means total gross income from all
sources, including but not limited to gifts, and whether
or not included in the definitions of gross income for
federal or State income tax purposes, but "gross income"
does not include the amount of old age, survivors, or
disability benefits received under the Social Security
Act, as amended, or under the Railroad Retirement Act, as
amended.

(3) "Combined gross income" means the combined gross
income of all homeowners, if more than one, and all
persons actually residing in the same dwelling, except
persons whose contributions, reasonably apportionable
towards the cost of upkeep, maintenance and repair of the
dwelling, are in the form of fixed rental charges.

(4)   "Dwelling" means the dwelling house of one or
more homeowners and the lot or curtilage where the same
is erected, which is used as the principal residence of
such homeowner or homeowners. No dwelling shall be
deemed a principal residence which is not actually
occupied or expected to be actually occupied by such
homeowner or homeowners for more than six months of some
twelve—month period including the date of application for
credit. A homeowner or homeowners may claim credit on
only one such dwelling. The administrative unit or
official administering the program may qualify a
homeowner otherwise eligible for the tax credit if he
does not actually reside in the dwelling the required
time period for reason of illness or need of special
care. When any property which is owned by a person who
is entitled to a tax credit under this section is sold to

 

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Session Laws, 1976
Volume 734, Page 2279   View pdf image
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