2182

LAWS OF MARYLAND

Ch. 622

SETTLEMENT OR DIVORCE DECREE, the tax is [applicable only to
the extent that, value is received or a benefit transferred
other than money or evidence of indebtedness] NOT IMPOSED.

(3) A statement of the amount of the actual
consideration paid or to be paid, if any including the
amount of any mortgage, or deed of trust assumed by the
grantee, or the principal amount of the debt secured, and
incurred, if any, as applicable, shall either be included in
every instrument taxable under this section offered for
record as part of its recitals or as part of the
acknowledgement, or be contained in a separate affidavit
accompanying the instrument, signed under the penalties of
perjury by a party to the instrument or the agent of the
party

278A.

(b) (1) The tax imposed by this section shall be
levied at the rate of .5 percent of the actual consideration
paid or to be paid for the conveyance of title and shall be
collected by the clerks of the circuit courts of the
counties, the clerk of the Superior Court of Baltimore City,
or the Department of Assessments and Taxation

(2)  When any property subject to a mortgage or
deed of trust is transferred to a spouse, former spouse,

son, daughter, or parent PARENT, SON-IN-LAW,

DAUGHTER-IN-LAW, OR PARENT-IN-LAW of the transferor, the tax
is not applicable to the amount of any outstanding mortgage
debt assumed by the transferee. When spouses or former
spouses transfer property to each other [subject to a
separation agreement] AS PART OF A DIVORCE PROPERTY
SETTLEMENT OR DIVORCE DECREE, the tax is [applicable only to
the extent that value is received or benefit transferred
other than money or evidence of indebtedness] NOT IMPOSED.

(3)  A statement of the amount of the actual
consideration paid or to be paid, if any, including the
amount of any mortgage, or deed of trust assumed by the
grantee, shall either be included in every taxable
instrument offered for record as part of its recitals or as
part of the acknowledgement, or be contained in a separate
affidavit accompanying the instrument, signed under the
penalties of perjury by a party to the instrument or the
agent of the party.

278E.

NOTWITHSTANDING ANY OTHER PROVISION OF LAW, NO COUNTY
TRANSFER TAX IS IMPOSED ON A TRANSFER OF PROPERTY BETWEEN
SPOUSES AS PART OF A PROPERTY SETTLEMENT OR DIVORCE DECREE.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act
shall take effect July 1, 1980.