1292

LAWS OF MARYLAND

Ch. 203

Section 8-716.1

Annotated Code of Maryland

(1974 Volume and 1980 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That section(s) of the Annotated Code of Maryland
be repealed, amended, or enacted to read as follows:

Article - Natural Resources

8-715.

(a)  Except as provided in subsection [(b)] (D), any
owner of a vessel [principally used] REMAINING on the waters
of the State FOR MORE THAN 60 DAYS and to be numbered shall
apply to the Department for a certificate of title for the
vessel.

8-716.

(b)  Except as provided in subsection (d) of § 8-715
and in subsection (c) of this section, and in addition to
the fees prescribed in subsection (a) of this section, a
title tax is levied on the issuance of every original
certificate of title required for a vessel under this
subtitle, and on the issuance of every subsequent
certificate of title for the sale, resale, or transfer of
the vessel as follows:

(1) The DEALER OR, IF THERE IS NO DEALER, THE
Department shall collect a tax at the rate of 5 percent of
the gross sales price or, if no sale immediately precedes
the application for title, the fair market value of the
vessel for which a certificate of title is applied for and
issued. The Department may require the applicant to submit
TO IT OR THE DEALER satisfactory proof of the vessel's gross
sales price or fair market value in order to establish the
tax due.

8-716.1.

(A)  THE DEALER SHALL COLLECT THE TITLE TAX FOR THE
DEPARTMENT. FOR COLLECTING AND REMITTING THE TAX, A DEALER
MAY KEEP 1.2 PERCENT OF THE GROSS TAX HE COLLECTS.

(B)  IF THE DEPARTMENT FINDS THAT A DEALER HAS
FORWARDED LESS THAN THE AMOUNT OF TAX DUE AND DOES NOT HAVE
ADEQUATE RECORDS OR HAS INCORRECT RECORDS OF SALES OR
RESALES OF NEW OR USED VESSELS AND THAT THE AMOUNT OF TITLE
TAX COLLECTED FOR THE DEPARTMENT ON THESE SALES CANNOT BE
DETERMINED ACCURATELY, THE DEPARTMENT SHALL DETERMINE THE
TAXABLE SALES OF THE DEALER FOR ANY PERIOD INVOLVED AND
COMPUTE THE TAX FROM THE BEST INFORMATION AVAILABLE. THE
COMPUTATION SHALL BE PRIMA FACIE CORRECT. HOWEVER, IF ANY
DEALER FAILS TO KEEP ANY RECORD OF SALES OF VESSELS, THE
DEPARTMENT MAY DETERMINE THE TAX DUE TO THE DEPARTMENT BY