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S.B. 277 VETOES
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assessment of the total property for the current taxable year under certain
circumstances, regardless of the homeowner's actual occupancy of the dwelling
may not be diminished, subject to certain exceptions; providing for the
calculation of the homestead credit associated with the initial taxable
assessment of certain improvements; providing for the retroactive application of
this Act; providing for certain refunds under certain circumstances; and
generally relating to the homestead property tax credit.
BY adding to repealing and reenacting, with amendments,
Article - Tax - Property
Section 9-105(1) 9-105(c)
Annotated Code of Maryland
(2001 Replacement Volume and 2005 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:
Article - Tax - Property
9-105.
(L) (1) THIS SUBSECTION APPLIES ONLY IF;
(I) A HOMEOWNER HAS HELD A LEGAL INTEREST IN A DWELLING
FOR AT LEAST THE 3 FULL PREVIOUS TAX YEARS; AND
(II) THE DWELLING WAS ELIGIBLE FOR A CREDIT UNDER THIS
SECTION FOR THE PREVIOUS TAXABLE YEAR
(2) IF DURING THE PREVIOUS TAXABLE YEAR A DWELLING ON
PROPERTY WAS RAZED BY THE HOMEOWNER FOR THE PURPOSE OF REPLACING IT
WITH A NEW DWELLING OR WAS VACATED BY THE HOMEOWNER FOR THE PURPOSE
OF MAKING SUBSTANTIAL IMPROVEMENTS TO THE PROPERTY, THE FULL BENEFIT
OF THE CREDIT RECEIVED UNDER THIS SECTION IN THE PREVIOUS TAXABLE YEAR
SHALL BE REFLECTED IN THE TAXABLE ASSESSMENT OF THE TOTAL PROPERTY,
INCLUDING ANY NEW IMPROVEMENTS, FOR THE CURRENT TAXABLE YEAR,
REGARDLESS OF THE HOMEOWNER'S ACTUAL OCCUPANCY OF THE DWELLING.
(3) THE ASSESSMENT CALCULATED UNDER THIS SUBSECTION MAY NOT
BE LESS THAN ZERO.
(c) (1) If a dwelling is not used primarily for residential purposes, the
Department shall apportion the total property assessment between the part of the
dwelling that is used for residential purposes and the part of the dwelling that is not
used for residential purposes.
(2) If a homeowner does not actually reside in a dwelling for the required
time period because of illness or need of special care and is otherwise eligible for a
property tax credit under this section, the homeowner may qualify for the property
tax credit under this section.
(3) If a homeowner otherwise eligible for a credit under this section does
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