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ROBERT L. EHRLICH, JR., Governor
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Ch. 73
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(i) If the rate of the tax paid to the other jurisdiction is not less
than the rate under subsection (c) of this section, the tax imposed under subsection (c)
of this section does not apply to possession of the vessel within the State;
(ii) If the rate of the tax paid to the other jurisdiction is less than
the rate under subsection (c) of this section, the rate of the tax imposed under
subsection (c) of this section on possession of the vessel within the State is the
difference between the tax rate paid to the other jurisdiction and the rate under
subsection (c) of this section; and
(iii) The Department may require the taxpayer to submit
satisfactory proof of the payment of a tax to another jurisdiction and the rate of tax
paid and, where applicable, evidence of principal use of a federally documented vessel
in another jurisdiction.
(3) This subsection is applicable to any vessel incurring a liability for
Maryland boat excise tax on or after July 1, 1986.
(g) (1) A person may claim a credit against any tax imposed under
subsection (c) of this section on a vessel for sales tax the person has paid to the State,
to another state, or to the District of Columbia on materials and equipment that are
incorporated into the vessel, if:
(i) 1. The person is licensed by the Department to catch, for
commercial purposes, finfish, eels, crabs, conch, terrapin, soft-shell clams, hard-shell
clams, oysters, or any other fish; and
2. The vessel is to be used for any of the commercial fishing
purposes described in item 1 of this item; or
(ii) 1. Was licensed as a commercial fishing guide under the
provisions of § 4—210 of this article; and
2. Used the vessel as a charter boat with a license as
provided in § 4-745(d)(2) of this article.
(2) The Department may require a person claiming the credit allowed
under this subsection to submit satisfactory proof of payment of the sales tax and that
the materials or equipment have been incorporated into the vessel.
(h) If the Department determines there has been an overpayment of the tax on
a vessel, or an overpayment has resulted for any other reason, the Department may
submit the overpayment and supporting data whether accompanied by a written
claim or not to the State Comptroller for refund to the appropriate person.
(i) (1) For purposes of subsection (a)(4) of this section, a vessel is deemed to
be held for maintenance, repair, or commissioning if:
(i) The maintenance, repair, or commissioning work is provided in
exchange for compensation;
(ii) The maintenance, repair, or commissioning work is performed
pursuant to a schedule preestablished with one or more marine contractors; and
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