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ROBERT L. EHRLICH, JR., Governor Ch. 169
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(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
not actually reside in a dwelling for the required time period because the dwelling is
damaged due to an accident or natural disaster, the homeowner may continue to
qualify for a credit under this section for the current taxable year and 2 succeeding
taxable years even if the dwelling has been removed from the assessment roll in
accordance with § 10-304 of this article.
(4) (i) For a homeowner who is an active member of an agricultural
limited liability entity to qualify for the property tax credit under this section:
1. the dwelling must have been owned and occupied by the
active member:
A. at the time of its transfer to the agricultural limited
liability entity; or
B. if the agricultural limited liability entity is a limited
liability company and the dwelling was originally transferred to the agricultural
limited liability entity as part of a conversion from a partnership under § 4A-211 of
the Corporations and Associations Article, then at the time of its transfer to the
former partnership; and
2. the agricultural limited liability entity and the active
member who occupies the dwelling must file an application with the Department
establishing initial eligibility for the credit on or before June 30 for the following
taxable year and, at the request of the Department, must file an application in any
future year to verify continued eligibility.
(ii) Failure to file a timely application may result in
disqualification from the Homestead Tax Credit Program for the following taxable
year.
(iii) The credit may only be granted to one dwelling owned by the
agricultural limited liability entity.
(iv) Participation in the credit program as the active member of an
agricultural limited liability entity disqualifies any other dwellings owned by the
active member for the credit.
(5) (I) THIS PARAGRAPH APPLIES ONLY IF THE HOMEOWNER OWNED
AND OCCUPIED A DWELLING ON THE SUBJECT PROPERTY AS THE HOMEOWNER'S
PRINCIPAL RESIDENCE FOR AT LEAST THE 3 TAX YEARS IMMEDIATELY PRECEDING
THE RAZING OF THE DWELLING OR THE COMMENCEMENT OF SUBSTANTIAL
IMPROVEMENTS ON THE PROPERTY.
(II) IF A HOMEOWNER OTHERWISE ELIGIBLE FOR A CREDIT UNDER
THIS SECTION DOES NOT ACTUALLY RESIDE IN A DWELLING ON THE SUBJECT
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