HARRY HUGHES, Governor

3179

INCURRED A LIABILITY FOR THE MARYLAND USE TAX ON THE VESSEL PRIOR
TO JULY 1, 1986.

(7) THE POSSESSION OF A VESSEL THAT WAS PURCHASED OR
ACQUIRED PRIOR TO COMING INTO THIS STATE BY A NONRESIDENT OF THIS
STATE AND IS NOT USED PRINCIPALLY ON THE WATERS OF THIS STATE AND
IF THE ISSUANCE OF A TITLE IS NOT SOUGHT.

[(d)] (F) Notwithstanding § 8-723 of this subtitle, the
Department deposits SHALL DEPOSIT $225,000 OF funds from the
[title] EXCISE tax levied under this section with the Comptroller
of the Treasury in the GENERAL FUND, AND THE BALANCE IN EXCESS OF
$225,000 WITH THE COMPTROLLER OF THE TREASURY IN THE Waterway
Improvement Fund to be expended only for the purposes specified.

[(e)] (G) If the Department determines there has been an
overpayment of the [title] tax on a vessel, or an overpayment has
resulted for any other reason, it 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.

8-716.1.

(a)  The dealer shall collect the [title] EXCISE tax for the
Department. For collecting and remitting the tax, a dealer may
keep 1.2 percent of the gross tax he collects. A DEALER MAY NOT
KEEP 1.2 PERCENT OF ANY GROSS TAX AMOUNTS WHICH WERE NOT
FORWARDED TO THE DEPARTMENT WITHIN 30 DAYS OF COLLECTION, UNLESS
A WAIVER HAS BEEN APPROVED BY THE SECRETARY.

(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] EXCISE 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 using a factor developed by surveying the business
of the dealer, including any records available, or by surveying
other taxpayers of the same type or otherwise compute the amount
of tax due. This computation shall be prima facie correct.

(c)  As provided in subsection (b), if the Department
determines the taxable sales and computes the tax due, it shall
levy against the dealer a deficiency assessment consisting of a
penalty of 10 percent, plus interest at a rate of 1.5 percent per
month, or fraction of a month, from the time the tax was due
until paid. All amounts received from any dealer under this
subsection shall be credited first to penalty and interest
accrued and then to tax due.