WILLIAM DONALD SCHAEFER, Governor

Ch. 2

Defined terms: "Inheritance tax" § 1-101
"Person" § 1-101 "Property" § 1-101
"Property that passes from a decedent" § 7-201

7-221. PAYMENT ON DISQUALIFICATION OF SPECIALLY VALUED PROPERTY;
CERTIFICATE OF NONDISQUALIFICATION.

(A)  DISQUALIFICATION.

(1)  IF, WITHIN 15 YEARS AFTER THE DATE OF A
DECEDENT'S DEATH, PROPERTY VALUED UNDER § 7-211 OF THIS SUBTITLE
IS DISQUALIFIED FOR THE SPECIAL VALUATION, ADDITIONAL INHERITANCE
TAX IS DUE IN THE AMOUNT OF THE DIFFERENCE BETWEEN THE
INHERITANCE TAX PAID AND THE INHERITANCE TAX THAT WOULD HAVE
BEEN PAID IF THE ELECTION UNDER § 7-211 OF THIS SUBTITLE HAD NOT
BEEN MADE.

(2)  PROPERTY IS DISQUALIFIED FOR THE SPECIAL
VALUATION UNDER § 7-211 OF THIS SUBTITLE, IF:

(I)  THE PROPERTY QUALIFIED FOR VALUATION AS
NATIONAL REGISTER PROPERTY AND IS REMOVED FROM THE NATIONAL
REGISTER OF HISTORIC PLACES; OR

(II)  THE PROPERTY QUALIFIED FOR VALUATION AS
FARMLAND OR WOODLAND AND CEASES TO QUALIFY FOR FARMLAND OR
WOODLAND ASSESSMENT UNDER § 8-209 OR § 8-211 OF THE TAX -
PROPERTY ARTICLE.

(3)  THE DEPARTMENT OR THE MARYLAND HISTORICAL TRUST
SHALL REPORT TO THE COMPTROLLER AND THE REGISTER ANY EVENT THAT
CAUSES PROPERTY TO BE DISQUALIFIED FOR SPECIAL VALUATION.

(B)  CERTIFICATE OF NONDISQUALIFICATION -- APPLICATION FOR.

(1)  THE PROPERTY OWNER MAY SUBMIT TO THE APPROPRIATE
REGISTER AN APPLICATION FOR A CERTIFICATE THAT A DISQUALIFYING
EVENT HAS NOT OCCURRED BEFORE A DATE THAT IS STATED IN THE
CERTIFICATE.

(2)  THE APPLICATION SHALL:

(I)  BE MADE ON THE FORM AND IN THE MANNER THAT
THE COMPTROLLER REQUIRES; AND

(II)  INCLUDE APPROPRIATE CERTIFICATIONS OF THE
PROPERTY OWNER.

(C)  SAME -- INQUIRIES ABOUT.

(1) AFTER RECEIVING THE APPLICATION, THE REGISTER
SHALL INQUIRE ABOUT THE PROPERTY WITH:

(I) THE DEPARTMENT, FOR FARMLAND OR WOODLAND
PROPERTY; OR

- 167 -