Ch. 203                                    2003 LAWS OF MARYLAND

(B) IN EVERY DEED OR OTHER INSTRUMENT OF WRITING THAT EFFECTS A
CHANGE OF OWNERSHIP ON THE ASSESSMENT BOOKS UNDER THE TAX - PROPERTY
ARTICLE, THE TOTAL PAYMENT SHALL BE DESCRIBED IN:

(1) THE RECITALS OR THE ACKNOWLEDGMENT OF THE DEED OR OTHER
INSTRUMENT; OR

(2) AN AFFIDAVIT UNDER OATH THAT ACCOMPANIES THE DEED OR
OTHER INSTRUMENT AND THAT IS SIGNED BY THE TRANSFEROR OF THE PROPERTY
OR BY AN AGENT OF THE TRANSFEROR

(C) EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, IN A SALE OR
EXCHANGE OF REAL PROPERTY AND ASSOCIATED TANGIBLE PERSONAL PROPERTY
OWNED BY A NONRESIDENT OR NONRESIDENT ENTITY, THE DEED OR OTHER
INSTRUMENT OF WRITING THAT EFFECTS A CHANGE OF OWNERSHIP ON THE
ASSESSMENT BOOKS UNDER THE TAX - PROPERTY ARTICLE MAY NOT BE RECORDED
WITH THE CLERK OF THE CIRCUIT COURT FOR A COUNTY OR FILED WITH THE
DEPARTMENT OF ASSESSMENTS AND TAXATION UNLESS PAYMENT IS MADE TO THE
CLERK OF THE CIRCUIT COURT FOR A COUNTY OR THE DEPARTMENT OF
ASSESSMENTS AND TAXATION IN AN AMOUNT EQUAL TO:

(1) 4.75% OF THE TOTAL PAYMENT TO A NONRESIDENT; OR

(2) 7% OF THE TOTAL PAYMENT TO A NONRESIDENT ENTITY.

(D) SUBSECTION (C) OF THIS SECTION DOES NOT APPLY WHEN:

(1) A CERTIFICATION UNDER PENALTIES OF PERJURY THAT THE
TRANSFEROR IS A RESIDENT OF THE STATE OR IS A RESIDENT ENTITY IS PROVIDED
BY EACH TRANSFEROR IN:

(I) THE RECITALS OR THE ACKNOWLEDGMENT OF THE DEED OR
OTHER INSTRUMENT OF WRITING TRANSFERRING THE PROPERTY TO THE
TRANSFEREE; OR

(II) AN AFFIDAVIT SIGNED BY THE TRANSFEROR OR BY AN AGENT
OF THE TRANSFEROR THAT ACCOMPANIES AND IS RECORDED WITH THE DEED OR
OTHER INSTRUMENT OF WRITING TRANSFERRING THE PROPERTY;

(2) THE TRANSFEROR PRESENTS TO THE CLERK OF THE CIRCUIT
COURT FOR A COUNTY OR THE DEPARTMENT OF ASSESSMENTS AND TAXATION A
CERTIFICATE ISSUED BY THE COMPTROLLER STATING THAT:

(I) NO TAX IS DUE FROM THAT TRANSFEROR IN CONNECTION
WITH THAT SALE OR EXCHANGE OF PROPERTY;

(II) A REDUCED AMOUNT OF TAX IS DUE FROM THAT TRANSFEROR
IN CONNECTION WITH THAT SALE OR EXCHANGE OF PROPERTY AND STATING THE
REDUCED AMOUNT THAT SHOULD BE COLLECTED BY THE CLERK OF THE CIRCUIT
COURT FOR A COUNTY OR THE DEPARTMENT OF ASSESSMENTS AND TAXATION
BEFORE RECORDATION OR FILING; OR

- 1832 -