Ch. 501

2004 LAWS OF MARYLAND

2. INCLUDES LAND USED AS A HOMESITE THAT IS PART OF
OR CONTIGUOUS TO A PARCEL DESCRIBED IN ITEM 1. OF THIS ITEM;

(II)     OWNS PERSONAL PROPERTY USED TO OPERATE THE
AGRICULTURAL LAND; AND

(III)   OWNS NO OTHER PROPERTY.

(7) "ACTIVE MEMBER" MEANS A MEMBER OF A LIMITED LIABILITY
COMPANY WHO HAS OR SHARES THE AUTHORITY TO MANAGE, CONTROL, AND
OPERATE THE LIMITED LIABILITY COMPANY AND WHO SHARES THE ASSETS AND
EARNINGS OF THE LIMITED LIABILITY COMPANY UNDER AN OPERATING
AGREEMENT UNDER § 4A-402 OF THE CORPORATIONS AND ASSOCIATIONS ARTICLE.

(c) (1) If a dwelling is not used primarily for residential purposes, the
Department shall apportion the total property assessment between the part of the
dwelling that is used for residential purposes and the part of the dwelling that is not
used for residential purposes.

(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)      (I) FOR A HOMEOWNER WHO IS AN ACTIVE MEMBER OF AN
AGRICULTURAL LIMITED LIABILITY COMPANY TO QUALIFY FOR THE PROPERTY TAX
CREDIT UNDER THIS SECTION:

1.       THE DWELLING MUST HAVE BEEN OWNED AND OCCUPIED
BY THE RESIDENT ACTIVE MEMBER:

A.       AT THE TIME OF ITS TRANSFER TO THE AGRICULTURAL
LIMITED LIABILITY COMPANY; OR

B.       IF THE DWELLING WAS ORIGINALLY TRANSFERRED TO
THE AGRICULTURAL LIMITED LIABILITY COMPANY 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 COMPANY AND
THE RESIDENT 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 COMPANY.

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