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Session Laws, 1985
Volume 760, Page 477   View pdf image
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HARRY HUGHES, Governor

477

AGRICULTURAL LAND, 5%;

(2)  EXCEPT AS PROVIDED IN ITEM (3) OF THIS
SUBSECTION, FOR A TRANSFER OF LESS THAN 20 ACRES OF AGRICULTURAL
LAND ASSESSED FOR AGRICULTURAL USE OR AS UNIMPROVED AGRICULTURAL
LAND, 4%; OR

(3)  FOR A TRANSFER OF LESS THAN 20 ACRES OF
AGRICULTURAL LAND ASSESSED AS IMPROVED AGRICULTURAL LAND OR
AGRICULTURAL LAND WITH SITE IMPROVEMENTS, 3%.

(B)  TRANSFERS SUBJECT TO MORE THAN A SINGLE RATE.

IF AN INSTRUMENT OF WRITING IS SUBJECT TO DIFFERENT RATES OF
AGRICULTURAL LAND TRANSFER TAX UNDER SUBSECTION (A) OF THIS
SECTION, THE TOTAL AGRICULTURAL LAND TRANSFER TAX DUE IS COMPUTED
SEPARATELY FOR EACH PARCEL PORTION OF AGRICULTURAL LAND TO WHICH
A DIFFERENT RATE APPLIES.

(C)  REDUCTION IN RATE.

EXCEPT AS PROVIDED BY § 13-305(C)(2) OF THIS SUBTITLE, THE
AGRICULTURAL LAND TRANSFER TAX DETERMINED UNDER SUBSECTIONS (A)
OR (B) OF THIS SECTION IS REDUCED BY 25% FOR EACH CONSECUTIVE
FULL TAXABLE YEAR BEFORE A TRANSFER IN WHICH PROPERTY TAX ON THE
AGRICULTURAL LAND WAS PAID ON THE BASIS OF ANY ASSESSMENT OTHER
THAN THE FARM OR AGRICULTURAL USE ASSESSMENT UNDER § 8-209 OF
THIS ARTICLE.

REVISOR'S NOTE: This section is new language derived
without substantive change from former Art. 81, §
278F(b) and (e).

In subsection (a)(2) of this section, the defined term
"agricultural land" is substituted for the former
reference to "parcel ... assessed on the basis of its
agricultural use", for clarity.

In subsection (c) of this section, the reference to
the exception "as provided by § 13-105(c)(2) of this
subtitle" is added to recognize the reduction that is
applicable to agricultural land subject to
declarations of intent to farm.

Also in subsection (c) of this section, the reference
to the taxable year "before a transfer" is added for
clarity.

Also in subsection (c) of this section, the phrase
"any assessment other than the farm or agricultural
use assessment" is substituted for the former phrase
"a nonagricultural use assessment", for clarity.

Defined terms: "Agricultural land" § 13-301
"Agricultural land transfer tax" § 13-301

 

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Session Laws, 1985
Volume 760, Page 477   View pdf image
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