HARRY HUGHES, Governor

479

reference to the land being "valued" is deleted as
included in the reference to the land being
"assessed".

In subsection (b)(2)(i) of this section, the reference
to the value of improvements "on the most recent date
of finality" is substituted for the former reference
to the value of improvements "as of the date of
transfer" to conform this provision to assessments
under the triennial system. The General Assembly may
wish to consider this substitution.

Defined terms: "Agricultural land" § 13-301
"Agricultural land transfer tax" § 13-301
"Assess" § 1-101 "Date of finality" § 1-101
"Instrument of writing" § 13-101
"Supervisor" § 1-101 "Total value" § 13-301

13-305. EXEMPTIONS FROM TAX.

(A)  NONAGRICULTURAL USE.

AN INSTRUMENT OF WRITING IS NOT SUBJECT TO THE AGRICULTURAL
LAND TRANSFER TAX, IF PROPERTY TAX ON THE LAND HAS BEEN PAID FOR
5 FULL CONSECUTIVE TAXABLE YEARS BEFORE THE TRANSFER ON THE BASIS
OF AN ASSESSMENT OTHER THAN THE FARM OR AGRICULTURAL USE
ASSESSMENT UNDER § 8-209 OF THIS ARTICLE.

(B)  RESIDENTIAL USE.

IF THE AMOUNT OF AGRICULTURAL LAND TRANSFERRED IS NOT
GREATER THAN THE APPLICABLE RESIDENTIAL MINIMUM ZONING SIZE IN
EFFECT AT THE TIME OF TRANSFER, AN INSTRUMENT OF WRITING FOR THE
RESIDENTIAL USE OF THE OWNER OF THE AGRICULTURAL LAND OR THE
OWNER'S IMMEDIATE FAMILY IS NOT SUBJECT TO THE AGRICULTURAL LAND
TRANSFER TAX.

(C)  DECLARATION OF INTENT TO FARM -- 20 OR MORE ACRES OF
LAND.

(1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS
SUBSECTION, AN INSTRUMENT OF WRITING THAT TRANSFERS TITLE TO 20
ACRES OR MORE OF AGRICULTURAL LAND THAT IS ELIGIBLE FOR FARM OR
AGRICULTURAL USE ASSESSMENT UNDER § 8-209 OF THIS ARTICLE IS NOT
SUBJECT TO THE AGRICULTURAL LAND TRANSFER TAX IF THE TRANSFEREE:

(I) FILES' WITH THE SUPERVISOR BEFORE THE
TRANSFER A DECLARATION OF INTENT TO FARM THE AGRICULTURAL LAND
THAT SPECIFIES THAT THE TRANSFERRED AGRICULTURAL LAND WILL REMAIN
IN FARM OR AGRICULTURAL USE FOR AT LEAST 5 FULL CONSECUTIVE
TAXABLE YEARS; AND

(II) APPLIES FOR FARM OR AGRICULTURAL USE
ASSESSMENT UNDER § 8-209 OF THIS ARTICLE FOR THE LAND THAT IS
TRANSFERRED.