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<baltimore-city-law heading="§ 10-5 Newly constructed dwellings.">
  <section prefix="§" num="10-5" heading="Newly constructed dwellings.">
    <para num="(a)" heading="Definitions.">In this section, “newly constructed dwelling” and “owner”have the meanings stated in &lt;cite data-doc="Md. Code" data-path="gtp|9-304"&gt;State Tax-Property Article § 9-304(d)&lt;/cite&gt;.</para>
    <para num="(b)" heading="Credit granted.">There is established a property tax credit, as authorized in &lt;cite data-doc="Md. Code" data-path="gtp|9-304"&gt;State Tax-Property Article § 9-304(d), &lt;/cite&gt;against the property tax imposed on newly constructed dwellings that are owned by qualifying owners.</para>
    <para num="(c)" heading="Qualifications.">The owner of a newly constructed dwelling may qualify for the tax credit authorized by this section by:<para num="(1)">purchasing a newly constructed dwelling;</para>
      <para num="(2)">occupying that dwelling as his or her principal residence;</para>
      <para num="(3)">filing an application for the credit either:<para num="(i)">within 90 days after settling on the purchase of the dwelling; or</para>
        <para num="(ii)">within 90 days after the owner first receives an assessment on the building;</para>
      </para>
      <para num="(4)">for each taxable year for which the credit is sought, filing a state income tax return as a resident of Baltimore City; and</para>
      <para num="(5)">satisfying all other conditions imposed by the regulations of the Director of Finance.</para>
    </para>
    <para num="(d)" heading="Amount of credit.">A property tax credit granted under this section may not exceed the amount of property tax imposed on the real property, less the amount on any other credit applicable in that year, multiplied by:<para num="(1)">50% for the 1&lt;sup&gt;st&lt;/sup&gt; taxable year in which the property qualifies for the tax credit;</para>
      <para num="(2)">40% for the 2&lt;sup&gt;nd&lt;/sup&gt; taxable year in which the property qualifies for the tax credit;</para>
      <para num="(3)">30% for the 3&lt;sup&gt;rd&lt;/sup&gt; taxable year in which the property qualifies for the tax credit;</para>
      <para num="(4)">20% for the 4&lt;sup&gt;th&lt;/sup&gt; taxable year in which the property qualifies for the tax credit;</para>
      <para num="(5)">10% for the 5&lt;sup&gt;th&lt;/sup&gt; taxable year in which the property qualifies for the tax credit; and</para>
      <para num="(6)">0% for each taxable year thereafter.</para>
    </para>
    <para num="(e)" heading="Rules and regulations.">
      <para num="(1)">Subject to the approval of the Board of Estimates, and subject to Title 4 {“Administrative Procedure Act – Regulations”} of the &lt;cite data-path="|general"&gt;City General Provisions Article&lt;/cite&gt;, the Director of Finance shall adopt regulations to carry out the provisions of this section.</para>
      <para num="(2)">These regulations:<para num="(i)">shall include procedures necessary and appropriate for the submission of an application for and the granting of a property tax credit under this section; and</para>
        <para num="(ii)">may include procedures for granting partial credits for eligibility for less than a full taxable year.</para>
      </para>
    </para>
    <para num="(f)" heading="Reporting credits.">The estimated amount of all tax credits received by owners under this section in any fiscal year:<para num="(1)">shall be reported by the Director of Finance of Baltimore City as a “tax expenditure” for that fiscal year; and</para>
      <para num="(2)">shall be included in the publication of the City’s budget for any subsequent fiscal year with the estimated or actual City property tax revenue for the applicable fiscal year.</para>
    </para>
    <para num="(g)" heading="Program analysis.">
      <para num="(1)">The Director of Finance shall develop by January 1, 1996, a method, which shall be approved by the Board of Estimates, for analysis of the public costs and benefits of the tax credits.</para>
      <para num="(2)">The method will include development of baseline data to include new residential construction, new housing tenure, and net migration trends in the City.</para>
      <para num="(3)">Measurement of the public costs and benefits of the tax credit will be made against baseline data and will include credit and administrative costs and estimates of benefits from property, income, and transfer tax revenues.</para>
    </para>
    <para num="(h)" heading="Annual report of analysis.">The Director of Finance shall report annually to the Board of Estimates and to the Mayor and City Council the results and findings of that analysis, including the steps taken and proposed to be taken to promote and otherwise further the use of the tax credit program.</para>
    <para num="(i)" heading="Termination of program.">
      <para num="(1)">After June 30, 2019, additional owners of newly constructed dwellings may not be granted a credit under this section.</para>
      <para num="(2)">This subsection does not apply to an owner’s continuing receipt of a credit as allowed in subsection (d) with respect to a property for which a tax credit under this section was received for a taxable year ending on or before June 30, 2019.</para>
    </para>
    <annotation type="Prior Codifications">City Code, 1976/83, art. 28, §75D</annotation>
    <annotation type="History">Ord. 95-464</annotation>
    <annotation type="History">Ord. 98-283</annotation>
    <annotation type="History">Ord. 00-097</annotation>
    <annotation type="History">Ord. 02-400</annotation>
    <annotation type="History">Ord. 05-057</annotation>
    <annotation type="History">Ord. 07-441</annotation>
    <annotation type="History">Ord. 09-197</annotation>
    <annotation type="History">Ord. 14-260</annotation>
    <annotation type="History">Text Conformed 02/25/21</annotation>
    <annotation type="Editor's Notes">By authority of Ordinance 20-431, Section 5, the Director of Legislative Reference, in consultation with the Law Department, has conformed this section to refer expressly to and reflect the requirements of the recently-enacted Administrative Procedure Act that, effective January 15, 2021, governs the proposal, adoption, and publication of administrative rules and regulations.</annotation>
  </section>
</baltimore-city-law>
