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<baltimore-city-law heading="§ 17-5 Taxable basis.">
  <section prefix="§" num="17-5" heading="Taxable basis.">
    <para num="(a)" heading="“Taxable basis” defined.">Except as otherwise provided in this section, “taxable basis” means the cash consideration and the value of any other consideration paid or agreed to be paid for the property transferred, including the amount of any liens or encumbrances on the property other than current property taxes and other municipal charges.</para>
    <para num="(b)" heading="Documentation.">
      <para num="(1)">The cash consideration plus the value of any other consideration paid or agreed to be paid for the property, including the amount of liens or encumbrances on the property, shall be stated in a written affidavit, made on personal knowledge of the affiant and under penalties of perjury, on forms to be furnished by the Director of Finance.</para>
      <para num="(2)">The Director of Finance may not accept the affidavit unless it is accompanied by written proof of the purchase price for the property.  This proof shall include a copy of the settlement sheet, contract of sale, or other document the Director of Finance finds adequate.</para>
      <para num="(3)">The affidavit and accompanying documents shall be filed with the Director of Finance at the time that the tax is paid.</para>
    </para>
    <para num="(c)" heading="Consideration other than cash, etc. – In general.">If any part of the consideration paid or agreed to be paid for the property consists of anything other than (i) cash paid or agreed to be paid or (ii) the amount of liens or encumbrances on the property,“taxable basis” means the greater of:<para num="(1)">the consideration stated in accordance with subsections (a) and (b) of this section; or</para>
      <para num="(2)">the full cash value of the property, as most recently determined by the State Department of Assessments and Taxation.</para>
    </para>
    <para num="(d)" heading="Consideration other than cash, etc. – Transfer of ground rent.">For a transfer of a perpetually renewable ground rent, if any part of the consideration paid or agreed to be paid consists of anything other than (i) cash paid or agreed to be paid or (ii) the amount of liens or encumbrances, “taxable basis” means the greater of:<para num="(1)">the consideration stated in accordance with subsections (a) and (b) of this section; or</para>
      <para num="(2)">either:<para num="(i)">the redemption value of the ground rent, if redeemable; or</para>
        <para num="(ii)">if irredeemable, the capitalization at 5% of the ground rent.</para>
      </para>
    </para>
    <para num="(e)" heading="Leases not perpetually renewable.">
      <para num="(1)">For a lease for a term above 7 years, not perpetually renewable,“taxable basis” means the capitalization at 10% of the average annual base rental for the property over the entire term of the lease, including all renewal terms, plus the cash consideration and the value of any other consideration paid or agreed to be paid, other than the base rent.</para>
      <para num="(2)">If the average annual rental cannot be determined at the time of recording the lease or the attornment agreement, memorandum of lease, assignment of lease, or other instrument intended to give notice of the lease, or if any part of the consideration paid or agreed to be paid for the rental of the property consists of anything other than cash paid or agreed to be paid, the value of which cannot be readily determined, then in either case:<para num="(i)">the stipulated cash base rental (excluding indeterminable items of every kind, such as percentage of sales, taxes, maintenance, and repair costs and utilities) shall be used as the basis for tax computation; and</para>
        <para num="(ii)">“taxable basis” means the greater of:<para num="(A)">the minimum average annual rental ascertainable from the terms of the lease, plus 5% of the minimum average annual rental, the whole to be capitalized at 10%, plus any consideration paid or agreed to be paid, other than rent; or</para>
          <para num="(B)">the full cash value of the property, as most recently determined by the State Department of Assessments and Taxation.</para>
        </para>
      </para>
    </para>
    <annotation type="Prior Codifications">City Code, 1966, art. 28, §122(b)</annotation>
    <annotation type="Prior Codifications">1976/83, art. 28, §68(b)</annotation>
    <annotation type="History">Ord. 63-048</annotation>
    <annotation type="History">Ord. 66-792</annotation>
    <annotation type="History">Ord. 67-926</annotation>
    <annotation type="History">Ord. 67-992</annotation>
    <annotation type="History">Ord. 67-1052</annotation>
    <annotation type="History">Ord. 67-1102</annotation>
    <annotation type="History">Ord. 69-511</annotation>
    <annotation type="History">Ord. 72-089</annotation>
    <annotation type="History">Ord. 75-807</annotation>
    <annotation type="History">Ord. 76-141</annotation>
    <annotation type="History">Ord. 76-151</annotation>
    <annotation type="History">Ord. 81-367</annotation>
    <annotation type="History">Ord. 04-694</annotation>
  </section>
</baltimore-city-law>
