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<section number="10-241.04" name="Tax credits for property leased by municipal corporations" law="code" slug="sec-10-241.04" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_10FITA_DIV8TAASLECO_SD6DLEPRTACRUNCO_S10-241.04TACRPRLEMUCO">
  <level label="a">
    <text>In accordance with the provisions of Section 9-225 of the Tax-Property Article, Annotated Code of Maryland, there is a tax credit against the property tax imposed on real property for that portion of the property that is leased, occupied, and used by a municipal corporation and which meets each of the following conditions:</text>
    <level label="1">
      <text>The portion of the property upon which the tax credit is based is leased, occupied, and used exclusively by the municipal corporation.</text>
    </level>
    <level label="2">
      <text>The credit does not apply when the municipal corporation subleases the property, uses the property for any profit-making purpose, or no longer occupies the property.</text>
    </level>
    <level label="3">
      <text>The municipal corporation is contractually liable to the owner for property taxes.</text>
    </level>
    <level label="4">
      <text>The owner of the property eligible for a tax credit pursuant to this Section is contractually obligated to reduce, by the amount of the tax credit, the amount of taxes for which the municipal corporation is otherwise contractually liable.</text>
    </level>
  </level>
  <level label="b">
    <text>The amount of the tax credit shall be the full amount of property tax imposed pursuant to Section 6-202 of the Tax-Property Article, Annotated Code of Maryland, by Prince George's County on that portion of real property leased by a municipal corporation which meets the conditions of this Section. The amount of the tax credit shall not exceed the amount of the tax for which the municipal corporation is contractually liable. Tax credits shall be available on an annual tax year basis.</text>
  </level>
  <level label="c">
    <text>An application for the tax credit shall be submitted to the Supervisor of Assessments and Taxation in Prince George's County and shall be signed under oath by both the owner of the real property and the municipal corporation which is or will become the lessee. A copy of the executed lease between the property owner and the lessee shall be submitted with the application.</text>
    <level label="1">
      <text>Applications for the tax credit shall be submitted to the Supervisor of Assessments and Taxation no later than April 1 prior to the tax year for which the credit is being requested.</text>
    </level>
    <level label="2">
      <text>The Supervisor of Assessments and Taxation will determine the amount of the assessed value attributable to the portion of the property used by the municipal corporation for qualifying purposes.</text>
    </level>
    <level label="3">
      <text>After the Supervisor of Assessments and Taxation has made a determination, the owner, lessee, and the Director of Finance shall be notified of the amount of the assessed value upon which the tax credit will be based.</text>
    </level>
    <level label="4">
      <text>The Director of Finance shall determine the amount of the tax credit and place a credit on the appropriate account.</text>
    </level>
  </level>
  <level label="d">
    <text>The Supervisor of Assessments and Taxation is authorized to develop an application form and establish procedures to administer the tax credit established in this Section.</text>
  </level>
  <level label="e">
    <text>An owner of real property who has applied for the tax credit established in this Section may appeal to the Maryland Tax Court the denial of the tax credit or the determination of the amount of the assessed value upon which the tax credit will be based if notice of the appeal is made within 30 days of the decision of the Supervisor of Assessments and Taxation.</text>
  </level>
  <level label="f">
    <text>Entitlement to the tax credit shall terminate when the municipal corporation no longer occupies the property or when the use of the property no longer meets any of the conditions of this Section. Upon termination of the lease or the cessation of possession by the tenant, the owner shall notify the Supervisor of Assessments and Taxation within thirty (30) days of such event. The Supervisor of Assessments and Taxation shall determine the date that the entitlement has ceased, and the tax credit shall be removed from the property on an pro rata basis.</text>
  </level>
</section>
