<?xml version='1.0' encoding='utf-8'?>
<section article="gtp" article_name="Tax - Property" number="13-407" title_number="13" title_name="Transfer Taxes" subtitle_number="4" subtitle_name="County Transfer Taxes -- in General">
  <level label="a">
    <text>In this section, “total rate of tax” means the rate of tax imposed for the agricultural land transfer tax under § 13–303(a) of this title plus the rate of tax for a county transfer tax imposed under this section.</text>
  </level>
  <level label="b">
    <level label="1">
      <text>Unless a greater rate of tax was imposed before July 1, 1979, a county may not impose county transfer tax on a transfer subject to the agricultural land transfer tax under Subtitle 3 of this title at a rate greater than the county rate applicable to the transfer of improved residential property in that county.</text>
    </level>
    <level label="2">
      <text>If a county has imposed a county transfer tax at a rate that exceeds the rate applicable to the transfer of improved residential property, the total rate of tax that applies to a transfer subject to the agricultural land transfer tax may not exceed 5% plus the rate that applies to improved residential property under the county transfer tax.</text>
    </level>
    <level label="3">
      <text>If the total rate of tax that applies to a transfer subject to the agricultural land transfer tax exceeds the maximum rate allowed under paragraph (2) of this subsection:</text>
      <level label="i">
        <text>the agricultural land transfer tax is payable at the rate specified in § 13–303(a) of this title; and</text>
      </level>
      <level label="ii">
        <text>the rate of the county transfer tax shall be reduced as necessary to comply with the 5% limit.</text>
      </level>
    </level>
  </level>
  <level label="c">
    <text>After July 1, 1979, for the transfer of land subject to the agricultural land transfer tax, a county may not:</text>
    <level label="1">
      <text>impose a county transfer tax at a rate above the rate that was in effect on July 1, 1979; or</text>
    </level>
    <level label="2">
      <text>increase the rate of a county transfer tax above the rate that was in effect on July 1, 1979.</text>
    </level>
  </level>
</section>
