<?xml version='1.0' encoding='utf-8'?>
<section article="gtp" article_name="Tax - Property" number="7-503" title_number="7" title_name="Property Tax Exemptions" subtitle_number="5" subtitle_name="County Exemptions -- Optional; Payments in Lieu of Taxes">
  <level label="a">
    <level label="1">
      <text>In this subsection, “essential service facilities” includes dining halls, community rooms, and infirmaries.</text>
    </level>
    <level label="2">
      <text>Real property that meets the requirements of subsection (b) of this section is not subject to property tax if the owner of the real property is:</text>
      <level label="i">
        <level label="1">
          <level label="A">
            <text>a person who meets the ownership requirements of § 7–202 of this title;</text>
          </level>
        </level>
        <level label="B">
          <text>a nonprofit corporation that is exempt from income tax under § 10–104 of the Tax – General Article;</text>
        </level>
        <level label="C">
          <text>a limited liability company that is wholly owned by a nonprofit corporation that is exempt from income tax under § 10–104(2) of the Tax – General Article; or</text>
        </level>
        <level label="D">
          <text>a nonprofit housing corporation as defined in § 12–104(b) of the Housing and Community Development Article; and</text>
        </level>
        <level label="2">
          <text>engaged solely in constructing, operating, or managing rental housing and other related essential service facilities that:</text>
        </level>
        <level label="A">
          <text>are substantially completed or substantially rehabilitated on and after July 1, 1973, or, in Montgomery County, substantially completed or substantially rehabilitated on and after January 1, 1968;</text>
        </level>
        <level label="B">
          <text>are partially or totally financed under a government program that provides housing for low income families; and</text>
        </level>
        <level label="C">
          <text>are operated on a nonprofit basis with the revenues from the operation of the housing and facilities controlled under the government program in order not to produce any net income; or</text>
        </level>
      </level>
      <level label="ii">
        <level label="1">
          <text>a limited partnership whose managing general partner is:</text>
        </level>
        <level label="A">
          <text>a housing authority as defined in § 12–101 of the Housing and Community Development Article;</text>
        </level>
        <level label="B">
          <text>a nonprofit corporation that is exempt from income tax under § 10–104(2) of the Tax – General Article;</text>
        </level>
        <level label="C">
          <text>a limited liability company that is wholly owned by a nonprofit corporation that is exempt from income tax under § 10–104(2) of the Tax – General Article; or</text>
        </level>
        <level label="D">
          <text>a for profit corporation in which 100% of the stock is owned by a nonprofit corporation that is exempt from income tax under § 10–104(2) of the Tax – General Article; and</text>
        </level>
        <level label="2">
          <text>engaged in the operation, construction, or management of a qualified low income housing project as defined in the Internal Revenue Code.</text>
        </level>
      </level>
    </level>
  </level>
  <level label="b">
    <text>The real property described in subsection (a) of this section may be exempt from property tax only if:</text>
    <level label="1">
      <text>the governing body of the political subdivision where the real property is located approves an agreement between:</text>
      <level label="i">
        <text>the political subdivision and the owner for real property described in subsection (a)(2)(i)1A, B, and C and (a)(2)(ii)1B, C, and D of this section; or</text>
      </level>
      <level label="ii">
        <text>the county and, where applicable, municipal corporation and the owner for real property described in subsection (a)(2)(i)1D and (a)(2)(ii)1A of this section; and</text>
      </level>
    </level>
    <level label="2">
      <text>under the agreement the owner pays the political subdivision or the county and, where applicable, municipal corporation a negotiated amount in lieu of the property tax.</text>
    </level>
  </level>
  <level label="c">
    <level label="1">
      <text>Except as provided under paragraph (2) of this subsection, an agreement under subsection (b) of this section may provide for abating or reducing property tax previously imposed on the real property.</text>
    </level>
    <level label="2">
      <text>For an agreement concerning real property described under subsection (a)(2)(i)1D of this section, the abatement or reduction of property tax previously imposed is from the date during the taxable year when the instrument transferring title to that real property was recorded.</text>
    </level>
  </level>
  <level label="d">
    <level label="1">
      <text>For property described in subsection (a)(2)(i)1 and 2 of this section, any amount negotiated under this section in lieu of the property tax shall be divided between the State and the political subdivision in the ratio that the tax rate of the State, and the political subdivision each bears to the total of the tax rates of the State and the political subdivision.</text>
    </level>
    <level label="2">
      <text>For property described in subsection (a)(2)(i)1D of this section, any amount negotiated under this section in lieu of property tax shall be divided between the county and, where applicable, the municipal corporation in the ratio that the tax rate of the county and municipal corporation each bears to the total of the tax rates of the county and municipal corporation. The payment to the county and, where applicable, the municipal corporation may not exceed an amount equal to property tax imposed on similar property.</text>
    </level>
  </level>
</section>
