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<subtitle article="gtp" title_number="9" subtitle_number="1" title_name="Property Tax Credits and Property Tax Relief" subtitle_name="Statewide Mandatory">
  <section article="gtp" article_name="Tax - Property" number="9-101" title_number="9" title_name="Property Tax Credits and Property Tax Relief" subtitle_number="1" subtitle_name="Statewide Mandatory">
    <level label="a">
      <level label="1">
        <text>In this section the following words have the meanings indicated.</text>
      </level>
      <level label="2">
        <text>“Homeowner” means an individual who:</text>
        <level label="i">
          <text>received a property tax credit under a repealed law;</text>
        </level>
        <level label="ii">
          <text>continues to have a legal interest in the dwelling for which a property tax credit under a repealed law was granted; and</text>
        </level>
        <level label="iii">
          <text>in any given year would qualify for a property tax credit under a repealed law.</text>
        </level>
      </level>
      <level label="3">
        <text>“Repealed law” means a repealed law that:</text>
        <level label="i">
          <text>in the taxable year 1974-1975 granted a tax credit to elderly or disabled individuals; or</text>
        </level>
        <level label="ii">
          <text>in the taxable year 1975-1976 granted a property tax credit to disabled individuals.</text>
        </level>
      </level>
    </level>
    <level label="b">
      <text>It is the intent of the General Assembly that all homeowners who received a property tax credit under a repealed law shall continue to receive benefits identical to the benefits under the repealed law in order not to cause a financial loss to any homeowner who would receive lesser benefits under § 9-104 of this subtitle.</text>
    </level>
    <level label="c">
      <level label="1">
        <text>A homeowner is eligible for the full benefits identical to the benefits of the repealed law in any taxable year that the homeowner meets the requirements of the repealed law.</text>
      </level>
      <level label="2">
        <text>If in any succeeding taxable year a homeowner fails to qualify under the repealed law, the homeowner shall be granted a property tax credit under the repealed law in the next taxable year that the homeowner qualifies.</text>
      </level>
    </level>
    <level label="d">
      <text>The property tax credit of a homeowner shall be calculated under:</text>
      <level label="1">
        <text>a repealed law; and</text>
      </level>
      <level label="2">
        <text>§ 9-104 of this subtitle.</text>
      </level>
    </level>
    <level label="e">
      <text>A homeowner shall receive a property tax credit under this section equal to the greater of the 2 amounts calculated under subsection (d) of this section.</text>
    </level>
    <level label="f">
      <text>If a surviving spouse of a homeowner has not remarried and meets the qualifications of the repealed law except for age or disability, the property tax credit under this section is available to the unmarried surviving spouse.</text>
    </level>
    <level label="g">
      <text>Each county or municipal corporation is responsible for the cost of any property tax credit granted under this section to a homeowner that exceeds the cost the State is required to pay under § 9-104 of this subtitle.</text>
    </level>
  </section>
  <section article="gtp" article_name="Tax - Property" number="9-102" title_number="9" title_name="Property Tax Credits and Property Tax Relief" subtitle_number="1" subtitle_name="Statewide Mandatory">
    <level label="a">
      <level label="1">
        <text>In this section the following words have the meanings indicated.</text>
      </level>
      <level label="2">
        <level label="i">
          <text>“Assets” include:</text>
          <level label="1">
            <text>real property;</text>
          </level>
          <level label="2">
            <text>cash;</text>
          </level>
          <level label="3">
            <text>savings accounts;</text>
          </level>
          <level label="4">
            <text>stocks;</text>
          </level>
          <level label="5">
            <text>bonds; and</text>
          </level>
          <level label="6">
            <text>any other investment.</text>
          </level>
        </level>
        <level label="ii">
          <text>“Assets” do not include:</text>
          <level label="1">
            <text>the cash value of the life insurance policies on the life of the renter;</text>
          </level>
          <level label="2">
            <text>the cash value of any qualified retirement savings plans or individual retirement accounts; or</text>
          </level>
          <level label="3">
            <text>tangible personal property.</text>
          </level>
        </level>
      </level>
      <level label="3">
        <text>“Assumed real property tax” means:</text>
        <level label="i">
          <text>15% of the occupancy rent paid by a renter during the calendar year; or</text>
        </level>
        <level label="ii">
          <text>15% of the occupancy rent paid by a renter during the calendar year plus any tax paid under § 20–501 of the Local Government Article.</text>
        </level>
      </level>
      <level label="4">
        <text>“Combined income” means the combined gross income of all individuals who actually reside in a dwelling except an individual who:</text>
        <level label="i">
          <text>is a dependent of the renter under § 152 of the Internal Revenue Code; or</text>
        </level>
        <level label="ii">
          <text>pays a reasonable amount for rent or room and board.</text>
        </level>
      </level>
      <level label="5">
        <level label="i">
          <text>“Dwelling” means a rental unit that is the principal residence of a renter.</text>
        </level>
        <level label="ii">
          <text>“Dwelling” includes a mobile home pad on which the principal residence of the renter rests.</text>
        </level>
      </level>
      <level label="6">
        <level label="i">
          <text>“Gross income” means the total income from all sources for the calendar year that immediately precedes the taxable year, whether or not the income is included in the definition of gross income for federal or State tax purposes.</text>
        </level>
        <level label="ii">
          <text>“Gross income” includes:</text>
          <level label="1">
            <text>any benefit under the Social Security Act or the Railroad Retirement Act;</text>
          </level>
          <level label="2">
            <text>the aggregate of gifts over $300;</text>
          </level>
          <level label="3">
            <text>alimony;</text>
          </level>
          <level label="4">
            <text>support money;</text>
          </level>
          <level label="5">
            <text>any nontaxable strike benefit;</text>
          </level>
          <level label="6">
            <text>public assistance received in a cash grant;</text>
          </level>
          <level label="7">
            <text>a pension;</text>
          </level>
          <level label="8">
            <text>an annuity;</text>
          </level>
          <level label="9">
            <text>any unemployment insurance benefit;</text>
          </level>
          <level label="10">
            <text>any workers’ compensation benefit; and</text>
          </level>
          <level label="11">
            <text>the net income received from a business, rental, or other endeavor.</text>
          </level>
        </level>
        <level label="iii">
          <text>“Gross income” does not include:</text>
          <level label="1">
            <text>any income tax refund received from the State or federal government, including any refundable portion of the federal earned income tax credit; or</text>
          </level>
          <level label="2">
            <text>any loss from business, rental, or other endeavor.</text>
          </level>
        </level>
      </level>
      <level label="7">
        <text>“Net worth” means the sum of the current market value of all assets, less any outstanding liability.</text>
      </level>
      <level label="8">
        <text>“Occupancy rent” means the rent paid for the right to occupy a dwelling less the reasonable value of the utilities or furnishings or both if the utilities or the use of the furnishings or both are included in the rent.</text>
      </level>
      <level label="9">
        <text>“Renter” means an individual, who during the calendar year for which the property tax relief under this section is sought, actually occupies a dwelling in which the individual has a leasehold interest and who:</text>
        <level label="i">
          <text>is at least 60 years old;</text>
        </level>
        <level label="ii">
          <text>has been found permanently and totally disabled and has qualified for benefits under:</text>
          <level label="1">
            <text>the Social Security Act;</text>
          </level>
          <level label="2">
            <text>the Railroad Retirement Act;</text>
          </level>
          <level label="3">
            <text>any federal act for service members; or</text>
          </level>
          <level label="4">
            <text>any federal retirement system;</text>
          </level>
        </level>
        <level label="iii">
          <text>has been found permanently and totally disabled by a county health officer or the Baltimore City Commissioner of Health; or</text>
        </level>
        <level label="iv">
          <text>is under the age of 60 years and:</text>
          <level label="1">
            <text>has gross income below the poverty threshold that is established by the U.S. Department of Commerce, Bureau of the Census in August of the previous calendar year;</text>
          </level>
          <level label="2">
            <text>has 1 or more dependent children under 18 years old living with the renter; and</text>
          </level>
          <level label="3">
            <text>does not receive federal or State housing subsidies or reside in public housing.</text>
          </level>
        </level>
      </level>
    </level>
    <level label="b">
      <text>There is a property tax relief program for any renter.</text>
    </level>
    <level label="c">
      <text>The Department shall adopt regulations necessary to carry out this section.</text>
    </level>
    <level label="d">
      <level label="1">
        <level label="i">
          <text>The Department shall:</text>
          <level label="1">
            <text>give to each renter notice of possible property tax relief under this section; and</text>
          </level>
          <level label="2">
            <text>establish a marketing campaign to promote the use of the property tax relief program under this section.</text>
          </level>
        </level>
        <level label="ii">
          <text>The marketing campaign shall focus on reaching renters in high poverty areas throughout the State.</text>
        </level>
      </level>
      <level label="2">
        <text>The Comptroller shall provide in each package of income tax forms and instructions notice of the availability of a property tax credit under this section. Such notice shall be similar in every way to that provided homeowners in § 9–104(f) of this subtitle.</text>
      </level>
      <level label="3">
        <text>The Department shall report to the General Assembly, in accordance with § 2–1257 of the State Government Article, on or before December 31, 2015, and every 2 years thereafter, on the promotion of the property tax relief program under paragraph (1) of this subsection.</text>
      </level>
    </level>
    <level label="e">
      <text>If a dwelling is not actually occupied or expected to be occupied by the renter for 6 months or more of the calendar year, the dwelling is not a principal residence.</text>
    </level>
    <level label="f">
      <level label="1">
        <level label="i">
          <text>Except as provided in paragraphs (2) and (3) of this subsection, on or before October 1 of the year following the calendar year for which property tax relief under this section is sought, a renter may apply to the Department for the property tax relief.</text>
        </level>
        <level label="ii">
          <text>The application shall be made on the form that the Department provides.</text>
        </level>
      </level>
      <level label="2">
        <text>For good cause, the Department may accept an application from a renter after October 1 but on or before October 31 of the year following the calendar year for which property tax relief under this section is sought.</text>
      </level>
      <level label="3">
        <text>The Department may accept an application from a renter within 3 years after October 1 of the calendar year for which the property tax relief under this section is sought if the renter was:</text>
        <level label="i">
          <text>at least 70 years old in the calendar year for which the property tax relief under this section is sought; and</text>
        </level>
        <level label="ii">
          <text>eligible for the property tax relief under this section for the taxable year for which the relief is sought.</text>
        </level>
      </level>
      <level label="4">
        <text>The renter shall state under oath that the statements in the application are true.</text>
      </level>
      <level label="5">
        <text>To substantiate the application, the applicant may be required to provide a copy of an income tax return, or other evidence detailing gross income or net worth.</text>
      </level>
    </level>
    <level label="g">
      <text>Notwithstanding § 13–202 of the Tax – General Article, to verify the income stated in an application, the Comptroller shall give the Department the information required.</text>
    </level>
    <level label="h">
      <level label="1">
        <text>The property tax relief that a renter may receive under this section is the assumed property tax on real property less a percentage of the combined income of the renter.</text>
      </level>
      <level label="2">
        <text>The percentage is:</text>
        <level label="i">
          <text>0% of the 1st $4,000 of combined income;</text>
        </level>
        <level label="ii">
          <level label="2">
            <text>5% of the 2nd $4,000 of combined income; and</text>
          </level>
        </level>
        <level label="iii">
          <level label="5">
            <text>5% of the combined income over $8,000.</text>
          </level>
        </level>
      </level>
    </level>
    <level label="i">
      <text>The property tax relief under this section may not be:</text>
      <level label="1">
        <text>more than $1,000;</text>
      </level>
      <level label="2">
        <text>granted to any renter whose combined net worth exceeds $200,000 as of December 31 of the calendar year for which the property tax relief is sought;</text>
      </level>
      <level label="3">
        <text>granted to any renter whose dwelling is exempt from property tax; and</text>
      </level>
      <level label="4">
        <text>granted if the credit under this section is less than $1 in any year.</text>
      </level>
    </level>
    <level label="j">
      <level label="1">
        <text>The Department shall:</text>
        <level label="i">
          <text>process applications upon receipt;</text>
        </level>
        <level label="ii">
          <text>certify to the Comptroller the property tax relief under this section due each renter; and</text>
        </level>
        <level label="iii">
          <text>make the certifications required under item (ii) of this paragraph no less frequently than each month.</text>
        </level>
      </level>
      <level label="2">
        <text>The Comptroller shall pay the amount to the renter upon receipt of the certification from the Department.</text>
      </level>
    </level>
  </section>
  <section article="gtp" article_name="Tax - Property" number="9-103" title_number="9" title_name="Property Tax Credits and Property Tax Relief" subtitle_number="1" subtitle_name="Statewide Mandatory">
    <level label="a">
      <level label="1">
        <text>In this section the following words have the meanings indicated.</text>
      </level>
      <level label="2">
        <text>“Base year” means the taxable year immediately before the taxable year in which a property tax credit under this section is to be granted.</text>
      </level>
      <level label="3">
        <level label="i">
          <text>“Base year value” means the value of the property used to determine the assessment on which the property tax on real property was imposed for the base year.</text>
        </level>
        <level label="ii">
          <text>“Base year value” does not include any new real property that was first assessed in the base year.</text>
        </level>
      </level>
      <level label="4">
        <level label="i">
          <text>“Business entity” means a person who operates or conducts a trade or business.</text>
        </level>
        <level label="ii">
          <text>“Business entity” includes a person who owns, operates, develops, constructs, or rehabilitates real property, if the real property:</text>
          <level label="1">
            <text>is intended for use primarily as single or multifamily residential property located in the enterprise zone; and</text>
          </level>
          <level label="2">
            <text>is partially devoted to a nonresidential use.</text>
          </level>
        </level>
      </level>
      <level label="5">
        <level label="i">
          <text>“Eligible assessment” means the difference between the base year value and the actual value as determined by the Department for the applicable taxable year in which the tax credit under this section is to be granted.</text>
        </level>
        <level label="ii">
          <text>For a business entity that is located on land or within improvements owned by the federal, State, county, or municipal government, “eligible assessment” means the difference between the base year value and the actual value reduced by the value of any property entitled to an exemption under Title 7 of this article as determined by the Department for the applicable taxable year in which the tax credit under this section is to be granted.</text>
        </level>
      </level>
      <level label="6">
        <level label="i">
          <text>“Qualified property” means real property that is:</text>
          <level label="1">
            <text>not used for residential purposes;</text>
          </level>
          <level label="2">
            <text>used in a trade or business by a business entity that meets the requirements of § 5–707 of the Economic Development Article; and</text>
          </level>
          <level label="3">
            <text>located in an enterprise zone that is designated under Title 5, Subtitle 7 of the Economic Development Article.</text>
          </level>
        </level>
        <level label="ii">
          <text>“Qualified property” includes personal property on real property that is located in a focus area as defined in § 5–701 of the Economic Development Article.</text>
        </level>
      </level>
    </level>
    <level label="b">
      <level label="1">
        <text>The governing body of a county or of a municipal corporation shall grant a tax credit under this section against the property tax imposed on the eligible assessment of qualified property.</text>
      </level>
      <level label="2">
        <text>In Montgomery County the lessor of real property eligible for a credit under this section shall reduce the amount of taxes for which a tenant is contractually liable under the lease agreement by the amount of any credit allowed under this section that is attributable to improvements made by the tenant.</text>
      </level>
    </level>
    <level label="c">
      <text>Unless the county in which a municipal corporation is located agrees to the designation of an enterprise zone in the municipal corporation, qualified property in the municipal corporation may not receive a tax credit against county property tax.</text>
    </level>
    <level label="d">
      <level label="1">
        <text>Except as provided in paragraph (2) of this subsection, the appropriate governing body shall calculate the amount of the tax credit under this section equal to a percentage of the amount of property tax imposed on the eligible assessment of the qualified property, as follows:</text>
        <level label="i">
          <text>80% in each of the 1st 5 taxable years following the calendar year in which the property initially becomes a qualified property;</text>
        </level>
        <level label="ii">
          <text>70% in the 6th taxable year;</text>
        </level>
        <level label="iii">
          <text>60% in the 7th taxable year;</text>
        </level>
        <level label="iv">
          <text>50% in the 8th taxable year;</text>
        </level>
        <level label="v">
          <text>40% in the 9th taxable year; and</text>
        </level>
        <level label="vi">
          <text>30% in the 10th taxable year.</text>
        </level>
      </level>
      <level label="2">
        <text>For newly constructed qualified property that provides both office and retail space and became eligible for the credit under this section on or after January 1, 2019, but before January 1, 2022, the appropriate governing body shall calculate the amount of the tax credit under this section equal to a percentage of the amount of property tax imposed on the eligible assessment of the qualified property as follows:</text>
        <level label="i">
          <text>80% in each of the 1st 8 taxable years following the calendar year in which the property initially becomes a qualified property;</text>
        </level>
        <level label="ii">
          <text>70% in the 9th taxable year;</text>
        </level>
        <level label="iii">
          <text>60% in the 10th taxable year;</text>
        </level>
        <level label="iv">
          <text>50% in the 11th taxable year;</text>
        </level>
        <level label="v">
          <text>40% in the 12th taxable year; and</text>
        </level>
        <level label="vi">
          <text>30% in the 13th taxable year.</text>
        </level>
      </level>
      <level label="3">
        <text>The Department shall allocate the eligible assessment to the nonresidential part of the qualified property at the same percentage as the square footage of the nonresidential part is to the total square footage of the building.</text>
      </level>
      <level label="4">
        <text>For purposes of calculating the amount of the credit allowed under this section, the amount of property tax imposed on the eligible assessment shall be calculated without reduction for any credits allowed under this title.</text>
      </level>
      <level label="5">
        <text>For qualified property located in a focus area, the appropriate governing body shall calculate the amount of the tax credit under this section equal to 80% of the amount of property tax imposed on the eligible assessment of the qualified property:</text>
        <level label="i">
          <text>for newly constructed qualified property that provides both office and retail space and became eligible for the credit under this section on or after January 1, 2019, but before January 1, 2022, for each of the 13 taxable years following the calendar year in which the property initially becomes a qualified property; or</text>
        </level>
        <level label="ii">
          <text>for any other qualified property, for each of the 10 taxable years following the calendar year in which the property initially becomes a qualified property.</text>
        </level>
      </level>
    </level>
    <level label="e">
      <level label="1">
        <text>A tax credit under this section is available to a qualified property for no more than 10 consecutive years or, in the case of newly constructed qualified property that provides both office and retail space and became eligible for the credit under this section on or after January 1, 2019, but before January 1, 2022, no more than 13 consecutive years, beginning with:</text>
        <level label="i">
          <text>the taxable year following the calendar year in which the real property initially becomes a qualified property; or</text>
        </level>
        <level label="ii">
          <text>the taxable year in which the real property initially becomes a qualified property, subject to the approval of the appropriate local governing body and the Secretary of Commerce.</text>
        </level>
      </level>
      <level label="2">
        <text>Even if the designation of an enterprise zone expires, the tax credit under this section continues to be available to a qualified property.</text>
      </level>
      <level label="3">
        <text>Notwithstanding § 5–707(d) of the Economic Development Article but subject to § 5–707(b) and (c) of the Economic Development Article, a business entity operating in an enterprise zone when the designation of the enterprise zone expires may claim the credits allowed under this section for real property that:</text>
        <level label="i">
          <text>the business owns, operates, develops, constructs, or rehabilitates within 5 years after the date the designation of the enterprise zone expired; and</text>
        </level>
        <level label="ii">
          <text>otherwise qualifies for the credits allowed under this section.</text>
        </level>
      </level>
      <level label="4">
        <text>State property tax imposed on real property is not affected by this section.</text>
      </level>
    </level>
    <level label="f">
      <text>When an enterprise zone is designated by the Secretary of Commerce, the appropriate governing body shall certify to the Department of Assessments and Taxation:</text>
      <level label="1">
        <text>the real properties in the enterprise zone that are qualified properties for each taxable year for which the property tax credit under this section is to be granted; and</text>
      </level>
      <level label="2">
        <text>the date that the real properties became qualified properties.</text>
      </level>
    </level>
    <level label="g">
      <text>Before property tax bills are sent, the Department of Assessments and Taxation shall submit to the appropriate governing body a list of:</text>
      <level label="1">
        <text>each qualified property;</text>
      </level>
      <level label="2">
        <text>the amount of the base year value for each qualified property; and</text>
      </level>
      <level label="3">
        <text>the amount of the eligible assessment for each qualified property.</text>
      </level>
    </level>
    <level label="h">
      <text>As provided in the State budget, the State shall remit to each county or municipal corporation an amount equal to one–half of the funds that would have been collected if the property tax credit under this section had not been granted.</text>
    </level>
    <level label="i">
      <level label="1">
        <level label="i">
          <text>For a county or municipal corporation to receive a reimbursement under subsection (h) of this section by August 31 in any calendar year, the county or municipal corporation shall submit an annual request to the Department of Assessments and Taxation for the amount required by subsection (h) of this section on or before June 30 of that year.</text>
        </level>
        <level label="ii">
          <text>On or before July 31 after the Department of Assessments and Taxation receives the request from the county or municipal corporation under subparagraph (i) of this paragraph, the Department shall certify to the Comptroller the reimbursement due to each county or municipal corporation.</text>
        </level>
        <level label="iii">
          <text>On or before August 31 after the Comptroller receives the certification from the Department under subparagraph (ii) of this paragraph, the Comptroller shall reimburse each county or municipal corporation.</text>
        </level>
      </level>
      <level label="2">
        <text>If a county or municipal corporation submits its request for the amount required under subsection (h) of this section after June 30:</text>
        <level label="i">
          <text>the Department shall issue its certification to the Comptroller within 30 days after receipt of the request; and</text>
        </level>
        <level label="ii">
          <text>the Comptroller shall reimburse the county or municipal corporation within 30 days after receipt of the certification.</text>
        </level>
      </level>
    </level>
  </section>
  <section article="gtp" article_name="Tax - Property" number="9-103.1" title_number="9" title_name="Property Tax Credits and Property Tax Relief" subtitle_number="1" subtitle_name="Statewide Mandatory">
    <level label="a">
      <level label="1">
        <text>In this section the following words have the meanings indicated.</text>
      </level>
      <level label="2">
        <text>“Base year” means the taxable year immediately before the taxable year in which a property tax credit under this section is to be granted.</text>
      </level>
      <level label="3">
        <level label="i">
          <text>“Base year value” means the value of the property used to determine the assessment on which the property tax on real property was imposed for the base year.</text>
        </level>
        <level label="ii">
          <text>“Base year value” does not include any new real property that was first assessed in the base year.</text>
        </level>
      </level>
      <level label="4">
        <level label="i">
          <text>“Business entity” means a person who operates or conducts a trade or business.</text>
        </level>
        <level label="ii">
          <text>“Business entity” includes a person who owns, operates, develops, constructs, or rehabilitates real property if the real property:</text>
          <level label="1">
            <text>is intended for use primarily as single or multifamily residential property located in a RISE zone; and</text>
          </level>
          <level label="2">
            <text>is partially devoted to a nonresidential use.</text>
          </level>
        </level>
      </level>
      <level label="5">
        <level label="i">
          <text>“Eligible assessment” means the difference between the base year value and the actual value as determined by the Department for the applicable taxable year in which the tax credit under this section is to be granted.</text>
        </level>
        <level label="ii">
          <text>For a business entity that is located on land or within improvements owned by the federal, State, county, or municipal government, “eligible assessment” means the difference between the base year value and the actual value reduced by the value of any property entitled to an exemption under Title 7 of this article as determined by the Department for the applicable taxable year in which the tax credit under this section is to be granted.</text>
        </level>
      </level>
      <level label="6">
        <text>“Qualified property” means real property that is:</text>
        <level label="i">
          <text>located in a RISE zone;</text>
        </level>
        <level label="ii">
          <text>not used for residential purposes; and</text>
        </level>
        <level label="iii">
          <text>used in a trade or business by a business entity that locates in the RISE zone before January 1, 2023.</text>
        </level>
      </level>
      <level label="7">
        <text>“RISE zone” has the meaning stated in § 10–137 of the Economic Development Article.</text>
      </level>
    </level>
    <level label="b">
      <text>The governing body of a county or of a municipal corporation shall grant a tax credit under this section against the property tax imposed on the eligible assessment of qualified property.</text>
    </level>
    <level label="c">
      <level label="1">
        <text>Except as otherwise provided in this subsection, the appropriate governing body shall calculate the amount of the tax credit under this section equal to a percentage of the amount of property tax imposed on the eligible assessment of the qualified property as follows:</text>
        <level label="i">
          <text>at least 50% in the first taxable year following the calendar year in which the property initially becomes a qualified property; and</text>
        </level>
        <level label="ii">
          <text>at least 10% in the second through fifth taxable years.</text>
        </level>
      </level>
      <level label="2">
        <text>The Department shall allocate the eligible assessment to the nonresidential part of the qualified property at the same percentage as the square footage of the nonresidential part is to the total square footage of the building.</text>
      </level>
      <level label="3">
        <text>Except as provided in paragraph (4) of this subsection, for purposes of calculating the amount of the credit allowed under this section, the amount of property tax imposed on the eligible assessment shall be calculated without reduction for any credits allowed under this title.</text>
      </level>
      <level label="4">
        <level label="i">
          <text>For qualified property located in an enterprise zone designated under Title 5, Subtitle 7 of the Economic Development Article, the appropriate governing body shall calculate the amount of the tax credit under this section equal to 80% of the amount of property tax imposed on the eligible assessment of the qualified property, after first applying any credits required under § 9–103 of this subtitle, for each of the 5 taxable years following the calendar year in which the property initially becomes a qualified property.</text>
        </level>
        <level label="ii">
          <text>For qualified property located in a focus area designated under § 5–706 of the Economic Development Article, the appropriate governing body shall calculate the amount of the tax credit under this section equal to 100% of the amount of property tax imposed on the eligible assessment of the qualified property, after first applying any credits required under § 9–103 of this subtitle, for each of the 5 taxable years following the calendar year in which the property initially becomes a qualified property.</text>
        </level>
        <level label="iii">
          <level label="1">
            <text>If a business entity is certified as consistent with the target strategy of the RISE zone and the qualified property is located in an enterprise zone or focus area, the amount of the required reimbursement under § 9–103(h) of this subtitle may only be for the amount required for the required property tax credits under § 9–103 of this subtitle.</text>
          </level>
          <level label="2">
            <text>The property tax credits required under subparagraphs (i) and (ii) of this paragraph do not alter the amount of funds required to be reimbursed under § 9–103(h) of this subtitle.</text>
          </level>
          <level label="3">
            <text>If a business entity is certified as consistent with the target strategy of the RISE zone and the qualified property is located in an enterprise zone or focus area, the business entity may concurrently claim the property tax credits under this section and § 9–103 of this subtitle, provided that the total property tax credits in any taxable year may not exceed 100% of the property tax that would otherwise be due to the State and local jurisdiction.</text>
          </level>
          <level label="4">
            <text>The concurrent application of property tax credits under this section may not alter the time limitation on the availability of any property tax credit.</text>
          </level>
        </level>
      </level>
      <level label="5">
        <text>The governing body of a county or municipal corporation may increase, by local law, the percentage under paragraph (1) of this subsection.</text>
      </level>
      <level label="6">
        <level label="i">
          <text>If a RISE zone is renewed as provided under § 10–140 of the Economic Development Article, the governing body of a county or municipal corporation shall calculate the amount of the tax credit under this section equal to at least 10% of the amount of property tax imposed on the eligible assessment of the qualified property, after first applying any credits required under § 9–103 of this subtitle, for the sixth through tenth taxable years.</text>
        </level>
        <level label="ii">
          <text>The governing body of a county or municipal corporation may increase, by local law, the percentage under subparagraph (i) of this paragraph.</text>
        </level>
      </level>
    </level>
    <level label="d">
      <level label="1">
        <text>Except as provided in subsection (c)(6) of this section, a tax credit under this section is available to a qualified property for no more than 5 consecutive years beginning with:</text>
        <level label="i">
          <text>the taxable year following the calendar year in which the real property initially becomes a qualified property; or</text>
        </level>
        <level label="ii">
          <text>the taxable year in which the real property initially becomes a qualified property, subject to the approval of the appropriate local governing body and the Department of Commerce.</text>
        </level>
      </level>
      <level label="2">
        <text>If the designation of a RISE zone expires, the tax credit under this section continues to be available to a qualified property.</text>
      </level>
      <level label="3">
        <text>State property tax imposed on real property is not affected by this section.</text>
      </level>
    </level>
    <level label="e">
      <text>When a Regional Institution Strategic Enterprise zone is designated by the Maryland Economic Development Corporation, the Corporation shall certify to the State Department of Assessments and Taxation:</text>
      <level label="1">
        <text>the real properties in the zone that are qualified properties for each taxable year for which the property tax credit under this section is to be granted; and</text>
      </level>
      <level label="2">
        <text>the date that the real properties became qualified properties.</text>
      </level>
    </level>
    <level label="f">
      <text>Before property tax bills are sent, the State Department of Assessments and Taxation shall submit to the Maryland Economic Development Corporation a list containing:</text>
      <level label="1">
        <text>the location of each qualified property;</text>
      </level>
      <level label="2">
        <text>the amount of the base year value for each qualified property; and</text>
      </level>
      <level label="3">
        <text>the amount of the eligible assessment for each qualified property.</text>
      </level>
    </level>
  </section>
  <section article="gtp" article_name="Tax - Property" number="9-104" title_number="9" title_name="Property Tax Credits and Property Tax Relief" subtitle_number="1" subtitle_name="Statewide Mandatory">
    <level label="a">
      <level label="1">
        <text>In this section the following words have the meanings indicated.</text>
      </level>
      <level label="2">
        <level label="i">
          <text>“Assets” include:</text>
          <level label="1">
            <text>real property;</text>
          </level>
          <level label="2">
            <text>cash;</text>
          </level>
          <level label="3">
            <text>savings accounts;</text>
          </level>
          <level label="4">
            <text>stocks;</text>
          </level>
          <level label="5">
            <text>bonds; and</text>
          </level>
          <level label="6">
            <text>any other investment.</text>
          </level>
        </level>
        <level label="ii">
          <text>“Assets” do not include:</text>
          <level label="1">
            <text>the dwelling for which a property tax credit is sought under this section;</text>
          </level>
          <level label="2">
            <text>the cash value of the life insurance policies on the life of the homeowner;</text>
          </level>
          <level label="3">
            <text>the cash value of any qualified retirement savings plans or individual retirement accounts; or</text>
          </level>
          <level label="4">
            <text>tangible personal property.</text>
          </level>
        </level>
      </level>
      <level label="3">
        <text>“Combined income” means the combined gross income of all individuals who actually reside in a dwelling except an individual who:</text>
        <level label="i">
          <text>is a dependent of the homeowner under § 152 of the Internal Revenue Code; or</text>
        </level>
        <level label="ii">
          <text>pays a reasonable amount for rent or room and board.</text>
        </level>
      </level>
      <level label="4">
        <text>“Current market value” means:</text>
        <level label="i">
          <text>for residential property, the value as determined by the Department; and</text>
        </level>
        <level label="ii">
          <text>for farmland, marshland, and woodland, the value under Title 8, Subtitle 2 of this article as determined by the Department.</text>
        </level>
      </level>
      <level label="5">
        <text>“Disabled veteran” has the meaning stated in § 7–208(a) of this article.</text>
      </level>
      <level label="6">
        <text>“Dwelling” means:</text>
        <level label="i">
          <text>for a homeowner who is not a home purchaser, a house that is:</text>
          <level label="1">
            <text>used as the principal residence of a homeowner and the lot or curtilage on which the house is erected;</text>
          </level>
          <level label="2">
            <text>occupied by not more than 2 families; and</text>
          </level>
          <level label="3">
            <text>actually occupied or expected to be actually occupied by the homeowner for more than 6 months of a 12–month period, which actual or expected occupancy period shall include July 1 of the taxable year for which the property tax credit under this section is sought; or</text>
          </level>
        </level>
        <level label="ii">
          <text>for a homeowner who is a home purchaser, a house that is:</text>
          <level label="1">
            <text>used as the principal residence of a homeowner and the lot or curtilage on which the house is erected;</text>
          </level>
          <level label="2">
            <text>occupied by not more than 2 families; and</text>
          </level>
          <level label="3">
            <text>actually occupied or expected to be actually occupied by the home purchaser for the remainder of the taxable year for which the property tax credit under this section is sought.</text>
          </level>
        </level>
      </level>
      <level label="7">
        <text>“Final tax liability” means the tax liability for any property tax on the real property of a dwelling less any property tax credit provided under this section.</text>
      </level>
      <level label="8">
        <level label="i">
          <text>“Gross income” means the total income from all sources for the calendar year that immediately precedes the taxable year, whether or not the income is included in the definition of gross income for federal or State tax purposes.</text>
        </level>
        <level label="ii">
          <text>“Gross income” includes:</text>
          <level label="1">
            <text>any benefit under the Social Security Act or the Railroad Retirement Act;</text>
          </level>
          <level label="2">
            <text>the aggregate of gifts over $300;</text>
          </level>
          <level label="3">
            <text>alimony;</text>
          </level>
          <level label="4">
            <text>support money;</text>
          </level>
          <level label="5">
            <text>any nontaxable strike benefit;</text>
          </level>
          <level label="6">
            <text>public assistance received in a cash grant;</text>
          </level>
          <level label="7">
            <text>a pension;</text>
          </level>
          <level label="8">
            <text>an annuity;</text>
          </level>
          <level label="9">
            <text>any unemployment insurance benefit;</text>
          </level>
          <level label="10">
            <text>any workers’ compensation benefit;</text>
          </level>
          <level label="11">
            <text>the net income received from a business, rental, or other endeavor;</text>
          </level>
          <level label="12">
            <text>any withdrawal, payment, or distribution from an individual retirement account;</text>
          </level>
          <level label="13">
            <text>any withdrawal, payment, or distribution from any qualified retirement savings plan; and</text>
          </level>
          <level label="14">
            <text>any rent on the dwelling, including the rent from a room or apartment.</text>
          </level>
        </level>
        <level label="iii">
          <text>“Gross income” does not include:</text>
          <level label="1">
            <text>any income tax refund received from the State or federal government; or</text>
          </level>
          <level label="2">
            <text>any loss from business, rental, or other endeavor.</text>
          </level>
        </level>
      </level>
      <level label="9">
        <text>“Heir” means an individual who is an heir or a legatee of a deceased homeowner who is entitled to inherit the deceased homeowner’s dwelling.</text>
      </level>
      <level label="10">
        <level label="i">
          <text>“Homeowner” means an individual who:</text>
          <level label="1">
            <text>on July 1 of the taxable year for which the tax credit is to be allowed:</text>
          </level>
          <level label="A">
            <text>actually resides in a dwelling in which the individual has a legal interest; or</text>
          </level>
          <level label="B">
            <text>under a court order or separation agreement, permits a spouse, a former spouse, or a child of the individual’s family to reside without payment of rent in a dwelling in which the individual has a legal interest; or</text>
          </level>
          <level label="2">
            <level label="A">
              <text>is a home purchaser; and</text>
            </level>
          </level>
          <level label="B">
            <text>actually resides in a dwelling in which the individual has a legal interest, whether or not the individual resides in the dwelling on July 1 of the taxable year for which the tax credit is sought.</text>
          </level>
        </level>
        <level label="ii">
          <text>“Homeowner” includes a beneficiary of a trust described in 42 U.S.C. § 1396p(d)(4), or a trust established for the benefit of an individual with a disability by an individual other than the beneficiary and that is funded with assets that were never owned or controlled by the beneficiary, if, on July 1 of the taxable year for which the tax credit is to be allowed, the beneficiary of the trust is an individual who actually resides in the dwelling.</text>
        </level>
      </level>
      <level label="11">
        <text>“Home purchaser” means an individual who purchases a dwelling in the taxable year for which the tax credit under this section is sought.</text>
      </level>
      <level label="12">
        <text>“Legal interest” includes an interest in a dwelling:</text>
        <level label="i">
          <text>as sole owner;</text>
        </level>
        <level label="ii">
          <text>as a joint tenant;</text>
        </level>
        <level label="iii">
          <text>as a tenant in common;</text>
        </level>
        <level label="iv">
          <text>as a tenant by the entireties;</text>
        </level>
        <level label="v">
          <text>through membership in a cooperative;</text>
        </level>
        <level label="vi">
          <text>under a land installment contract, as defined in § 10–101 of the Real Property Article;</text>
        </level>
        <level label="vii">
          <text>as a holder of a life estate; or</text>
        </level>
        <level label="viii">
          <text>under a continuing care contract for an independent living unit at a continuing care facility for the aged, which means a nontransferable agreement between a continuing care facility for the aged as defined in § 7–206 of this article and an occupant of an independent living unit, which agreement provides that the occupant may reside in the unit until termination under the terms of the contract.</text>
        </level>
      </level>
      <level label="13">
        <text>“Net worth” means the sum of the current market value of all assets, less any outstanding liability.</text>
      </level>
      <level label="14">
        <level label="i">
          <text>“Total real property tax” means the product of the sum of all property tax rates on real property, including special district tax rates, for the taxable year on a dwelling, multiplied by the lesser of:</text>
          <level label="1">
            <text>$300,000; or</text>
          </level>
          <level label="2">
            <text>the assessed value of the dwelling reduced by the amount of any assessment on which a property tax credit is granted under § 9–105 of this subtitle.</text>
          </level>
        </level>
        <level label="ii">
          <text>“Total real property tax” does not include any adjustment for any other property tax credit under this title claimed against the property tax imposed on the dwelling.</text>
        </level>
      </level>
    </level>
    <level label="b">
      <level label="1">
        <text>The homeowners’ tax credit under this section is a State–funded program.</text>
      </level>
      <level label="2">
        <text>It is the intent of the General Assembly that:</text>
        <level label="i">
          <text>the State shall appropriate sufficient funds to reimburse the full amount of tax credits granted under this section; and</text>
        </level>
        <level label="ii">
          <text>the State, and not the local governments, shall bear the burden of any insufficiency of funds to fully reimburse the counties for property tax credits under this section.</text>
        </level>
      </level>
      <level label="3">
        <text>For any fiscal year, if State appropriations for reimbursement of tax credits under this section do not provide sufficient funds to fully reimburse the counties for tax credits granted under this section, the Governor shall include in the budget bill for the next fiscal year a deficiency appropriation to provide the additional funds to fully reimburse the counties.</text>
      </level>
    </level>
    <level label="c">
      <text>The Department shall adopt regulations to carry out this section.</text>
    </level>
    <level label="d">
      <level label="1">
        <text>Except as provided in subsection (e) of this section, the Department is responsible for the administrative duties that relate to the application and determination of eligibility for a property tax credit under this section.</text>
      </level>
      <level label="2">
        <text>The Department may:</text>
        <level label="i">
          <text>make an agreement with a county collector for limited assistance with a part of the administrative duties; and</text>
        </level>
        <level label="ii">
          <text>reimburse the county for the reasonable cost of the assistance provided.</text>
        </level>
      </level>
      <level label="3">
        <text>When an applicant for the property tax credit under this section resides in an independent living unit at a continuing care facility for the aged, the Department shall determine for the independent living unit:</text>
        <level label="i">
          <text>the lot size;</text>
        </level>
        <level label="ii">
          <text>the assessed value of land and building; and</text>
        </level>
        <level label="iii">
          <text>the total real property tax.</text>
        </level>
      </level>
    </level>
    <level label="e">
      <level label="1">
        <text>On or before May 1 of each year, the Department shall provide the Comptroller information identifying owners of residential properties with an assessed value not exceeding $300,000 who, during the preceding 3 years, failed to claim the property tax credit under this section.</text>
      </level>
      <level label="2">
        <text>The Comptroller shall:</text>
        <level label="i">
          <text>review the information provided in accordance with paragraph (1) of this subsection and information that the Comptroller maintains regarding filers of income tax returns;</text>
        </level>
        <level label="ii">
          <text>identify the individuals who may be eligible for but failed to claim the property tax credit under this section, including individuals who failed to file an income tax return for any of the 3 most recent taxable years; and</text>
        </level>
        <level label="iii">
          <text>provide the Department the contact information of the individuals identified under item (ii) of this paragraph.</text>
        </level>
      </level>
      <level label="3">
        <level label="i">
          <text>For income verification, the Comptroller shall:</text>
          <level label="1">
            <text>cooperate with the Department in adopting a procedure to audit the application forms; and</text>
          </level>
          <level label="2">
            <text>notwithstanding § 13–202 of the Tax – General Article, supply the Department with additional information.</text>
          </level>
        </level>
        <level label="ii">
          <text>The Comptroller shall assist the Department in a postaudit of each application.</text>
        </level>
      </level>
      <level label="4">
        <text>On or before August 1 of each year, the Department shall contact each individual identified under paragraph (2) of this subsection by mail to inform the individual that the individual may be eligible for the property tax credit under this section and how to apply for the credit.</text>
      </level>
    </level>
    <level label="f">
      <level label="1">
        <text>A homeowner who meets the requirements of this section shall be granted the property tax credit under this section against the property tax imposed on the real property of the dwelling.</text>
      </level>
      <level label="2">
        <level label="i">
          <text>An heir who is not shown as the record title holder of a dwelling in the land records of the county shall be granted the property tax credit under this section if the heir:</text>
          <level label="1">
            <text>files an application in accordance with subsection (l) of this section;</text>
          </level>
          <level label="2">
            <text>meets the eligibility requirements for a homeowner under this section; and</text>
          </level>
          <level label="3">
            <text>meets all the other requirements of this section.</text>
          </level>
        </level>
        <level label="ii">
          <text>An heir who is not shown as the record title holder of the dwelling in the land records of the county may be granted the tax credit under this section for a maximum of 3 taxable years.</text>
        </level>
        <level label="iii">
          <text>After receiving the tax credit under this section for 3 taxable years, an heir may receive the tax credit under this section only if the heir is shown as the record title holder of the dwelling in the land records of the county.</text>
        </level>
      </level>
    </level>
    <level label="g">
      <level label="1">
        <text>Except as provided in subsection (h) of this section, the property tax credit under this section is the total real property tax of a dwelling, less the percentage of the combined income of the homeowner that is described in paragraph (2) of this subsection.</text>
      </level>
      <level label="2">
        <text>The percentage is:</text>
        <level label="i">
          <text>0% of the 1st $8,000 of combined income;</text>
        </level>
        <level label="ii">
          <text>4% of the next $4,000 of combined income;</text>
        </level>
        <level label="iii">
          <level label="6">
            <text>5% of the next $4,000 of combined income; and</text>
          </level>
        </level>
        <level label="iv">
          <text>9% of the combined income over $16,000.</text>
        </level>
      </level>
    </level>
    <level label="h">
      <text>For home purchasers, the property tax credit is the amount of the credit as calculated under subsection (g) of this section multiplied by a fraction, where:</text>
      <level label="1">
        <text>the numerator of the fraction is the number of days in the fiscal year that the home purchaser actually occupies or expects to actually occupy a dwelling in which the home purchaser has a legal interest; and</text>
      </level>
      <level label="2">
        <text>the denominator is 365 days.</text>
      </level>
    </level>
    <level label="i">
      <text>If a surviving spouse of a homeowner has not remarried and meets the qualifications except for age or disability, the property tax credit under this section is available to the unmarried surviving spouse.</text>
    </level>
    <level label="j">
      <level label="1">
        <text>A property tax credit under this section may not be granted to a homeowner whose combined net worth exceeds $200,000 as of December 31 of the calendar year that precedes July 1 of the taxable year for which the homeowner applies for the property tax credit or whose combined gross income exceeds $60,000 in that same calendar year.</text>
      </level>
      <level label="2">
        <text>If a property tax credit under this section is less than $1 in any taxable year, the credit may not be granted.</text>
      </level>
      <level label="3">
        <text>A homeowner may claim a property tax credit under this section for only 1 dwelling.</text>
      </level>
      <level label="4">
        <text>Except as provided in subsection (u) of this section, if a property tax credit is issued under this section, the credit or a voucher for a credit may be used only in the taxable year in which it was issued or the next succeeding taxable year. However, a homeowner whose dwelling is sold for taxes may receive the credit until the final decree under § 14–844 of this article is entered.</text>
      </level>
    </level>
    <level label="k">
      <text>A homeowner may qualify for a property tax credit under this section if the homeowner does not actually reside in the dwelling for the required time period because of illness or need of special care even if the homeowner:</text>
      <level label="1">
        <text>rents the dwelling for less than 1 year; or</text>
      </level>
      <level label="2">
        <text>rents the dwelling for more than 1 year to a member of the homeowner’s immediate family.</text>
      </level>
    </level>
    <level label="l">
      <level label="1">
        <text>On the February 15 that precedes the taxable year for which the property tax credit under this section is sought, the Department shall make available that year’s property tax credit application form.</text>
      </level>
      <level label="2">
        <level label="i">
          <text>Except as provided in subsections (m), (u), and (v) of this section, on or before February 14 of the taxable year for which the property tax credit under this section is sought, a homeowner may apply to the Department for a property tax credit under this section.</text>
        </level>
        <level label="ii">
          <text>The application shall be made on the form that the Department provides.</text>
        </level>
      </level>
      <level label="3">
        <text>The homeowner shall state under oath that the facts in the application are true.</text>
      </level>
      <level label="4">
        <level label="i">
          <text>Except as provided in subparagraph (ii) of this paragraph, to substantiate the application, the applicant may be required to provide a copy of an income tax return, or other evidence detailing gross income or net worth.</text>
        </level>
        <level label="ii">
          <text>An applicant who is required to substantiate an application under subparagraph (i) of this paragraph may, under penalties of perjury, attest to gross income in lieu of providing an income tax return if the applicant was not required to and did not file an income tax return.</text>
        </level>
      </level>
      <level label="5">
        <text>To apply for the credit under this section, an heir shall:</text>
        <level label="i">
          <text>complete the application under this subsection;</text>
        </level>
        <level label="ii">
          <text>complete an affidavit under oath on the form the Department provides attesting that the individual is an heir or a legatee of a deceased homeowner who is entitled to inherit the deceased homeowner’s dwelling; and</text>
        </level>
        <level label="iii">
          <text>attach to the application a copy of the death certificate of the deceased homeowner from whom the heir inherited the dwelling.</text>
        </level>
      </level>
    </level>
    <level label="m">
      <level label="1">
        <text>A home purchaser may apply to the Department for a property tax credit under this section after the execution of a contract of sale on the dwelling or settlement on the dwelling by filing an application on the form that the Department provides.</text>
      </level>
      <level label="2">
        <text>The home purchaser shall state under oath that the facts in the application are true.</text>
      </level>
      <level label="3">
        <level label="i">
          <text>Except as provided in subparagraph (ii) of this paragraph, to substantiate the application, the Department may require the applicant to provide a copy of an income tax return, or other evidence detailing gross income or net worth.</text>
        </level>
        <level label="ii">
          <text>An applicant who is required to substantiate an application under subparagraph (i) of this paragraph may, under penalties of perjury, attest to gross income in lieu of providing an income tax return if the applicant was not required to and did not file an income tax return.</text>
        </level>
      </level>
      <level label="4">
        <text>If the home purchaser files an application for a credit under this section prior to settlement, the purchaser must file this application within 7 working days after the execution of a contract of sale.</text>
      </level>
      <level label="5">
        <text>Upon receipt of an application prior to settlement, the Department:</text>
        <level label="i">
          <text>may further require the applicant to provide a copy of the executed sale agreement;</text>
        </level>
        <level label="ii">
          <text>shall determine the amount, if any, of the credit for which the home purchaser is eligible under this section; and</text>
        </level>
        <level label="iii">
          <text>shall notify the home purchaser in writing of its decision within 5 working days from receipt of the application.</text>
        </level>
      </level>
      <level label="6">
        <text>The Department shall adopt regulations governing the application for and granting of a credit before settlement as provided under this section.</text>
      </level>
      <level label="7">
        <text>On certification by the Department, the Comptroller shall pay to the home purchaser the property tax credit due under this section unless the credit was used to adjust the home purchaser’s final tax liability paid at settlement under subsection (r) of this section.</text>
      </level>
    </level>
    <level label="n">
      <text>The Department shall notify an applicant in writing if the applicant is not eligible for the property tax credit under this section.</text>
    </level>
    <level label="o">
      <level label="1">
        <text>For any eligible application received before the April 15 that precedes the taxable year for which the property tax credit under this section is sought, the Department shall request the appropriate county collector to prepare a tax bill that reflects the final tax liability.</text>
      </level>
      <level label="2">
        <text>If a homeowner presents the revised tax bill or a tax voucher with the tax bill to the county collector, the homeowner may make a single payment for the final tax liability.</text>
      </level>
      <level label="3">
        <text>Except as provided in subsection (u) of this section:</text>
        <level label="i">
          <text>if a credit is granted for an eligible application received after April 15 but on or before October 1, property tax is not due on the property until 30 days after the revised tax bill is sent to the homeowner; and</text>
        </level>
        <level label="ii">
          <text>if a credit is granted for an eligible application received after October 1 but on or before February 14, property tax is due on the property in accordance with § 10–204.3 of this article.</text>
        </level>
      </level>
      <level label="4">
        <text>If a municipal corporation or a special taxing district issues a tax bill separate from the county tax bill, the county may require the homeowner to submit:</text>
        <level label="i">
          <text>the separate tax bill; or</text>
        </level>
        <level label="ii">
          <text>proof of payment of the separate tax bill.</text>
        </level>
      </level>
    </level>
    <level label="p">
      <text>If a municipal corporation or a special taxing district issues a tax bill to a homeowner, the Department shall include the property tax rate of the municipal corporation or the special taxing district in calculating the property tax credit under this section and final tax liability.</text>
    </level>
    <level label="q">
      <level label="1">
        <text>Except for transfers between spouses, including a conveyance to a surviving spouse from the personal representative of a deceased spouse, if a homeowner transfers a dwelling that is subject to a property tax credit under this section, the property tax credit ends on the date that the property is transferred. The credit is not ended if the transfer is between spouses.</text>
      </level>
      <level label="2">
        <text>The total amount of the property tax credit under this section is included in determining the amount of property tax that is:</text>
        <level label="i">
          <text>paid by the homeowner; and</text>
        </level>
        <level label="ii">
          <text>adjusted at the time of settlement between the homeowner and the buyer.</text>
        </level>
      </level>
      <level label="3">
        <text>The homeowner is credited for the part of the property tax credit under this section that the homeowner’s period of ownership during the taxable year in which the transfer occurs bears to the entire taxable year. The buyer shall pay the remaining part of the property tax credit under this section to the county.</text>
      </level>
      <level label="4">
        <text>Any property tax credit under this section that is collected by a county from a buyer under this subsection shall be credited to the State less any cost incurred by any county or a municipal corporation.</text>
      </level>
    </level>
    <level label="r">
      <text>The final tax liability of a home purchaser due at settlement shall be adjusted to reflect any credit certified by the Department.</text>
    </level>
    <level label="s">
      <level label="1">
        <text>Each month or more frequently, if appropriate, each county collector shall submit a request to the Department for reimbursement for an amount equal to the property tax credits under this section and redeemed property tax credit vouchers paid under this section.</text>
      </level>
      <level label="2">
        <text>The request may not include the property tax credits for which the county or municipal corporation is responsible under § 9–101(g) of this subtitle.</text>
      </level>
      <level label="3">
        <text>Within 5 working days after receipt of the request the Department shall certify to the Comptroller the amount of reimbursement due to each county.</text>
      </level>
      <level label="4">
        <text>Within 5 working days:</text>
        <level label="i">
          <text>the Comptroller shall make the reimbursement to each county; or</text>
        </level>
        <level label="ii">
          <text>the appropriate county collector may withhold an amount of State taxes sufficient to reimburse the county.</text>
        </level>
      </level>
    </level>
    <level label="t">
      <level label="1">
        <text>An eligible homeowner who has a continuing care contract for an independent living unit at a continuing care facility for the aged shall receive payment for the amount of the property tax credit under this section from the Comptroller upon certification by the Department. A credit granted to the homeowner under this subsection may not be assigned to the continuing care facility.</text>
      </level>
      <level label="2">
        <level label="i">
          <text>Notwithstanding the provisions of subsection (g) of this section, if a homeowner under this subsection is a disabled veteran, the homeowner may receive a credit for the total real property tax attributable to the independent living unit, up to the maximum credit authorized under this section.</text>
        </level>
        <level label="ii">
          <text>A disabled veteran may apply for the credit under this subsection by providing the Department with the information required under subsection (l) of this section and § 7–208(d) of this article.</text>
        </level>
      </level>
      <level label="3">
        <text>The surviving spouse of a disabled veteran may, upon application, continue to receive the credit provided under this subsection until the surviving spouse remarries.</text>
      </level>
    </level>
    <level label="u">
      <level label="1">
        <text>Under the conditions set forth in this subsection, the Department may accept an application from a homeowner within:</text>
        <level label="i">
          <text>1 year after April 15 of the taxable year for which the property tax credit under this section is sought, if the homeowner:</text>
          <level label="1">
            <text>is applying for the first time; or</text>
          </level>
          <level label="2">
            <text>has filed an application on or before February 14 in each of the 3 taxable years immediately preceding the taxable year for which the credit is sought; or</text>
          </level>
        </level>
        <level label="ii">
          <text>3 years after April 15 of the taxable year for which a credit is sought, if the homeowner is:</text>
          <level label="1">
            <level label="A">
              <text>at least 70 years old as of the taxable year for which a credit is sought;</text>
            </level>
          </level>
          <level label="B">
            <text>enrolled in the Homeowner Protection Program established under Title 14, Subtitle 8, Part VII of this article; or</text>
          </level>
          <level label="C">
            <text>an heir; and</text>
          </level>
          <level label="2">
            <text>was eligible for the credit under this section for the taxable year for which the credit is sought.</text>
          </level>
        </level>
      </level>
      <level label="2">
        <text>A homeowner may apply to the Department for a property tax credit under this section by filing an application on the form that the Department provides.</text>
      </level>
      <level label="3">
        <text>The homeowner shall state under oath that the facts in the application are true.</text>
      </level>
      <level label="4">
        <level label="i">
          <text>Except as provided in subparagraph (ii) of this paragraph, to substantiate the application, the Department may require the homeowner to provide a copy of an income tax return, or other evidence detailing gross income or net worth.</text>
        </level>
        <level label="ii">
          <text>A homeowner who is required to substantiate an application under subparagraph (i) of this paragraph may, under penalties of perjury, attest to gross income in lieu of providing an income tax return if the homeowner was not required to and did not file an income tax return.</text>
        </level>
      </level>
      <level label="5">
        <text>On certification by the Department, the Comptroller shall pay to the homeowner the property tax credit due under this section.</text>
      </level>
    </level>
    <level label="v">
      <level label="1">
        <text>In this subsection, “qualified homeowner” means a homeowner whose gross income includes income only from the following sources:</text>
        <level label="i">
          <text>any benefit under the Social Security Act;</text>
        </level>
        <level label="ii">
          <text>a pension; or</text>
        </level>
        <level label="iii">
          <text>an annuity.</text>
        </level>
      </level>
      <level label="2">
        <level label="i">
          <text>Subject to subparagraph (ii) of this paragraph, to be eligible for the property tax credit under this section, a qualified homeowner is required to submit the application under subsection (l) of this section only in:</text>
          <level label="1">
            <text>the first year the qualified homeowner applies for the credit; and</text>
          </level>
          <level label="2">
            <text>every third year thereafter.</text>
          </level>
        </level>
        <level label="ii">
          <text>For any year in which the application under subsection (l) of this section is not required, to be eligible for the property tax credit under this section, a qualified homeowner shall submit to the Department either:</text>
          <level label="1">
            <text>a certification that:</text>
          </level>
          <level label="A">
            <text>the homeowner resided in the dwelling for at least 6 months in the preceding calendar year;</text>
          </level>
          <level label="B">
            <text>the homeowner continued to have income only from Social Security, a pension, or an annuity in the preceding calendar year; and</text>
          </level>
          <level label="C">
            <text>the individuals living in the homeowner’s household did not change in the preceding calendar year; or</text>
          </level>
          <level label="2">
            <text>the application under subsection (l) of this section.</text>
          </level>
        </level>
        <level label="iii">
          <text>A qualified homeowner who submits a certification under subparagraph (ii)1 of this paragraph may not be required to submit any proof of income in addition to the certification.</text>
        </level>
      </level>
    </level>
  </section>
  <section article="gtp" article_name="Tax - Property" number="9-105" title_number="9" title_name="Property Tax Credits and Property Tax Relief" subtitle_number="1" subtitle_name="Statewide Mandatory">
    <level label="a">
      <level label="1">
        <text>In this section the following words have the meanings indicated.</text>
      </level>
      <level label="2">
        <text>“Active member” means:</text>
        <level label="i">
          <text>a shareholder in a family corporation;</text>
        </level>
        <level label="ii">
          <text>a partner in a general partnership; or</text>
        </level>
        <level label="iii">
          <text>a member of a limited liability company or partner in a limited liability partnership who has or shares the authority to manage, control, and operate the limited liability company or limited liability partnership and who shares the assets and earnings of the limited liability company or limited liability partnership under an operating agreement under § 4A–402 of the Corporations and Associations Article or under a partnership agreement.</text>
        </level>
      </level>
      <level label="3">
        <text>“Agricultural ownership entity” means a family corporation, general partnership, limited liability company, or limited liability partnership that:</text>
        <level label="i">
          <text>owns real property that:</text>
          <level label="1">
            <text>includes land receiving an agricultural use assessment under § 8–209 of this article; and</text>
          </level>
          <level label="2">
            <text>includes land used as a homesite that is part of or contiguous to a parcel described in item 1 of this item;</text>
          </level>
        </level>
        <level label="ii">
          <text>owns personal property used to operate the agricultural land; and</text>
        </level>
        <level label="iii">
          <text>owns no other property.</text>
        </level>
      </level>
      <level label="4">
        <text>“Bicounty commission” means:</text>
        <level label="i">
          <text>the Maryland–National Capital Park and Planning Commission;</text>
        </level>
        <level label="ii">
          <text>the Washington Suburban Sanitary Commission; or</text>
        </level>
        <level label="iii">
          <text>the Washington Suburban Transit Commission.</text>
        </level>
      </level>
      <level label="5">
        <level label="i">
          <text>“Dwelling” means:</text>
          <level label="1">
            <text>a house that is:</text>
          </level>
          <level label="A">
            <text>used as the principal residence of the homeowner; and</text>
          </level>
          <level label="B">
            <text>actually occupied or expected to be actually occupied by the homeowner for more than 6 months of a 12–month period beginning with the date of finality for the taxable year for which the property tax credit under this section is sought; and</text>
          </level>
          <level label="2">
            <text>the lot or curtilage on which the house is erected.</text>
          </level>
        </level>
        <level label="ii">
          <text>“Dwelling” includes:</text>
          <level label="1">
            <text>a condominium unit that is occupied by an individual who has a legal interest in the condominium;</text>
          </level>
          <level label="2">
            <text>an apartment in a cooperative apartment corporation that is occupied by an individual who has a legal interest in the apartment; and</text>
          </level>
          <level label="3">
            <text>a part of real property used other than primarily for residential purposes, if the real property is used as a principal residence by an individual who has a legal interest in the real property.</text>
          </level>
        </level>
      </level>
      <level label="6">
        <text>“Family corporation” means a corporation that does not have any stockholders other than the homeowner and the following members of the homeowner’s family:</text>
        <level label="i">
          <text>a spouse or former spouse;</text>
        </level>
        <level label="ii">
          <text>a child or stepchild;</text>
        </level>
        <level label="iii">
          <text>a parent or stepparent;</text>
        </level>
        <level label="iv">
          <text>a brother or sister;</text>
        </level>
        <level label="v">
          <text>a son–in–law, daughter–in–law, stepson–in–law, or stepdaughter–in–law;</text>
        </level>
        <level label="vi">
          <text>a grandchild or stepgrandchild; or</text>
        </level>
        <level label="vii">
          <text>a grandparent or stepgrandparent.</text>
        </level>
      </level>
      <level label="7">
        <text>“Heir” means an individual who is an heir or a legatee of a deceased homeowner who is entitled to inherit the deceased homeowner’s dwelling.</text>
      </level>
      <level label="8">
        <text>“Homeowner” means an individual who has a legal interest in a dwelling or who is an active member of an agricultural ownership entity that has a legal interest in a dwelling.</text>
      </level>
      <level label="9">
        <text>“Legal interest” means an interest in a dwelling:</text>
        <level label="i">
          <text>as a sole owner;</text>
        </level>
        <level label="ii">
          <text>as a joint tenant;</text>
        </level>
        <level label="iii">
          <text>as a tenant in common;</text>
        </level>
        <level label="iv">
          <text>as a tenant by the entireties;</text>
        </level>
        <level label="v">
          <text>through membership in a cooperative;</text>
        </level>
        <level label="vi">
          <text>under a land installment contract, as defined in § 10–101 of the Real Property Article;</text>
        </level>
        <level label="vii">
          <text>as a holder of a life estate; or</text>
        </level>
        <level label="viii">
          <text>as a settlor, grantor, or beneficiary of a trust if:</text>
          <level label="1">
            <text>the settlor, grantor, or beneficiary of the trust does not pay rent or other remuneration to reside in the dwelling; and</text>
          </level>
          <level label="2">
            <text>legal title to the dwelling is held in the name of the trust or in the names of the trustees for the trust.</text>
          </level>
        </level>
      </level>
      <level label="10">
        <text>“Taxable assessment” means the assessment on which the property tax rate was imposed in the preceding taxable year, adjusted by the phased–in assessment increase resulting from a revaluation under § 8–104(c)(1)(iii) of this article, less the amount of any assessment on which a property tax credit under this section is authorized.</text>
      </level>
    </level>
    <level label="b">
      <level label="1">
        <text>If there is an increase in property assessment as calculated under this section, the State and the governing body of each county and of each municipal corporation shall grant a property tax credit under this section against the State, county, and municipal corporation property tax imposed on real property by the State, county, or municipal corporation.</text>
      </level>
      <level label="2">
        <text>A property tax credit granted under this section shall be applicable to any State, county, or municipal corporation property tax and any property tax imposed for a bicounty commission.</text>
      </level>
    </level>
    <level label="c">
      <level label="1">
        <text>If a dwelling is not used primarily for residential purposes, the Department shall apportion the total property assessment between the part of the dwelling that is used for residential purposes and the part of the dwelling that is not used for residential purposes.</text>
      </level>
      <level label="2">
        <text>If a homeowner does not actually reside in a dwelling for the required time period because of illness or need of special care and is otherwise eligible for a property tax credit under this section, the homeowner may qualify for the property tax credit under this section.</text>
      </level>
      <level label="3">
        <text>If a homeowner otherwise eligible for a credit under this section does not actually reside in a dwelling for the required time period because the dwelling is damaged due to an accident or natural disaster, the homeowner may continue to qualify for a credit under this section for the current taxable year and 2 succeeding taxable years even if the dwelling has been removed from the assessment roll in accordance with § 10–304 of this article.</text>
      </level>
      <level label="4">
        <level label="i">
          <text>For a homeowner who is an active member of an agricultural ownership entity to qualify for the property tax credit under this section:</text>
          <level label="1">
            <text>the dwelling must have been owned and occupied by the active member:</text>
          </level>
          <level label="A">
            <text>at the time of its transfer to the agricultural ownership entity; or</text>
          </level>
          <level label="B">
            <text>if the agricultural ownership entity is a limited liability company and the dwelling was originally transferred to the agricultural ownership entity as part of a conversion from a partnership under § 4A–211 of the Corporations and Associations Article, then at the time of its transfer to the former partnership; and</text>
          </level>
          <level label="2">
            <text>the agricultural ownership entity and the active member who occupies the dwelling must file an application with the Department establishing initial eligibility for the credit on or before June 30 for the following taxable year and, at the request of the Department, must file an application in any future year to verify continued eligibility.</text>
          </level>
        </level>
        <level label="ii">
          <text>Failure to file a timely application may result in disqualification from the Homestead Tax Credit Program for the following taxable year.</text>
        </level>
        <level label="iii">
          <text>The credit may only be granted to one dwelling owned by the agricultural ownership entity.</text>
        </level>
        <level label="iv">
          <text>Participation in the credit program as the active member of an agricultural ownership entity disqualifies any other dwellings owned by the active member for the credit.</text>
        </level>
      </level>
      <level label="5">
        <level label="i">
          <text>This paragraph applies only if the homeowner owned and occupied a dwelling on the subject property as the homeowner’s principal residence for at least the 3 tax years immediately preceding the razing of the dwelling or the commencement of substantial improvements on the property.</text>
        </level>
        <level label="ii">
          <text>If a homeowner otherwise eligible for a credit under this section does not actually reside in a dwelling on the subject property for the required period of time under subsection (a)(5) or (d)(2) of this section because the dwelling was razed by the homeowner for the purpose of replacing it with a new dwelling or was vacated by the homeowner for the purpose of making substantial improvements to the property, the homeowner may continue to qualify for a credit under this section for the tax year in which the razing or the substantial improvements were commenced and 1 succeeding tax year even if the dwelling has been removed from the assessment roll.</text>
        </level>
        <level label="iii">
          <text>If a homeowner qualifies for a credit under this paragraph, the full benefit of the credit existing at the commencement of the tax year in which the razing or vacating of the dwelling occurred may not be diminished during that tax year except that neither the calculation of the abatement nor the assessment under this paragraph shall include an assessment less than zero.</text>
        </level>
        <level label="iv">
          <text>If a homeowner qualifies for a credit under this paragraph, the calculation of the credit associated with the initial taxable assessment of the substantially completed new improvements, which is effective on or before the second July 1 after the razing or vacating of the dwelling, shall include the revaluation under § 8–104(c)(1)(iii) of this article.</text>
        </level>
      </level>
      <level label="6">
        <level label="i">
          <text>This paragraph applies if:</text>
          <level label="1">
            <text>the credit under this section has been denied for a dwelling for any taxable year because of the homeowner’s failure to occupy the dwelling for the required time period; and</text>
          </level>
          <level label="2">
            <text>the homeowner’s failure to occupy the dwelling for the required time period was the result of the homeowner’s being an employee of the United States government stationed outside the State for a period not exceeding 6 consecutive years.</text>
          </level>
        </level>
        <level label="ii">
          <text>Subject to subparagraph (iii) of this paragraph, a homeowner otherwise eligible for a credit under this section may qualify for the credit for a dwelling to which this paragraph applies for the next taxable year following the homeowner’s resumption of residency in the dwelling.</text>
        </level>
        <level label="iii">
          <text>The credit allowed under this paragraph shall be calculated based on the prior year’s taxable assessment of the dwelling determined as if the credit had not been lost for the intervening taxable years when the homeowner was an employee of the United States government stationed outside the State.</text>
        </level>
      </level>
    </level>
    <level label="d">
      <level label="1">
        <text>Subject to the provisions of paragraph (6) of this subsection, the Department shall authorize and the State, a county, or a municipal corporation shall grant a property tax credit under this section for a taxable year unless during the previous taxable year:</text>
        <level label="i">
          <text>the dwelling was transferred for consideration to new ownership;</text>
        </level>
        <level label="ii">
          <text>the value of the dwelling was increased due to a change in the zoning classification of the dwelling initiated or requested by the homeowner or anyone having an interest in the property;</text>
        </level>
        <level label="iii">
          <text>the use of the dwelling was changed substantially; or</text>
        </level>
        <level label="iv">
          <text>the assessment of the dwelling was clearly erroneous due to an error in calculation or measurement of improvements on the real property.</text>
        </level>
      </level>
      <level label="2">
        <text>A homeowner must actually reside in the dwelling by July 1 of the taxable year for which the property tax credit under this section is to be allowed.</text>
      </level>
      <level label="3">
        <text>A homeowner may claim a property tax credit under this section for only 1 dwelling.</text>
      </level>
      <level label="4">
        <text>If a property tax credit under this section is less than $1 in any taxable year, the tax credit may not be granted.</text>
      </level>
      <level label="5">
        <level label="i">
          <text>If the dwelling was transferred for consideration in a deed dated on or after January 1 but before the beginning of the next taxable year and the deed was recorded with the clerk of the circuit court or the Department on or after July 1 but before September 1 of the next taxable year, the new owner may submit a written application to the Department on or before September 1 of the second taxable year following the date of the deed requesting that the date of the deed be accepted by the Department as the date of transfer under paragraph (1) of this subsection.</text>
        </level>
        <level label="ii">
          <level label="1">
            <text>The applicant shall submit with the written application a copy of the executed deed evidencing the date of the transfer.</text>
          </level>
          <level label="2">
            <text>If the applicant fails to submit a copy of the executed deed as required under subsubparagraph 1 of this subparagraph, the Department shall deny the application.</text>
          </level>
        </level>
        <level label="iii">
          <text>The date of the transfer under this paragraph is the effective date of the deed as described under § 3–201 of the Real Property Article.</text>
        </level>
        <level label="iv">
          <text>If a homeowner submits an eligible application under this paragraph after May 1 of the first taxable year following the date of the deed and the homeowner is due to receive a reduction in the homeowner’s property tax bill in the second taxable year following the date of the deed as a result of the credit under this section, property tax is not due on the dwelling for the second taxable year following the date of the deed until 30 days after a revised tax bill is sent to the homeowner.</text>
        </level>
      </level>
      <level label="6">
        <level label="i">
          <text>Except as provided under paragraph (7) of this subsection, to qualify for the credit under this section, a homeowner shall submit an application for the credit to the Department as provided in this paragraph.</text>
        </level>
        <level label="ii">
          <text>The application shall:</text>
          <level label="1">
            <text>be made on the form that the Department provides;</text>
          </level>
          <level label="2">
            <text>provide the information required by the form;</text>
          </level>
          <level label="3">
            <text>include a statement by the homeowner under oath that the facts stated in the application are true, correct, and complete; and</text>
          </level>
          <level label="4">
            <text>except as provided in subparagraph (iii) of this paragraph, be filed on or before the May 1 preceding the first taxable year for which the property tax credit under this section is to be allowed.</text>
          </level>
        </level>
        <level label="iii">
          <text>For a dwelling that was last transferred for consideration to new ownership on or before December 31, 2007, an application shall be filed with the Department on or before December 30, 2013, or the Department may not authorize and the State, county, and municipal corporation may not grant the property tax credit under this section:</text>
          <level label="1">
            <text>for the taxable year beginning July 1, 2014; and</text>
          </level>
          <level label="2">
            <text>for a taxable year beginning after June 30, 2015, unless an application is filed as required under subparagraphs (i) and (ii) of this paragraph.</text>
          </level>
        </level>
        <level label="iv">
          <text>To apply for the credit under this section, an heir shall:</text>
          <level label="1">
            <text>complete the application under this paragraph;</text>
          </level>
          <level label="2">
            <text>complete an affidavit under oath on the form the Department provides attesting that the individual is an heir or a legatee of a deceased homeowner who is entitled to inherit the deceased homeowner’s dwelling; and</text>
          </level>
          <level label="3">
            <text>attach to the application a copy of the death certificate of the deceased homeowner from whom the heir inherited the dwelling.</text>
          </level>
        </level>
        <level label="v">
          <text>If a dwelling previously received a credit under this section and failed to qualify for 1 taxable year because of a failure to file the application required under this paragraph, the Department:</text>
          <level label="1">
            <text>shall grant the credit for the dwelling for the next following taxable year on the timely filing of the application by the same homeowner who previously received the credit; and</text>
          </level>
          <level label="2">
            <text>shall calculate the prior year’s taxable assessment for the dwelling as if the credit had not been lost for the 1 intervening taxable year.</text>
          </level>
        </level>
        <level label="vi">
          <text>The Department shall provide a homeowner the option to submit the application required under this paragraph electronically on the Department’s website.</text>
        </level>
      </level>
      <level label="7">
        <text>If a homeowner submits an application to the Department under this section and the Department determines that the homeowner was eligible for the credit in the prior taxable year but failed to file an application for the credit as required under this subsection:</text>
        <level label="i">
          <text>the homeowner shall be retroactively qualified for the Homestead Property Tax Credit Program for the prior taxable year; and</text>
        </level>
        <level label="ii">
          <text>the Department shall calculate the prior year’s taxable assessment as if the credit had been granted for the prior taxable year.</text>
        </level>
      </level>
      <level label="8">
        <level label="i">
          <text>This paragraph shall be interpreted broadly to apply to any homeowner who:</text>
          <level label="1">
            <text>is at least 70 years of age;</text>
          </level>
          <level label="2">
            <text>was eligible for the credit in the prior taxable year but failed to file an application for the credit; and</text>
          </level>
          <level label="3">
            <text>applies for a credit for the current taxable year.</text>
          </level>
        </level>
        <level label="ii">
          <text>For homeowners that meet the criteria under subparagraph (i) of this paragraph, the Department shall calculate the current year’s taxable assessment as if the credit had been granted for the prior taxable year.</text>
        </level>
        <level label="iii">
          <text>A homeowner who meets the criteria under subparagraph (i) of this paragraph is not due a reimbursement of property taxes paid in prior taxable years.</text>
        </level>
      </level>
    </level>
    <level label="e">
      <level label="1">
        <text>For each taxable year, the property tax credit under this section is calculated by:</text>
        <level label="i">
          <text>multiplying the prior year’s taxable assessment by the homestead credit percentage as provided under paragraph (2) of this subsection;</text>
        </level>
        <level label="ii">
          <text>subtracting that amount from the current year’s assessment; and</text>
        </level>
        <level label="iii">
          <text>if the difference is a positive number, multiplying the difference by the applicable property tax rate for the current year.</text>
        </level>
      </level>
      <level label="2">
        <text>For each taxable year, the homestead credit percentage under paragraph (1)(i) of this subsection is:</text>
        <level label="i">
          <text>for the State property tax and for any property tax imposed for a bicounty commission, 110%;</text>
        </level>
        <level label="ii">
          <text>for the county property tax:</text>
          <level label="1">
            <text>the homestead credit percentage established by the county under paragraph (3) of this subsection; or</text>
          </level>
          <level label="2">
            <text>if the county has not set a percentage for the taxable year under paragraph (3) of this subsection or has not notified the Department as required under paragraph (6) of this subsection, the homestead credit percentage in effect for the county for the preceding taxable year; and</text>
          </level>
        </level>
        <level label="iii">
          <text>for the municipal corporation property tax:</text>
          <level label="1">
            <text>the homestead credit percentage established by the municipal corporation under paragraph (4) of this subsection; or</text>
          </level>
          <level label="2">
            <text>if the municipal corporation has not set a percentage under paragraph (4) of this subsection or has not notified the Department as required under paragraph (7) of this subsection, the homestead credit percentage for the taxable year for the county in which the property is located.</text>
          </level>
        </level>
      </level>
      <level label="3">
        <text>Subject to paragraph (5) of this subsection, the Mayor and City Council of Baltimore City and the governing body of a county on or before March 15 of any year shall set, by law, the homestead credit percentage for the taxable year beginning the following July 1.</text>
      </level>
      <level label="4">
        <text>Subject to paragraph (5) of this subsection, on or before March 25 of any year, the governing body of a municipal corporation may set or alter, by law, a homestead credit percentage for the taxable year beginning the following July 1 and any subsequent taxable year.</text>
      </level>
      <level label="5">
        <text>The homestead credit percentage for any county or municipal corporation property tax:</text>
        <level label="i">
          <text>may not be less than 100% or exceed 110% for any taxable year; and</text>
        </level>
        <level label="ii">
          <text>shall be expressed in increments of 1 percentage point.</text>
        </level>
      </level>
      <level label="6">
        <text>The Mayor and City Council of Baltimore City and the governing body of a county shall notify the Department of any action taken under paragraph (3) of this subsection on or before March 15 preceding the taxable year for which the action is taken.</text>
      </level>
      <level label="7">
        <text>A municipal corporation shall notify the Department of any action taken under paragraph (4) of this subsection on or before March 25 preceding the taxable year for which the action is taken.</text>
      </level>
    </level>
    <level label="f">
      <level label="1">
        <text>The Department shall give notice of the possible property tax credit under this section.</text>
      </level>
      <level label="2">
        <text>In addition to any other notice the Department provides under this subsection, the Department shall:</text>
        <level label="i">
          <text>identify homeowners who may be eligible but have failed to apply for the property tax credit under this section; and</text>
        </level>
        <level label="ii">
          <text>include a separate insert with each assessment notice sent under § 8–401 of this article to each homeowner identified under item (i) of this paragraph that informs the homeowner that the homeowner may be eligible for the property tax credit under this section and how to apply for the credit.</text>
        </level>
      </level>
      <level label="3">
        <text>In addition to any other notice the Department provides under this subsection, the Department shall mail a notice to each individual who acquires residential real property and has not applied for the credit under this section within a reasonable period of time after the individual:</text>
        <level label="i">
          <text>acquires the property by recorded deed; and</text>
        </level>
        <level label="ii">
          <text>indicates that the property will be the individual’s principal residence on the corresponding land instrument intake sheet described under § 3–104 of the Real Property Article.</text>
        </level>
      </level>
      <level label="4">
        <text>The notice required under paragraph (3) of this subsection shall:</text>
        <level label="i">
          <text>inform the individual that the individual may be eligible for the property tax credit under this section;</text>
        </level>
        <level label="ii">
          <text>contain information on how to apply for the credit; and</text>
        </level>
        <level label="iii">
          <text>inform the individual that the individual may apply to the Department to have the date of the deed accepted as the date of transfer of the property for purposes of the credit as provided in subsection (d)(5) of this section.</text>
        </level>
      </level>
      <level label="5">
        <level label="i">
          <text>The Department shall design a document concerning the credit under this section that shall be presented to the buyer of residential property at the settlement for the property by the person conducting the settlement.</text>
        </level>
        <level label="ii">
          <text>The document under this paragraph shall include:</text>
          <level label="1">
            <text>the following statement in conspicuous type: “If you plan to live in this home as your principal residence, you may qualify for the homestead property tax credit. The homestead property tax credit may significantly reduce the amount of property taxes you owe.”;</text>
          </level>
          <level label="2">
            <text>instructions on how to apply for the credit online; and</text>
          </level>
          <level label="3">
            <text>a complete application for the credit and instructions on how to submit the paper application to the Department.</text>
          </level>
        </level>
        <level label="iii">
          <text>The Department shall make the document under this paragraph available on its website where it may be easily accessed by persons conducting settlements for residential property.</text>
        </level>
      </level>
      <level label="6">
        <text>The Department shall ensure that the information it provides under this subsection is accurate and up–to–date.</text>
      </level>
    </level>
    <level label="g">
      <level label="1">
        <text>A homeowner who meets the requirements of this section shall be granted the property tax credit under this section against the State, county, and municipal corporation property tax and any property tax imposed for a bicounty commission imposed on the real property of the dwelling.</text>
      </level>
      <level label="2">
        <level label="i">
          <text>An heir who is not shown as the record title holder of a dwelling in the land records of the county shall be granted the property tax credit under this section if the heir:</text>
          <level label="1">
            <text>files an application in accordance with subsection (d)(6) of this section;</text>
          </level>
          <level label="2">
            <text>meets the eligibility requirements for a homeowner under this section; and</text>
          </level>
          <level label="3">
            <text>meets all the other requirements of this section.</text>
          </level>
        </level>
        <level label="ii">
          <text>An heir who is not shown as the record title holder of the dwelling in the land records of the county may be granted the tax credit under this section for a maximum of 3 taxable years.</text>
        </level>
        <level label="iii">
          <text>After receiving the tax credit under this section for 3 taxable years, an heir may receive the tax credit under this section only if the heir is shown as the record title holder of the dwelling in the land records of the county.</text>
        </level>
      </level>
    </level>
    <level label="h">
      <text>The tax credit under this section shall be included on the homeowner’s property tax bill.</text>
    </level>
    <level label="i">
      <level label="1">
        <text>When property that has received a credit under this section for the current taxable year includes improvements that are removed from the assessment roll under § 10–304 of this article because of damage due to an accident or a natural disaster:</text>
        <level label="i">
          <text>the full benefit of the property tax abatement under § 10–304 of this article may not be diminished by the amount of the credit;</text>
        </level>
        <level label="ii">
          <text>the full benefit of that credit may not be diminished by the property tax abatement under § 10–304 of this article and shall be reflected in the assessment of the total property, including any new improvements, for the current taxable year; and</text>
        </level>
        <level label="iii">
          <text>the property shall be eligible to receive a credit under this section for the current taxable year and the two succeeding taxable years regardless of the existence or condition of the dwelling.</text>
        </level>
      </level>
      <level label="2">
        <text>Neither the calculation of the abatement nor the assessment under this subsection shall include an assessment less than zero.</text>
      </level>
    </level>
    <level label="j">
      <text>The Department shall adopt rules and regulations to implement this section.</text>
    </level>
    <level label="k">
      <text>The tax credit under this section shall be known as the homestead property tax credit.</text>
    </level>
    <level label="l">
      <text>The Comptroller shall:</text>
      <level label="1">
        <text>cooperate with the Department in adopting a procedure to audit the application forms submitted under this section;</text>
      </level>
      <level label="2">
        <text>notwithstanding § 13–202 of the Tax – General Article, provide additional information to the Department; and</text>
      </level>
      <level label="3">
        <text>assist the Department in a postaudit of each application.</text>
      </level>
    </level>
    <level label="m">
      <level label="1">
        <text>The counties shall reimburse the Department for the administration of the application process under subsection (d)(6) of this section.</text>
      </level>
      <level label="2">
        <text>For each fiscal year, the reimbursement required under this subsection shall be prorated based on the ratio of the number of improved properties that would be eligible for the credit under this section located in the county compared to the total number of improved residential properties eligible for the credit under this section statewide as of July 1 of that fiscal year.</text>
      </level>
      <level label="3">
        <text>The Department shall bill each county according to the formula under paragraph (2) of this subsection.</text>
      </level>
    </level>
    <level label="n">
      <level label="1">
        <text>A person who has been granted a property tax credit under this section and is subsequently found to not qualify for the credit by the Department shall be assessed all State, county, and municipal corporation property tax otherwise due for each taxable year the person did not qualify to receive the credit.</text>
      </level>
      <level label="2">
        <level label="i">
          <text>If a person is found by the Department to have willfully misrepresented facts regarding qualification for the property tax credit under this section, the person shall be assessed a penalty equal to 25% of the amount of the property tax credit received during each taxable year for which the person did not qualify.</text>
        </level>
        <level label="ii">
          <text>The amount of the penalty shall be separately itemized on the person’s property tax bill and constitutes a lien on the property until:</text>
          <level label="1">
            <text>payment of the penalty in full; or</text>
          </level>
          <level label="2">
            <text>if the property is sold in an action to foreclose on a mortgage or deed of trust:</text>
          </level>
          <level label="A">
            <text>a copy of the court order ratifying the foreclosure sale is provided to the supervisor of assessments for the county in which the residential property is located; or</text>
          </level>
          <level label="B">
            <text>an instrument of writing transferring the property is recorded in the land records of the county in which the property is located.</text>
          </level>
        </level>
      </level>
      <level label="3">
        <text>If a lien is released under paragraph (2)(ii)2 of this subsection, any unpaid penalty amount shall remain the personal liability of the person against whom the penalty was assessed.</text>
      </level>
      <level label="4">
        <text>A person may appeal a determination made under this subsection in accordance with the policies and procedures set forth in § 14–506 of this article.</text>
      </level>
    </level>
  </section>
  <section article="gtp" article_name="Tax - Property" number="9-105.1" title_number="9" title_name="Property Tax Credits and Property Tax Relief" subtitle_number="1" subtitle_name="Statewide Mandatory">
    <level label="a">
      <level label="1">
        <text>In this section the following words have the meanings indicated.</text>
      </level>
      <level label="2">
        <text>“Dwelling” has the meaning stated in § 9–105 of this subtitle.</text>
      </level>
      <level label="3">
        <text>“Homeowner” has the meaning stated in § 9–105 of this subtitle.</text>
      </level>
    </level>
    <level label="b">
      <text>On or before January 1 each year, Baltimore City shall mail a notice of the tax credit under § 9–105 of this subtitle to each homeowner in Baltimore City:</text>
      <level label="1">
        <text>who has not applied for the tax credit under § 9–105 of this subtitle; and</text>
      </level>
      <level label="2">
        <text>whose dwelling has an assessed value, when fully phased in, in the current 3–year assessment cycle that is more than 10% greater than the dwelling’s assessed value, when fully phased in, in the immediately preceding 3–year assessment cycle.</text>
      </level>
    </level>
    <level label="c">
      <text>The notice shall include:</text>
      <level label="1">
        <text>a copy of the application for the tax credit under § 9–105 of this subtitle; and</text>
      </level>
      <level label="2">
        <text>a separate insert that includes:</text>
        <level label="i">
          <text>the following statement in conspicuous type: “Because the value of your home has increased, the amount of property taxes you owe will also increase. But the amount of your tax increase will be significantly less if you qualify for the Homestead Property Tax Credit. You are strongly encouraged to apply for the Homestead Property Tax Credit.”; and</text>
        </level>
        <level label="ii">
          <text>any other relevant information, as determined by Baltimore City.</text>
        </level>
      </level>
    </level>
    <level label="d">
      <text>Baltimore City shall pay all costs to carry out this section.</text>
    </level>
    <level label="e">
      <text>On or before November 1 each year, the Department shall provide Baltimore City with a list of the homeowners to whom the notice must be mailed on or before the following January 1.</text>
    </level>
  </section>
  <section article="gtp" article_name="Tax - Property" number="9-106" title_number="9" title_name="Property Tax Credits and Property Tax Relief" subtitle_number="1" subtitle_name="Statewide Mandatory">
    <text>The governing body of a county or of a municipal corporation shall grant a property tax credit under this section against county or municipal corporation property tax imposed on property that is:</text>
    <level label="1">
      <text>owned by a local corporation affiliated with Ruritan International; and</text>
    </level>
    <level label="2">
      <text>actually used only for the purposes of the local corporation.</text>
    </level>
  </section>
  <section article="gtp" article_name="Tax - Property" number="9-107" title_number="9" title_name="Property Tax Credits and Property Tax Relief" subtitle_number="1" subtitle_name="Statewide Mandatory">
    <level label="a">
      <text>In this section, “conservation property” means land that is:</text>
      <level label="1">
        <text>unimproved;</text>
      </level>
      <level label="2">
        <text>not used for commercial purposes; and</text>
      </level>
      <level label="3">
        <text>subject to a perpetual conservation easement that is:</text>
        <level label="i">
          <text>donated to the Department of Natural Resources or the Maryland Environmental Trust and identifies the Department of Natural Resources or the Maryland Environmental Trust as a grantee under Title 3, Subtitle 2 of the Natural Resources Article; and</text>
        </level>
        <level label="ii">
          <text>accepted and approved by the Board of Public Works after June 30, 1986.</text>
        </level>
      </level>
    </level>
    <level label="b">
      <text>There shall be a property tax credit granted under this section against the property tax imposed on conservation property.</text>
    </level>
    <level label="c">
      <text>On or before October 1 of the taxable year for which property tax relief under this section is sought, an owner of conservation property may apply to the Department for the property tax credit. The application shall be made on the form that the Department provides.</text>
    </level>
    <level label="d">
      <text>The property tax credit provided under this section shall be granted against 100% of all property tax that otherwise would be due.</text>
    </level>
    <level label="e">
      <text>Conservation property shall be valued and assessed as provided in § 8-209.1 of this article.</text>
    </level>
    <level label="f">
      <text>A property tax credit granted under this section is effective for 15 consecutive tax years beginning July 1 following the donation of the easement.</text>
    </level>
  </section>
  <section article="gtp" article_name="Tax - Property" number="9-108" title_number="9" title_name="Property Tax Credits and Property Tax Relief" subtitle_number="1" subtitle_name="Statewide Mandatory">
    <level label="a">
      <text>Subject to subsection (b) of this section, the governing body of a county or municipal corporation shall grant a property tax credit under this section against the applicable county or municipal property tax imposed on vehicles valued as stock in business in an amount equal to:</text>
      <level label="1">
        <text>for the taxable year beginning July 1, 1990, 25% of the tax imposed on those vehicles; and</text>
      </level>
      <level label="2">
        <text>for the taxable year beginning July 1, 1991 and each taxable year thereafter, 50% of the tax imposed on those vehicles.</text>
      </level>
    </level>
    <level label="b">
      <text>In addition to the property tax credit required under subsection (a) of this section, for the taxable year beginning July 1, 2019, and each taxable year thereafter, the governing body of a county or municipal corporation may grant a property tax credit under this section against the applicable county or municipal property tax imposed on vehicles valued as stock in business in an amount up to 100% of the tax imposed on those vehicles.</text>
    </level>
    <level label="c">
      <text>In addition to the property tax credit required under subsection (a) of this section, the governing body of a county or municipal corporation shall grant a property tax credit under this section against the applicable county or municipal property tax imposed on vehicles valued as stock in business in an amount equal to any increase in property tax resulting from an increase in the percent of assessment over the percent of assessment which was in effect for fiscal year 1989.</text>
    </level>
  </section>
  <section article="gtp" article_name="Tax - Property" number="9-109" title_number="9" title_name="Property Tax Credits and Property Tax Relief" subtitle_number="1" subtitle_name="Statewide Mandatory">
    <level label="a">
      <text>The Mayor and the City Council of Baltimore City and the governing body of each county and of each municipal corporation shall grant a property tax credit under this section against the county or municipal corporation property tax imposed on real property if:</text>
      <level label="1">
        <text>the homeowner is otherwise eligible for the credit allowed under § 9-105 of this subtitle;</text>
      </level>
      <level label="2">
        <level label="i">
          <text>the dwelling is:</text>
          <level label="1">
            <text>damaged or destroyed due to a natural disaster; and</text>
          </level>
          <level label="2">
            <text>subsequently repaired or reconstructed;</text>
          </level>
        </level>
        <level label="ii">
          <text>the dwelling is revalued after the dwelling is repaired or reconstructed; and</text>
        </level>
        <level label="iii">
          <text>as a result of the revaluation, the assessment of the dwelling exceeds the last assessment of the dwelling; and</text>
        </level>
      </level>
      <level label="3">
        <text>the homeowner claiming the credit had a legal interest in the dwelling at the time the dwelling was damaged or destroyed as described under item (2) of this subsection.</text>
      </level>
    </level>
    <level label="b">
      <text>The amount of the property tax credit allowed under this section shall equal 100% of the property tax attributable to an increase in the assessment of the dwelling upon revaluation under § 8-104(c)(1)(iii) of this article, including improvements, over the last assessment of the dwelling before the natural disaster, less the amount of any assessment on which a property tax credit under § 9-105 of this subtitle has been authorized.</text>
    </level>
    <level label="c">
      <text>A credit under this section may not be granted for more than 5 years.</text>
    </level>
    <level label="d">
      <text>The Mayor and City Council of Baltimore City or the governing body of a county or municipal corporation shall:</text>
      <level label="1">
        <text>establish procedures or requirements for the application, review, and approval of tax credits under this section; and</text>
      </level>
      <level label="2">
        <text>notify the Department of any credits that have been granted under this section.</text>
      </level>
    </level>
    <level label="e">
      <text>The credit under this section may not be claimed for a dwelling for which repair or reconstruction is completed before September 18, 2003.</text>
    </level>
  </section>
  <section article="gtp" article_name="Tax - Property" number="9-110" title_number="9" title_name="Property Tax Credits and Property Tax Relief" subtitle_number="1" subtitle_name="Statewide Mandatory">
    <level label="a">
      <level label="1">
        <text>In this section the following words have the meanings indicated.</text>
      </level>
      <level label="2">
        <text>“Business entity” has the meaning stated in § 6–801 of the Economic Development Article.</text>
      </level>
      <level label="3">
        <text>“Eligible project” has the meaning stated in § 6–801 of the Economic Development Article.</text>
      </level>
      <level label="4">
        <text>“New business entity” has the meaning stated in § 6–801 of the Economic Development Article.</text>
      </level>
      <level label="5">
        <text>“Qualified business entity” means a new business entity operating an eligible project in a Tier I area, as defined under § 6–801 of the Economic Development Article, if the business entity received a certificate under § 6–805 of the Economic Development Article before June 1, 2022.</text>
      </level>
      <level label="6">
        <text>“Qualified position” has the meaning stated in § 6–801 of the Economic Development Article.</text>
      </level>
      <level label="7">
        <text>“Qualified property” means real property where an eligible project is located.</text>
      </level>
    </level>
    <level label="b">
      <level label="1">
        <text>There is a credit against the State property tax under this section imposed on real property owned by a qualified business entity enrolled in the More Jobs for Marylanders Program established under Title 6, Subtitle 8 of the Economic Development Article.</text>
      </level>
      <level label="2">
        <level label="i">
          <text>With respect to qualified property of a business entity described under § 6–801(c)(1)(i) of the Economic Development Article, the property tax credit provided under this section is equal to 100% of all State property tax that is due.</text>
        </level>
        <level label="ii">
          <text>With respect to qualified property of a business entity other than a business entity described under § 6–801(c)(1)(i) of the Economic Development Article, the property tax credit provided under this section is equal to the lesser of:</text>
          <level label="1">
            <text>100% of all State property tax that is due; or</text>
          </level>
          <level label="2">
            <text>an amount not exceeding $250 per qualified position filled at the qualified property.</text>
          </level>
        </level>
      </level>
      <level label="3">
        <text>The property tax credit provided under this section does not affect the amount of the county or municipal corporation property tax imposed on the property.</text>
      </level>
    </level>
    <level label="c">
      <text>By June 15 each year, the Department shall submit to the Department of Commerce a list that includes:</text>
      <level label="1">
        <text>the location of each qualified property;</text>
      </level>
      <level label="2">
        <text>the amount of the base year value for each qualified property; and</text>
      </level>
      <level label="3">
        <text>the amount of the State property tax assessed against each qualified property.</text>
      </level>
    </level>
  </section>
  <section article="gtp" article_name="Tax - Property" number="9-111" title_number="9" title_name="Property Tax Credits and Property Tax Relief" subtitle_number="1" subtitle_name="Statewide Mandatory">
    <level label="a">
      <level label="1">
        <text>In this section the following words have the meanings indicated.</text>
      </level>
      <level label="2">
        <text>“Brownfield” has the meaning stated in § 7–237 of this article.</text>
      </level>
      <level label="3">
        <text>“Qualified property” means a brownfield, landfill, or clean fill on which a community solar energy generating system, as defined under § 7–306.2 of the Public Utilities Article, is installed.</text>
      </level>
    </level>
    <level label="b">
      <level label="1">
        <text>The Mayor and City Council of Baltimore City and the governing body of each county and of each municipal corporation shall grant a property tax credit under this section against the county or municipal corporation property tax imposed on a qualified property.</text>
      </level>
      <level label="2">
        <text>In addition to the property tax credit provided under paragraph (1) of this subsection, there is a credit against the State property tax that is imposed on qualified property.</text>
      </level>
    </level>
    <level label="c">
      <text>The amount of the property tax credit allowed under this section shall equal 50% of the State, county, or municipal corporation property tax that is imposed on the eligible assessment of qualified property.</text>
    </level>
    <level label="d">
      <text>The property tax credit under this section may be granted only through the life cycle of a community solar energy generating system if the system installed on the qualified property:</text>
      <level label="1">
        <text>is placed in service after June 30, 2022; and</text>
      </level>
      <level label="2">
        <text>has been approved by the Public Service Commission under § 7–306.2 of the Public Utilities Article on or before December 31, 2025.</text>
      </level>
    </level>
    <level label="e">
      <text>On or before June 15 each year, the Department shall submit to the Public Service Commission a list that includes:</text>
      <level label="1">
        <text>the location of each qualified property;</text>
      </level>
      <level label="2">
        <text>the amount of the base year value for each qualified property; and</text>
      </level>
      <level label="3">
        <text>the amount of the property tax assessed against each qualified property.</text>
      </level>
    </level>
  </section>
</subtitle>