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<section article="gtr" article_name="Transportation" number="13-809" title_number="13" title_name="Vehicle Laws -- Certificates of Title and Registration of Vehicles" subtitle_number="8" subtitle_name="Titling Fees and Taxes">
  <level label="a">
    <level label="1">
      <text>In this section the following words have the meanings indicated.</text>
    </level>
    <level label="2">
      <text>“Fair market value” means:</text>
      <level label="i">
        <text>As to the sale of any new or used vehicle by a licensed dealer, the total purchase price, as certified by the dealer;</text>
      </level>
      <level label="ii">
        <text>Except as provided in item (iv) of this paragraph, as to a used vehicle that is sold by any person other than a licensed dealer and that has a designated model year that is 7 years old or older, the greater of:</text>
        <level label="1">
          <text>The total purchase price; or</text>
        </level>
        <level label="2">
          <text>$640;</text>
        </level>
      </level>
      <level label="iii">
        <text>Except as provided in item (iv) of this paragraph, as to any other used vehicle that is sold by any person other than a licensed dealer:</text>
        <level label="1">
          <text>The total purchase price, if the total purchase price is less than $500 below the retail value of the vehicle as shown in a national publication of used car values adopted for use by the Department; or</text>
        </level>
        <level label="2">
          <text>If the total purchase price is $500 or more below the retail value of the vehicle as shown in a national publication of used car values adopted for use by the Department, the valuation shown in the national publication of used car values;</text>
        </level>
      </level>
      <level label="iv">
        <text>As to a used trailer, a motor scooter, a moped, or an off–highway recreational vehicle that is sold by any person other than a licensed dealer, the greater of:</text>
        <level label="1">
          <text>The total purchase price; or</text>
        </level>
        <level label="2">
          <text>$320; and</text>
        </level>
      </level>
      <level label="v">
        <text>In any other case, the valuation shown in a national publication of used car values adopted for use by the Department.</text>
      </level>
    </level>
    <level label="3">
      <level label="i">
        <text>Subject to subparagraphs (ii) and (iii) of this paragraph, “total purchase price” means the price of a vehicle agreed on by the buyer and the seller, including any dealer processing charge, less an allowance for trade–in but with no allowance for other nonmonetary consideration.</text>
      </level>
      <level label="ii">
        <text>As to a person trading in a nonleased vehicle to enter into a lease for a period of more than 180 consecutive days, “total purchase price” means the retail value of the vehicle as certified by the dealer, including any dealer processing charge, less an allowance for the trade–in of the nonleased vehicle but with no allowance for other nonmonetary consideration.</text>
      </level>
      <level label="iii">
        <text>As to a person trading in a leased vehicle to enter into another lease for a period of more than 180 consecutive days with a different leasing company or to purchase a vehicle, “total purchase price” means the retail value of the vehicle as certified by the dealer, including any dealer processing charge, less an allowance for the trade–in of the leased vehicle but with no allowance for other nonmonetary consideration.</text>
      </level>
    </level>
    <level label="4">
      <text>“Trailer” has the meaning stated in § 11–169 of this article.</text>
    </level>
  </level>
  <level label="b">
    <level label="1">
      <text>Except as otherwise provided in this part, in addition to any other charge required by the Maryland Vehicle Law, an excise tax is imposed:</text>
      <level label="i">
        <text>For each original and each subsequent certificate of title issued in this State for a motor vehicle, a trailer, a semitrailer, a moped, a motor scooter, or an off–highway recreational vehicle for which sales and use tax is not collected at the time of purchase; and</text>
      </level>
      <level label="ii">
        <text>Except as provided in paragraph (2) of this subsection, for each motor vehicle, trailer, or semitrailer that is in interstate operation and registered under § 13–109(c) or (d) of this title without a certificate of title.</text>
      </level>
    </level>
    <level label="2">
      <level label="i">
        <text>An excise tax of $50 is imposed for the registration of a trailer exempt from the titling requirement under § 13–102(12) of this title.</text>
      </level>
      <level label="ii">
        <text>In a case where the fair market value as defined in subsection (a)(2)(iii)2A of this section applies, the excise tax imposed under this part may not be less than $32.</text>
      </level>
    </level>
    <level label="3">
      <text>A political subdivision of the State may not impose a sales tax, a use tax, or excise tax on the issuance of a motor vehicle certificate of title.</text>
    </level>
  </level>
  <level label="c">
    <level label="1">
      <text>Except as provided in subsection (b)(2) of this section, the tax imposed by this section is:</text>
      <level label="i">
        <text>Except as provided in item (ii) of this paragraph, 6.5% of the fair market value of the vehicle; or</text>
      </level>
      <level label="ii">
        <text>For a rental vehicle, 3.5% of the fair market value of the vehicle.</text>
      </level>
    </level>
    <level label="2">
      <text>If the vehicle formerly was a vehicle exempt from the tax imposed by this section, the tax shall be reduced by any amount previously paid by the present owner as a sales and use tax on the vehicle under Title 11 of the Tax – General Article.</text>
    </level>
    <level label="3">
      <level label="i">
        <text>If the vehicle was formerly titled and registered in another state and the present owner has paid a sales or excise tax to that state at a rate less than that imposed by this State, then the tax imposed shall apply but at a rate measured by the difference only between the tax rate paid to the other state and the tax rate imposed by this section, if the present owner has not been a Maryland resident for more than 60 days.</text>
      </level>
      <level label="ii">
        <text>If the vehicle was formerly titled and registered in another state and the present owner requests to transfer the vehicle in accordance with § 13–810(c)(1) of this subtitle, the Administration shall change or correct the names contained in the certificate of title:</text>
        <level label="1">
          <text>At the time the excise tax that is credited or imposed under this section is paid and a new title is issued; and</text>
        </level>
        <level label="2">
          <text>Without issuing multiple certificates of title or charging additional fees.</text>
        </level>
      </level>
      <level label="iii">
        <text>Except as provided in subsection (b)(2) of this section, the minimum tax imposed under this section shall be $100.</text>
      </level>
    </level>
  </level>
  <level label="d">
    <text>Each applicant for a certificate of title or for registration under § 13–109(c) of this title shall submit to the Administration the information that the Administration considers necessary as to:</text>
    <level label="1">
      <text>The time of purchase of the vehicle; and</text>
    </level>
    <level label="2">
      <text>The purchase price and other information relating to the determination of the fair market value of the vehicle which may include, but is not limited to:</text>
      <level label="i">
        <text>Canceled checks;</text>
      </level>
      <level label="ii">
        <text>Money order receipts;</text>
      </level>
      <level label="iii">
        <text>Loan documents; or</text>
      </level>
      <level label="iv">
        <text>A written description of the vehicle’s condition.</text>
      </level>
    </level>
  </level>
  <level label="e">
    <text>Any person who fails to pay the excise tax as required in this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000.</text>
  </level>
  <level label="f">
    <text>The Administration shall adopt regulations to implement the provisions of this section.</text>
  </level>
</section>
