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<section article="gtr" article_name="Transportation" number="15-608" title_number="15" title_name="Vehicle Laws -- Licensing of Businesses and Occupations" subtitle_number="6" subtitle_name="Title Service Agents">
  <level label="a">
    <text>A title service agent that, on behalf of the Administration, collects and remits the vehicle excise tax imposed under Title 13, Subtitle 8 of this article may keep the lesser of $12 per vehicle or 0.6% of the gross excise tax that the title service agent collects.</text>
  </level>
  <level label="b">
    <text>Each title service agent that collects any tax or fee required for titling a vehicle shall:</text>
    <level label="1">
      <text>Keep complete and accurate records of each taxable sale, together with a record of the tax collected on the sale;</text>
    </level>
    <level label="2">
      <text>Keep copies of every invoice, bill of sale, and other pertinent documents and records, in the form that the Administration requires; and</text>
    </level>
    <level label="3">
      <text>Preserve these records in original form for at least 3 years, unless the Administration consents in writing to their earlier destruction or, by order, requires that they be kept for a longer period.</text>
    </level>
  </level>
  <level label="c">
    <text>Each title service agent that collects any tax or fee required for titling a vehicle shall, during business hours, allow any representative of the Administration and any police officer full access to the documents and records required to be kept under subsection (b) of this section.</text>
  </level>
  <level label="d">
    <text>If the Administration finds that the records of a title service agent are inadequate or incorrect and that the amount of excise tax collected for the Administration on these sales cannot be determined accurately from the records:</text>
    <level label="1">
      <text>The Administration shall determine the taxable sales facilitated by the title service agent for the period involved and compute the tax from the best information available; and</text>
    </level>
    <level label="2">
      <text>The determination and computation of the Administration are prima facie correct.</text>
    </level>
  </level>
  <level label="e">
    <level label="1">
      <text>If, under subsection (d) of this section, the Administration determines the taxable sales of vehicles facilitated by the title service agent and computes the tax due, the Administration shall:</text>
      <level label="i">
        <text>Levy an assessment against the title service agent for the deficiency, interest, and penalties in the manner authorized in §§ 13–401, 13–601, and 13–701 of the Tax – General Article; and</text>
      </level>
      <level label="ii">
        <text>Notify the title service agent of the tax due and the amount of the deficiency assessment.</text>
      </level>
    </level>
    <level label="2">
      <text>If the title service agent fails to pay the tax and assessment within 10 days after receiving the notice from the Administration, the Administration may levy, in addition to the tax and assessment, a penalty equal to 25% of the tax due.</text>
    </level>
  </level>
  <level label="f">
    <text>If a title service agent fails to keep any records of sales of vehicles, the Administration may compute the tax due as provided in § 13–407 of the Tax – General Article.</text>
  </level>
  <level label="g">
    <text>All amounts received from a title service agent under this section shall be credited:</text>
    <level label="1">
      <text>First, to any penalty and interest accrued under this section; and</text>
    </level>
    <level label="2">
      <text>Then, to the tax due.</text>
    </level>
  </level>
</section>
