<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".02" citation="COMAR 03.04.12.02" title_num="03" subtitle_num="04" chapter_num="12" heading="Definitions.">
  <paragraph num="A.">
    <text>In this chapter, the following terms have the meanings indicated.</text>
  </paragraph>
  <paragraph num="B.">
    <text>Terms Defined.</text>
    <paragraph num="(1)">
      <text>“Clerk” means clerk of the circuit court for any county of the State or Baltimore City.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>“Debt incurred in contemplation of sale” means a debt secured by a mortgage, deed of trust, or other instrument on the property being sold with an effective date of not earlier than 90 days before the date of sale.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>“Department” means the Department of Assessments and Taxation.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>“Installment sale” means any sale:</text>
      <paragraph num="(a)">
        <text>In which at least one payment is scheduled after the end of the tax year in which the transfer occurred; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Treated as an installment sale for federal income tax purposes under §453 of the Internal Revenue Code (26 U.S.C. §453).</text>
      </paragraph>
    </paragraph>
    <paragraph num="(5)">
      <text>“Like-kind exchange” means an exchange of property within the provisions of §1031 of the Internal Revenue Code (26 U.S.C. §1031).</text>
    </paragraph>
    <paragraph num="(6)">
      <text>Net Proceeds.</text>
      <paragraph num="(a)">
        <text>“Net proceeds” means the total sales price paid to the transferor less:</text>
        <paragraph num="(i)">
          <text>Debts of the transferor secured by a mortgage or other lien on the property being transferred that are being paid upon the sale or exchange of the property, except debts incurred in contemplation of sale; and</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Other expenses of the transferor arising out of the sale or exchange of the property and disclosed on a settlement statement prepared in connection with the sale or exchange of the property, not including adjustments in favor of the transferee.</text>
        </paragraph>
      </paragraph>
      <paragraph num="(b)">
        <text>“Net proceeds” does not include adjustments in favor of the transferor that are disclosed on a settlement statement prepared in connection with the sale or exchange of the property.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(7)">
      <text>“Nonresident entity” means an entity that:</text>
      <paragraph num="(a)">
        <text>Is not formed under the laws of the State more than 90 days before the date of sale of the property; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Is not qualified by or registered with the Department of Assessments and Taxation to do business in the State more than 90 days before the date of sale of the property.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(8)">
      <text>“Principal residence” means a residence that is described in §121 of the Internal Revenue Code (26 U.S.C. §121).</text>
    </paragraph>
    <paragraph num="(9)">
      <text>“Real estate reporting person” has the meaning stated in §6045(e)(2) of the Internal Revenue Code (26 U.S.C. §6045(e)(2)).</text>
    </paragraph>
    <paragraph num="(10)">
      <text>“Resident” means an individual as defined in Tax-General Article, §10-101(k), Annotated Code of Maryland.</text>
    </paragraph>
    <paragraph num="(11)">
      <text>“Resident entity” means an entity that:</text>
      <paragraph num="(a)">
        <text>Is formed under the laws of the State more than 90 days before the date of sale of the property; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Is formed under the laws of another state and is qualified by or registered with the Department of Assessments and Taxation to do business in the State more than 90 days before the date of sale of the property.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(12)">
      <text>“Transferor” means:</text>
      <paragraph num="(a)">
        <text>The person or entity named as grantor on the deed that records the sale or exchange of the property; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>In the case of an LLC, where the sole member is an individual or two married individuals, the entity described in §B(12)(a) of this regulation or the member or members of the LLC.</text>
      </paragraph>
    </paragraph>
  </paragraph>
</regulation>