Chapter 03. Homestead Property Tax Credit Program
Regulation .01 Definitions.LinkCopy Citation
A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Actually occupied” means that the homeowner physically resides in the dwelling for the required time period.
(2)
“Expected to be actually occupied” means the homeowner intends to reside in the dwelling for the required time period except for an unforeseen absence due to illness or need of hospitalization or special care.
(3)
“Principal residence” is the one dwelling where the homeowner regularly resides and is the location designated by the owner for the legal purposes of voting, obtaining a driver's license, and filing income tax returns.
Regulation .02 Verification of Owner Occupancy.LinkCopy Citation
The Department may request documentation to verify that a dwelling is the principal residence of a homeowner. This documentation may include, but is not limited to, requiring an individual to execute a sworn affidavit regarding residency for purposes of voting, driver's license address, and income tax filing. Failure to provide the requested information within 30 days from the date of a request shall result in a dwelling being designated as non-owner-occupied for purposes of the Homestead Property Tax Credit.
Regulation .03 Cooperative Corporations.LinkCopy Citation
A.
Pursuant to Tax-Property Article, §9-105, Annotated Code of Maryland, dwellings occupied through membership in a cooperative corporation are eligible for the Homestead Property Tax Credit.
B.
The following information shall be provided for the Department to administer the credit:
(1)
For a dwelling's initial eligibility for the credit:
(a)
The name of any individuals holding membership in the cooperative corresponding to the dwelling; and
(b)
Documentation under Tax-Property Article, §2-218, Annotated Code of Maryland, verifying that the dwelling is the principal residence of the individuals holding that membership; and
(2)
For a dwelling whose occupants change due to a change of membership in the cooperative:
(a)
The name of any individuals acquiring membership in the cooperative corresponding to the dwelling;
(b)
The date the membership was acquired;
(c)
Whether consideration was given for the membership; and
(d)
Documentation under Tax-Property Article, §2-218, Annotated Code of Maryland, verifying that the dwelling is the principal residence of the individuals holding that membership.
C.
The information required by §B of this regulation shall be provided:
(1)
To the Department's local assessment offices;
(2)
Under the signed oath of the individuals holding membership in the cooperative corresponding to the dwelling; and
(3)
On a form furnished by the Department.
D.
The information required by §B(2) of this regulation shall be provided within 60 days of the date that a change of membership in the cooperative occurs.
E.
Failure or refusal to provide the information required by §B of this regulation will result in a dwelling being designated as not a principal residence for purposes of the credit.
Chapter annotations
Authority: Tax-Property Article, §§2-201, 2-202, 2-218, and 9-105, Annotated Code of Maryland
History: Effective date: November 8, 1993 (20:22 Md. R. 1709)
History: Regulation .03 adopted effective June 30, 2008 (35:13 Md. R. 1181)