(a) The sales and use tax does not apply to a casual and isolated sale by a person who regularly does not sell tangible personal property, a digital code, a digital product, or a taxable service if:
(1) the sale price is less than $1,000; and
(2) the sale is not made through an auctioneer or a dealer.
(b) The sales and use tax does not apply to a distribution of tangible personal property, a digital code, or a digital product by:
(1) a corporation or joint–stock company to its stockholders as a liquidating distribution;
(2) a partnership to a partner; or
(3) a limited liability company to a member.
(c) (1) The sales and use tax does not apply to a transfer of tangible personal property, a digital code, or a digital product:
(i) under a reorganization within the meaning of § 368(a) of the Internal Revenue Code;
(ii) on organization of a corporation or joint–stock company, to the corporation or company principally in consideration for the issuance of its stock;
(iii) to a partnership only as a contribution to its capital or in consideration for a partnership interest in the partnership; or
(iv) to a limited liability company only as a capital contribution or in consideration for an interest in the limited liability company.
(2) For a transfer that would qualify as a casual and isolated sale under subsection (a) of this section if the sale price limitation were disregarded, the amount of liability transferred to or assumed by a corporation, joint–stock company, partnership, or limited liability company shall be excluded from the consideration transferred by the corporation, joint–stock company, partnership, or limited liability company in exchange for the tangible personal property, digital code, or digital product to determine whether the transfer is made:
(i) principally in consideration for the issuance of stock of a corporation or joint–stock company;
(ii) only as a contribution to the capital of a partnership or in consideration for a partnership interest; or
(iii) only as a capital contribution to a limited liability company or in consideration for an interest in a limited liability company.
Structure Maryland Statutes
Section 11-201 - Agricultural Purposes and Products
Section 11-201.1 - Sale of Tangible Personal Property Through Bulk Vending Machine
Section 11-204 - Exempt Charitable or Nonprofit Sales
Section 11-208 - Interstate or Foreign Commerce or Use in Another State
Section 11-209 - Casual and Isolated Sale; Distribution or Transfer of Tangible Personal Property
Section 11-210 - Machinery and Equipment
Section 11-212 - Mining Purpose
Section 11-214 - Nonresident Property
Section 11-214.1 - Precious Metal Bullion and Coins
Section 11-215 - Printing Use and Publications
Section 11-216 - Property for Use in Another State
Section 11-217 - Research and Development Purpose
Section 11-218 - Seafood Harvesting Purposes
Section 11-220 - State or Political Subdivision
Section 11-221 - Taxation by Other Law
Section 11-222 - Testing Equipment
Section 11-223 - Transportation Services
Section 11-225 - Computer Programs
Section 11-226 - Appliances Meeting Certain Efficiency Requirements
Section 11-227 - Property or Service Used Directly in Film Production Activity
Section 11-228 - Tax-Free Period
Section 11-229 - Sale of Electricity, Fuel, and Utilities for Production of Snow
Section 11-230 - Sale of Geothermal Equipment or Solar Energy Equipment
Section 11-231 - Lodging at Corporate Training Center
Section 11-232 - Redevelopment Areas
Section 11-233 - Light Rail Transit Vehicle
Section 11-237 - Aircraft Parts and Equipment -- Sales and Use Tax Exemption -- Annual Report
Section 11-240 - Licensed Caterers -- Sales and Use Tax Exemption for Certain Materials Used
Section 11-242 - Sales and Use Tax Exemption in Certain Federal Facilities Redevelopment Areas