Maryland Statutes
Subtitle 4 - County Transfer Taxes -- in General
Section 13-407 - Limitations on County Transfer Taxes

(a)    In this section, “total rate of tax” means the rate of tax imposed for the agricultural land transfer tax under § 13–303(a) of this title plus the rate of tax for a county transfer tax imposed under this section.
    (b)    (1)    Unless a greater rate of tax was imposed before July 1, 1979, a county may not impose county transfer tax on a transfer subject to the agricultural land transfer tax under Subtitle 3 of this title at a rate greater than the county rate applicable to the transfer of improved residential property in that county.
        (2)    If a county has imposed a county transfer tax at a rate that exceeds the rate applicable to the transfer of improved residential property, the total rate of tax that applies to a transfer subject to the agricultural land transfer tax may not exceed 5% plus the rate that applies to improved residential property under the county transfer tax.
        (3)    If the total rate of tax that applies to a transfer subject to the agricultural land transfer tax exceeds the maximum rate allowed under paragraph (2) of this subsection:
            (i)    the agricultural land transfer tax is payable at the rate specified in § 13–303(a) of this title; and
            (ii)    the rate of the county transfer tax shall be reduced as necessary to comply with the 5% limit.
    (c)    After July 1, 1979, for the transfer of land subject to the agricultural land transfer tax, a county may not:
        (1)    impose a county transfer tax at a rate above the rate that was in effect on July 1, 1979; or
        (2)    increase the rate of a county transfer tax above the rate that was in effect on July 1, 1979.

Structure Maryland Statutes