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§ 15-608. Collection of taxes or fees required for titling vehicle

West's Annotated Code of MarylandTransportationEffective: October 1, 2018

West's Annotated Code of Maryland
Transportation
Title 15. Vehicle Laws--Licensing of Businesses and Occupations (Refs & Annos)
Subtitle 6. Title Service Agents (Refs & Annos)
Effective: October 1, 2018
MD Code, Transportation, § 15-608
§ 15-608. Collection of taxes or fees required for titling vehicle
Currentness
Amount of collected tax kept by agent
(a) 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.
Recordkeeping requirements
(b) Each title service agent that collects any tax or fee required for titling a vehicle shall:
(1) Keep complete and accurate records of each taxable sale, together with a record of the tax collected on the sale;
(2) Keep copies of every invoice, bill of sale, and other pertinent documents and records, in the form that the Administration requires; and
(3) 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.
Access to tax records
(c) 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.
Inadequate or incorrect records
(d) 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:
(1) 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
(2) The determination and computation of the Administration are prima facie correct.
Deficiency assessments by Administration
(e)(1) 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:
(i) 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
(ii) Notify the title service agent of the tax due and the amount of the deficiency assessment.
(2) 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.
Computation of tax due by Administration
(f) 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.
Amounts received from agent
(g) All amounts received from a title service agent under this section shall be credited:
(1) First, to any penalty and interest accrued under this section; and
(2) Then, to the tax due.

Credits

Added by Acts 2018, c. 512, § 1, eff. Oct. 1, 2018.
MD Code, Transportation, § 15-608, MD TRANS § 15-608
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
End of Document