§ 8-716. Title fees and taxes
West's Annotated Code of MarylandNatural ResourcesEffective: April 11, 2017
Effective: April 11, 2017
MD Code, Natural Resources, § 8-716
§ 8-716. Title fees and taxes
(i) As to the sale of any vessel by a licensed dealer or a dealer licensed by another state or a foreign country, the total purchase price, as certified by the dealer on a form acceptable to the Department, less the value of any vessel that is traded in as part of the consideration for the sale, which trade-in value may not exceed the value for the trade-in vessel as shown in a national publication of used vessel values adopted by the Department;
(6) “Used principally in this State” means that this State is the state of principal use as defined in § 8-701(p) of this subtitle, except that in calculating where the vessel is used or used most, a vessel is not considered to be in use for any period of time that it is held for maintenance, repair, or commissioning for 30 consecutive days or more.
(b) The Department shall charge a $2 fee to issue a certificate of title, a transfer of title, or a duplicate or corrected certificate of title.
(c)(1) Subject to the limitation under paragraph (3) of this subsection and except as provided in § 8-715(d) of this subtitle and in subsections (e) and (f) of this section, and in addition to the fees prescribed in subsection (b) of this section, an excise tax is levied at the rate of 5% of the fair market value of the vessel on:
(2) Notwithstanding the provisions of this subsection, no tax is paid on issuance of any certificate of title if the owner of the vessel for which a certificate of title is sought was the owner of the vessel prior to June 1, 1965, or paid Maryland sales and use tax on the vessel as required by law at the time of acquisition. The Department may require the applicant for titling to submit satisfactory proof that the applicant owned the vessel prior to June 1, 1965.
(d) If the tax is not collected by a licensed dealer pursuant to § 8-716.1 of this subtitle, the owner, whether or not applying for the issuance of a title, shall remit the tax directly to the Department within 30 days of the date of sale or, in the case of a vessel purchased outside the State, within 30 days of the date upon which the possession within the State became subject to the tax.
(e) A person is not required to pay the tax provided for in subsection (c) of this section resulting from:
(f)(1) This subsection applies to possession within the State of a vessel if:
(ii) If the rate of the tax paid to the other jurisdiction is less than the rate under subsection (c) of this section, the rate of the tax imposed under subsection (c) of this section on possession of the vessel within the State is the difference between the tax rate paid to the other jurisdiction and the rate under subsection (c) of this section; and
(g)(1) A person may claim a credit against any tax imposed under subsection (c) of this section on a vessel for sales tax the person has paid to the State, to another state, or to the District of Columbia on materials and equipment that are incorporated into the vessel, if:
(h) If the Department determines there has been an overpayment of the tax on a vessel, or an overpayment has resulted for any other reason, the Department may submit the overpayment and supporting data whether accompanied by a written claim or not to the State Comptroller for refund to the appropriate person.
(i)(1) For purposes of subsection (a) (4) of this section, a vessel is deemed to be held for maintenance, repair, or commissioning if:
Credits
Added by Acts 1973, 1st Sp. Sess., c. 4, § 1, eff. Jan. 1, 1974. Amended by Acts 1974 c. 864, § 3; Acts 1975, c. 55; Acts 1976, c. 391; Acts 1977, c. 673; Acts 1981, c. 203; Acts 1981, c. 481; Acts 1983, c. 8; Acts 1986, c. 828, § 1; Acts 1987, c. 126, § 6; Acts 1988, c. 110, § 1; Acts 1988, c. 729; Acts 1988, c. 743, §§ 1, 2; Acts 1989, c. 5, § 1; Acts 1990, c. 6, § 2; Acts 1990, c. 164; Acts 1992, c. 22, § 1; Acts 1994, c. 434, § 1, eff. Jan. 1, 1995; Acts 1997, c. 382, § 1, eff. July 1, 1997; Acts 1998, c. 485, § 1, eff. July 1, 1998; Act 1999, c. 33, § 1, eff. April 13, 1999; Acts 2000, c. 61, § 7, eff. April 25, 2000; Acts 2000, c. 276, § 1, eff. July 1, 2000; Acts 2001, c. 29, § 5, eff. April 10, 2001; Acts 2002, c. 272, § 2, eff. Oct. 1, 2002; Acts 2004, c. 207, § 1, eff. July 1, 2004; Acts 2004, c. 207, § 2, eff. July 1, 2005; Acts 2004, c. 460, § 1, eff. July 1, 2005; Acts 2006, c. 73, § 1, eff. April 11, 2006; Acts 2006, c. 74, § 1, eff. June 1, 2006; Acts 2006, c. 130, § 1, eff. Oct. 1, 2006; Acts 2007, c. 5, § 7, eff. March 22, 2007; Acts 2007, c. 117, § 1, eff. July 1, 2007; Acts 2007, c. 118, § 1, eff. July 1, 2007; Acts 2012, c. 66, § 6, eff. April 10, 2012; Acts 2013, c. 180, § 1, eff. July 1, 2013; Acts 2016, c. 656, § 1, eff. June 1, 2016; Acts 2016, c. 657, § 1, eff. June 1, 2016; Acts 2017, c. 61, § 1, eff. April 11, 2017.
Formerly Art. 14B, §§ 4E, 4F, 6.
MD Code, Natural Resources, § 8-716, MD NAT RES § 8-716
Current with all legislation from the 2023 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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