Md. Code Regs. 18.13.02.05

Current through Register Vol. 51, No. 22, November 1, 2024

Section 18.13.02.05 - Reports of Transfers

A. A real property entity shall file the report required by Tax-Property Article, §12-117(d), Annotated Code of Maryland:

(1) On a form required by the Department; and

(2) Under the signed oath of an individual who has authority to bind the real property entity.

B. Reports of transfers of controlling interest shall be filed with the Department within 30 days of the final transfer, regardless of the application of any exemption.

C. If there is a transfer of an interest in an entity where the value of the real property interest held by that entity is between 70 percent and 80 percent of the value of its assets, that entity may file a report with the Department to reflect that the transfer has occurred without the payment of recordation or transfer taxes.

D. If there is a transfer of an interest in a real property entity and its value is between 50 percent and the controlling interest percentage standard, that entity may file a report with the Department to reflect that the transfer has occurred without the payment of recordation or transfer taxes.

E. The fact that the Department accepts a permissive filing under this regulation without the payment of recordation or transfer taxes does not estop it from subsequently determining that the transfer reflected in that filing was taxable.

F. The filing of a report of transfer under Tax-Property Article, §12-117, Annotated Code of Maryland, or this regulation does not create a requirement to qualify or register with the Department under the Corporations and Associations Article, Annotated Code of Maryland, unless otherwise required by law.

Md. Code Regs. 18.13.02.05