§ 9-310

Maryland § 9-310

• Jurisdiction: Maryland
• Article gtp: Tax - Property
• Title: 9

Text

(a) The governing body of Charles County may grant, by law, a property tax credit under this section against the county tax imposed on:

(1) real property that is:

(i) owned by a nonprofit community or civic improvement association or corporation; and

(ii) used only for a community, civic, educational, recreational, or library purpose, if:

1. unless the compensation is used only to improve or maintain the property, the use is not contingent on the payment of compensation for admission; and

2. unless the compensation is used only to improve or maintain the property, failure to pay compensation is not a reason to deny admission to or use of the property;

(2) real property that is owned by the Greater Waldorf Jaycees, Incorporated;

(3) real property that is owned by the Southern Maryland Youth Organization, Incorporated;

(4) agricultural land, including any farm improvement, that is located in an agricultural preservation district;

(5) a building other than a tobacco barn that is:

(i) located on land that qualifies for an agricultural use assessment; and

(ii) used in connection with an activity that is recognized by the Department as an approved agricultural activity;

(6) real property that is owned by Habitat for Humanity or any charitable organization holding that property with the intention of relinquishing ownership in the immediate future for charitable purposes;

(7) subject to subsection (b) of this section, real property:

(i) that is located in a rural legacy area as defined in § 5–9A–02 of the Natural Resources Article; and

(ii) for which the property owner has sold the development rights under the Rural Legacy Program established under Title 5, Subtitle 9A of the Natural Resources Article; and

(8) subject to subsection (c) of this section, residential real property that is located in a designated targeted area and has been converted from a rental dwelling to an owner–occupied dwelling.

(b) The governing body of Charles County may provide for the conditions of eligibility and method of application for and the amount of the property tax credit authorized under subsection (a)(7) of this section.

(c) (1) The governing body of Charles County may, by law after a public hearing, designate as eligible for the tax credit under subsection (a)(8) of this section and the recordation tax exemption authorized under § 12–114 of this article geographically defined targeted areas of the county that the governing body determines are in transition from predominantly owner–occupied homes to predominantly rental dwellings.

(2) The governing body of Charles County may provide by law for:

(i) any criteria for eligibility, conditions, or restrictions for a credit authorized under subsection (a)(8) of this section;

(ii) provisions to define, fix, or limit the amount, terms, scope, and duration of a credit authorized under subsection (a)(8) of this section; and

(iii) any other provision appropriate to implement the credit authorized under subsection (a)(8) of this section.

(d) The governing body of Charles County may grant to new businesses locating in the county a county property tax credit for machinery and equipment used in manufacturing, assembling, processing, or refining products for sale or for new facilities in the generation of electricity and may define, fix, or limit the amount, terms, scope, and duration of any credit provided for or affirmed under this subsection.

(e) (1) To encourage the location and development of business operations and expansion of the employment base in Charles County, the governing body of Charles County and of a municipal corporation in Charles County may grant, by law, a property tax credit against the county and municipal corporation property tax imposed on any property owned or leased by a new or expanding business that creates 10 or more full–time jobs in an industry targeted for expansion by the Charles County Economic Development Commission.

(2) A tax credit granted under this subsection may not be granted for more than 10 years.

(f) (1) The governing body of Charles County may grant a property tax credit against the county property tax imposed on real property that was formerly used solely as a tobacco barn if the real property:

(i) is located on land that is subject to a tobacco buyout agreement; or

(ii) 1. is located on land that qualifies for an agricultural use assessment; and

2. is used in connection with an activity that is recognized by the Department as an approved agricultural activity.

(2) In authorizing a credit under this subsection, the governing body of the county may provide, by law, for:

(i) the amount of the credit;

(ii) the duration of the credit; and

(iii) any other provision necessary to administer the credit.

(g) (1) The governing body of Charles County may grant a property tax credit against the county property tax imposed on renovated or rehabilitated business real property located in a priority funding area as designated in Title 5, Subtitle 7B of the State Finance and Procurement Article.

(2) Except as otherwise provided in this subsection, the governing body of the county may provide, by law, for:

(i) the amount of the credit;

(ii) the duration of the credit; and

(iii) any other provision necessary to administer the credit.

(3) A tax credit under this subsection shall not exceed the amount of additional property tax assessed as a result of the renovation or rehabilitation.

(4) A tax credit under this subsection is available to a qualified property for no more than 5 years.

(h) (1) The governing body of Charles County may grant, by law, a property tax credit against the county property tax imposed on real property that:

(i) is owner–occupied;

(ii) was formerly owned by Habitat for Humanity of Charles County with the intention of relinquishing ownership;

(iii) was used by Habitat for Humanity of Charles County exclusively for the purpose of rehabilitation and transfer to a private owner; and

(iv) was transferred to a private owner who meets the criteria established by Habitat for Humanity of Charles County.

(2) The property tax credit shall equal:

(i) 100% of the county property tax for the first taxable year after the transfer of ownership;

(ii) 75% of the county property tax for the second taxable year after the transfer of ownership;

(iii) 50% of the county property tax for the third taxable year after the transfer of ownership;

(iv) 25% of the county property tax for the fourth taxable year after the transfer of ownership; and

(v) 0% of the county property tax for the fifth taxable year after the transfer of ownership and each taxable year thereafter.

(3) The governing body of Charles County may provide, by law, for any other provision necessary to carry out the property tax credit under this subsection.

(i) (1) The governing body of Charles County may grant, by law, a property tax credit against the county property tax imposed on real property that is subject to a perpetual conservation easement donated to the Conservancy for Charles County, Inc., or another qualified entity approved by the governing body.

(2) The property tax credit granted under this section shall:

(i) benefit the original grantor of the perpetual conservation easement;

(ii) be granted for the duration that the original grantor of the perpetual conservation easement continues to reside on the property subject to the easement;

(iii) terminate on transfer of the property subject to the conservation easement by the grantor; and

(iv) be applicable to preexisting conservation easements.

(3) The governing body of Charles County may provide, by law, for:

(i) the amount and duration of the property tax credit under this subsection; and

(ii) any other provision necessary to carry out the property tax credit under this subsection.

(j) (1) The governing body of Charles County may grant, by law, a property tax credit against the county property tax imposed on real property that is owned by and used as the principal residence of an individual who is at least 65 years old and receives any benefit under the Social Security Act.

(2) The governing body of Charles County may provide, by law, for:

(i) the amount and duration of the property tax credit under this subsection;

(ii) additional eligibility criteria for the tax credit under this subsection;

(iii) regulations and procedures for the application and uniform processing of requests for the tax credit; and

(iv) any other provisions necessary to carry out this subsection.

(k) (1) (i) In this subsection the following words have the meanings indicated.

(ii) “New or expanded premises” means commercial or industrial real property, including a building or part of a building that has not been previously occupied, where a business entity locates to conduct business.

(iii) “Priority funding area” means an area in Charles County designated by the governing body of Charles County as a priority funding area for the purpose of the property tax credit under this subsection.

(2) The governing body of Charles County may grant, by law, a property tax credit under this subsection against the county property tax imposed on real property owned by a business entity that meets the requirements specified under this subsection.

(3) To qualify for a property tax credit under this subsection, a business entity shall obtain new or expanded premises in a priority funding area by purchasing newly constructed premises, constructing new premises, or causing new premises to be constructed.

(4) If a business entity meets the requirements under paragraph (3) of this subsection, the property tax credit granted under this subsection shall equal a percentage of the amount of county property tax imposed on the assessment of the new or expanded premises, as follows:

(i) 50% for each of the first 5 taxable years;

(ii) 25% in taxable years 6 and 7;

(iii) 15% in taxable years 8 through 10; and

(iv) 0% for each taxable year thereafter.

(5) The governing body of Charles County may provide, by law, for:

(i) the specific eligibility requirements for the tax credit authorized under this subsection;

(ii) any additional limitations on eligibility for the credit; and

(iii) any other provision necessary to implement the credit.

(l) (1) In this subsection, “emergency responder” means an individual who is an active or retired volunteer member of a fire, rescue, or emergency medical services company in Charles County.

(2) The governing body of Charles County may grant, by law, a property tax credit against the county property tax imposed on real property that is owned and occupied as the principal residence of an emergency responder or an unmarried surviving spouse of a deceased emergency responder if the federal adjusted gross income of the emergency responder or the unmarried surviving spouse for the immediately preceding taxable year is $150,000 or less.

(3) The governing body of Charles County may provide, by law, for:

(i) the amount and duration of the tax credit under this subsection;

(ii) additional eligibility criteria for the credit; and

(iii) any other provision necessary to implement the credit.