Maine § 36 §4641 Definitions

Maine Statutes

§ 36 §4641 — Definitions

Maine·Title 36 TAXATION·Part 7 SPECIAL TAXES·Ch. 711-A REAL ESTATE TRANSFERS

As used in this chapter, unless the context otherwise indicates, the following words shall have the following meanings:

1.Consideration. "Consideration" means the total price or amount paid, or required to be paid, for real property valued in money, whether received in money or otherwise and includes the amount of any mortgages, liens or encumbrances thereon, regardless of whether the underlying indebtedness is assumed by the grantee. 1-A. Controlling interest. "Controlling interest" means the following.

2.Deed. "Deed" means a written instrument whereby the grantor conveys to the grantee title in whole or in part to real property. 2-A. Real property. "Real property" means land or anything affixed to land. "Real property" includes, but is not limited to, improvements such as buildings, mo

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As used in this chapter, unless the context otherwise indicates, the following words shall have the following meanings:
1.
Consideration.
"Consideration" means the total price or amount paid, or required to be paid, for real property valued in money, whether received in money or otherwise and includes the amount of any mortgages, liens or encumbrances thereon, regardless of whether the underlying indebtedness is assumed by the grantee.
1-A.
Controlling interest.
"Controlling interest" means the following.
2.
Deed.
"Deed" means a written instrument whereby the grantor conveys to the grantee title in whole or in part to real property.
2-A.
Real property.
"Real property" means land or anything affixed to land. "Real property" includes, but is not limited to, improvements such as buildings, mobile homes other than stock-in-trade, lines of electric light and power companies and pipelines and other things constructed or situated on land when the owner of the improvements is not the landowner.
3.
Value.
"Value" means the amount of the actual consideration for real property, except that in the case of a gift, or a contract or deed with nominal consideration or without stated consideration, or in the case of the transfer of a controlling interest in an entity with a fee interest in real property when the consideration for the real property cannot be determined, "value" is to be based on the estimated price a property will bring in the open market and under prevailing market conditions in a sale between a willing seller and a willing buyer, both conversant with the property and with prevailing general price levels. For the purposes of this subsection, "nominal" means less than 20% of the property's most recently locally assessed value as adjusted by the municipality's or unorganized territory's certified assessment ratio, unless the taxpayer provides an attestation from the local assessor that the most recent locally assessed value does not reflect current market value.

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Legislative History

P&SL 1967, c. 154, §H (NEW). PL 1967, c. 537, §2 (RP). PL 1975, c. 572, §1 (NEW). PL 1993, c. 398, §1 (AMD). PL 1999, c. 478, §3 (AMD). PL 2001, c. 559, §§I1,2 (AMD). PL 2001, c. 559, §I15 (AFF). PL 2003, c. 391, §2 (AMD). PL 2019, c. 401, Pt. A, §18 (AMD).