Maine § 36 §4641-B Collection

Maine Statutes

§ 36 §4641-B — Collection

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

1.Transfer of real property by deed. The State Tax Assessor shall provide for the collection of the tax on the transfer of real property by deed by each register of deeds. When any deed is offered for recordation, the register of deeds shall ascertain and compute the amount of tax due on the deed and shall collect that amount. The amount of tax must be computed on the value of the property as set forth in the declaration of value prescribed by section 4641‑D. Payment of tax must be evidenced by affixing an indicium of payment prescribed by the assessor to the declaration of value provided for in section 4641‑D.

2.Transfer or acquisition of controlling interest in entity with fee interest in real property. A person transferring or acquiring a controlling interest in an entity with a fee i

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1.
Transfer of real property by deed.
The State Tax Assessor shall provide for the collection of the tax on the transfer of real property by deed by each register of deeds. When any deed is offered for recordation, the register of deeds shall ascertain and compute the amount of tax due on the deed and shall collect that amount. The amount of tax must be computed on the value of the property as set forth in the declaration of value prescribed by section 4641‑D. Payment of tax must be evidenced by affixing an indicium of payment prescribed by the assessor to the declaration of value provided for in section 4641‑D.
2.
Transfer or acquisition of controlling interest in entity with fee interest in real property.
A person transferring or acquiring a controlling interest in an entity with a fee interest in real property for which a deed is not given shall report the transfer or acquisition to the register of deeds in the county or counties in which the real property is located within 30 days of the transfer or acquisition on a return in the form of an affidavit furnished by the State Tax Assessor. The return must be accompanied by payment of the tax due. When the real property is located in more than one county, the tax must be divided among the counties in the same proportion in which the real property is distributed among the counties. Disputes between 2 or more counties as to the proper amount of tax due to them as a result of a particular transaction must be decided by the State Tax Assessor upon the written petition of an official authorized to act on behalf of any such county.
3.
Disposition of funds.
Each register of deeds shall, on or before the 10th day of each month, pay over to the State Tax Assessor 90% of the tax collected pursuant to this section during the previous month. The remaining 10% must be retained for the county by the register of deeds and accounted for to the county treasurer as reimbursement for services rendered by the county in collecting the tax, except that, for fiscal years 2025-26 and 2026-27, each register of deeds shall, on or before the 10th day of each month, pay over to the State Tax Assessor 90.8% of the tax collected pursuant to this section during the previous month. The remaining 9.2% must be retained for the county by the register of deeds and accounted for to the county treasurer as reimbursement for services rendered by the county in collecting the tax. If the tax collected is not paid over by the 10th day of the month, the State Tax Assessor may impose interest pursuant to section 186.
4.
Distribution of State's share of proceeds.
4-A.
Distribution of State's share of proceeds.
4-B.
Distribution of State's share of proceeds.
The State Tax Assessor shall pay all net receipts received pursuant to this section to the Treasurer of State and shall at the same time provide the Treasurer of State with documentation showing the amount of revenues derived from the tax imposed by section 4641‑A, subsection 1 and the amount of revenues derived from the tax imposed by section 4641‑A, subsection 2.
5.
Dispute regarding amount.
In the event of a dispute as to the correct amount of tax, the individual seeking to record the deed may request that the State Tax Assessor determine the correct amount of tax to be paid in order for the deed to be recorded.
6.
Transfer of tax on deeds of foreclosure or in lieu of foreclosure.
Notwithstanding subsection 4‑B, the State Tax Assessor shall monthly pay to the Department of Professional and Financial Regulation, Bureau of Consumer Credit Protection the revenues derived from the tax imposed on the transfer of real property described in section 4641‑C, subsection 2, paragraphs A and C.
7.
Assignment of rights in or connected with foreclosed real property.
A person assigning rights in or connected with title to foreclosed real property for which a deed is not given, including rights as high bidder at the public sale pursuant to Title 14, section 6323, shall report the assignment to the register of deeds in the county or counties in which the real property is located within 30 days of the assignment on a return in the form of an affidavit furnished by the State Tax Assessor. The State Tax Assessor shall provide for the collection of the tax in the same manner as in subsection 1 as if the assignment were a transfer of real property by deed. The return must be accompanied by payment of the tax due. When the real property is located in more than one county, the tax must be divided among the counties in the same proportion in which the real property is distributed among the counties. Disputes between 2 or more counties as to the proper amount of tax due to them as a result of a particular transaction must be decided by the State Tax Assessor upon the written petition of an official authorized to act on behalf of any such county. This subsection applies to assignments made during the time between the judgment of foreclosure and the transfer of the foreclosed real property by deed.

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Legislative History

PL 1975, c. 572, §1 (NEW). PL 1981, c. 364, §60 (AMD). PL 1983, c. 859, §§M10,M13 (AMD). PL 1985, c. 381, §2 (AMD). PL 1987, c. 737, §§C83,C106 (AMD). PL 1989, c. 6 (AMD). PL 1989, c. 9, §2 (AMD). PL 1989, c. 104, §§C8,C10 (AMD). RR 1991, c. 2, §135 (COR). PL 1991, c. 528, §P16 (AMD). PL 1991, c. 528, §RRR (AFF). PL 1991, c. 591, §P16 (AMD). PL 1991, c. 622, §K9 (AMD). PL 1991, c. 622, §K10 (AFF). PL 1993, c. 6, §D2 (AMD). PL 1993, c. 6, §D5 (AFF). PL 1993, c. 398, §3 (AMD). PL 1993, c. 410, §C5 (AMD). PL 1995, c. 368, §K4 (AMD). PL 1997, c. 24, §C7 (AMD). PL 1997, c. 504, §9 (AMD). PL 1997, c. 759, §1 (AMD). PL 1997, c. 759, §2 (AFF). PL 2001, c. 439, §XXX2 (AMD). PL 2001, c. 559, §I4 (RPR). PL 2001, c. 559, §I15 (AFF). PL 2003, c. 20, §V1 (AMD). PL 2005, c. 12, §H1 (AMD). PL 2005, c. 644, §4 (AMD). PL 2007, c. 240, Pt. H, §1 (AMD). PL 2007, c. 427, §1 (AMD). PL 2007, c. 539, Pt. WW, §2 (AMD). PL 2007, c. 627, §82 (AMD). PL 2009, c. 372, Pt. E, §§2, 3 (AMD). PL 2009, c. 402, §21 (AMD). PL 2011, c. 453, §§5, 6 (AMD). PL 2011, c. 477, Pt. P, §1 (AMD). PL 2013, c. 368, Pt. U, §1 (AMD). PL 2013, c. 502, Pt. T, §1 (AMD). PL 2013, c. 521, Pt. A, §§1,2 (AMD). PL 2013, c. 595, Pt. V, §1 (AMD). PL 2015, c. 267, Pt. N, §1 (AMD). PL 2017, c. 284, Pt. AAAAAAA, §1 (AMD). PL 2019, c. 607, Pt. A, §§7, 8 (AMD). PL 2021, c. 753, §1 (AMD). PL 2023, c. 412, Pt. AAAA, §§2, 3 (AMD). PL 2025, c. 388, Pt. V, §§5, 6 (AMD). PL 2025, c. 388, Pt. V, §10 (AFF). PL 2025, c. 388, Pt. QQ, §1 (AMD). PL 2025, c. 498, §2 (AMD).