[Adopted 8-4-1987 by Bill No. 322[1]]
[1]
Editor's Note: The imposition of this tax
was authorized by L. 1987, ch. 672, approved 6-2-1987.
[Amended 3-20-1990 by Bill No. 381]
Subject to the provisions of Md. Code Ann.,
Tax-Property Art., Title 13, Subtitles 1 and 4, a tax is hereby imposed
upon every instrument of writing conveying title to or an interest
in real property offered for record and recorded in Talbot County
with the Clerk of the Circuit Court, for all or only that portion
which is actually located in Talbot County, provided that conveyances
by or to the United States, the State of Maryland, or any political
subdivision of the state shall not be subject to the tax imposed by
this section. The term "instrument of writing," as used in this article,
shall be deemed to include any deed, lease, assignment of leasehold
property or any other device the purpose of which is to convey title
to real property, but shall not include any mortgage, deed of trust,
conditional sales contract or any other device the purpose of which
is to afford a security in real property rather than to convey title
thereto.
The tax imposed by this article shall be levied
at the rate of 1% of the actual consideration and shall be collected
by the Clerk of the Circuit Court prior to his accepting any such
instrument for recordation, except that the first $50,000 of consideration
payable on the conveyance shall be exempt from this tax.
[1]
Editor's Note: By L. 1992, ch. 606, approved
5-26-1992, the County was authorized to impose a tax at a rate not
to exceed 1.5%.
This tax shall also be imposed upon every lease
for a term of years above seven, not perpetually renewable, offered
for record and recorded. The tax rate of 1% shall be applied based
upon the capitalization of 10% of the average annual rental on the
entire term of the lease, including any renewal term, plus the actual
consideration, other than rent, paid or to be paid.
Payment of the tax imposed by this article shall
be evidenced by the affixing to or stamping on the instrument of writing
offered for recordation a legend stating that such tax has been paid
and the amount of payment and containing the signature of the Clerk
or an authorized facsimile thereof. Any instrument so executed shall
be prima facie evidence that the tax imposed by this article has been
paid.
Any person who:
A.
Willfully offers for recordation or obtains the recording
of any instrument of writing subject to the tax without first having
paid the tax;
B.
Knowingly makes a false statement as to the amount
or value of consideration;
C.
Willfully affixes or attempts to affix to any instrument
of writing that is subject to the tax a forged or counterfeit legend
indicating that the tax has been paid;
D.
Willfully violates any of the provisions of this article;
or
E.
Willfully participates or aids in any manner in the
evasion of the tax imposed under this section shall be guilty of a
misdemeanor and, upon conviction thereof, shall be fined not more
than $1,000 or imprisoned for not more than six months, or both.
