[Adopted 8-16-1977 by Res. No. 218[1]]
[1]
Editor's Note: The preamble to this resolution
read as follows:
"WHEREAS, there are presently operating in
Wicomico County, Maryland, certain businesses which are engaged in
international trade and that future growth and development of this
trade is an asset to the community; and
WHEREAS, subsequent to the ruling of the Supreme
Court of the United States in the case of Low vs. Austin, 13, Wall
29, in 1871, no state could tax the inventories of an importer in
the original package; and
WHEREAS, the finding of the said Court in
the case of Low vs. Austin was reversed by the finding of said Court
in the case of Michelin Tire Corporation vs. W.L. Wages, Tax Commissioner,
98 S. Ct. 535 (1976), wherein the Court determined that the inventories
of the importer in the original package are subject to local ad valorem
taxation; and
WHEREAS, by Chapter 621 of the Laws of Maryland
of 1976, the state enacted new Section 9A(e)(7) to Article 81, Revenue
and Taxes, of the Annotated Code of Maryland (1975 Replacement Volume
and 1975 Supplement) allowing Wicomico County to grant an exemption
from ordinary taxation to the inventory of foreign imports of businesses
engaged in importing located in Wicomico County, if the imported property
is in the hands of the importer and is in the original package.
NOW, THEREFORE, BE IT RESOLVED: That..."
It is necessary for the economic well-being
of Wicomico County to continue the exemption of the inventories of
the importer in the original package, thereby aiding the economic
condition of Wicomico County by attracting and retaining commerce.
The inventories of foreign imports of importers
located within Wicomico County shall be exempt from ordinary County
taxation, provided that the imported property is in the hands of the
importer in the original package.
Any and all public local laws or special laws,
ordinances or resolutions and any and all parts of any public local
laws or special laws, ordinances or resolutions inconsistent with
any of the provisions of this article are hereby repealed to the extent
of any such inconsistency.
This article shall take effect from the date
of its passage, this 16th day of August 1977, and shall be construed
only prospectively and may not be applied or interpreted to have any
effect upon or application to any event or happening occurring prior
to the effective date hereof.
