Allegany County, MD
 
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Table of Contents
Table of Contents
[Adopted 6-7-1991 by Bill No. 5-91[1] (Ch. 182, Art. II, of the 1984 Code)]
[1]
Editor's Note: This bill further provided that it shall take effect 45 days from the date of passage.
In this article, the following words have the meanings indicated:
CLERK
The Clerk of Circuit Court for Allegany County.
COUNTY
County Commissioners of Allegany County, Maryland.
INSTRUMENT OF WRITING
A written instrument that conveys title to or a leasehold interest in real property; and
A. 
Includes:
(1) 
Deed or contract.
(2) 
A lease.
(3) 
An assignment of a lessee's interest.
(4) 
Articles of transfer.
B. 
Does not include:
(1) 
A mortgage, deed of trust or other contract that creates an encumbrance on real property; or
(2) 
A security agreement, as defined in § 12-101(e) of the Tax-Property Article, Annotated Code of Maryland.
TRANSFER TAX
The tax imposed under this article.
A County transfer tax shall be imposed on an instrument of writing recorded with the Clerk.
[Amended 4-28-2005 by Bill No. 4-05; effective 7-1-2005]
The rate of the transfer tax is 1/2 of 1% of the consideration payable for the instrument of writing. The consideration includes the amount of any mortgage or deed of trust assumed by the grantee.
The consideration payable shall be described in:
A. 
The recitals or the acknowledgment of the instrument of writing; or
B. 
A statement under oath that accompanies the instrument of writing and that is signed by a party to the instrument of writing or by an agent of a party.
The calculation of the transfer tax shall be determined in the same manner as provided by § 13-205 of the Tax-Property Article, Annotated Code of Maryland.
The County transfer tax shall be imposed on an instrument of writing that transfers the real property of a corporation to its stockholders or the real property of a partnership to its partners in the same manner as provided in § 13-206 of the Tax-Property Article, Annotated Code of Maryland, as amended from time to time.
[Amended 10-27-2011 by Bill No. 6-11, effective 1-1-2012]
The transfer tax does not apply to:
A. 
An instrument of writing exempt from the state transfer tax under § 13-207 of the Tax-Property Article, Annotated Code of Maryland; or
B. 
The first $50,000 of the consideration payable on an instrument of writing for residentially improved owner-occupied real property, provided that the instrument of writing is accompanied by a statement under oath signed by the grantee that the residence will be occupied by the grantee.
A. 
The transfer tax shall be paid to the Clerk.
B. 
An instrument of writing subject to the transfer tax may not be recorded unless a statement is attached to or stamped on the instrument of writing that indicates:
(1) 
That the transfer tax has been paid; and
(2) 
The amount of transfer tax paid.
C. 
The presence of the statement required by Subsection B of this section on an instrument of writing is prima facie evidence of payment of transfer tax.
The revenue from the transfer tax shall be paid to the County Finance Director for Allegany County for deposit in the County general fund.