EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*sb0691*
SENATE BILL 691
Q4, Q8 3lr2150
CF HB 1064
By: Senator King
Introduced and read first time: February 6, 2023
Assigned to: Budget and Taxation
Committee Report: Favorable
Senate action: Adopted
Read second time: March 9, 2023
CHAPTER ______
AN ACT concerning 1
Home Amenity Rentals – Sales and Use Tax Imposed and Local Tax Authorized 2
FOR the purpose of applying the sales and use tax to a sale or use of certain home amenity 3
rentals; authorizing a county or municipality to impose a certain home amenity 4
rental tax under certain circumstances and subject to certain limitations; and 5
generally relating to the taxation of home amenity rentals. 6
BY renumbering 7
Article – Tax – General 8
Section 11–101(c–6) through (c–8) 9
to be Section 11–101(c–10) through (c–12), respectively 10
Annotated Code of Maryland 11
(2022 Replacement Volume) 12
BY repealing and reenacting, without amendments, 13
Article – Tax – General 14
Section 11–101(a) and (l)(1) 15
Annotated Code of Maryland 16
(2022 Replacement Volume) 17
BY adding to 18
Article – Tax – General 19
Section 11–101(c–6) through (c–9) 20
Annotated Code of Maryland 21
(2022 Replacement Volume) 22 2 SENATE BILL 691
BY repealing and reenacting, with amendments, 1
Article – Tax – General 2
Section 11–101(k)(1), (l)(5) and (6), and (o)(1) 3
Annotated Code of Maryland 4
(2022 Replacement Volume) 5
BY adding to 6
Article – Local Government 7
Section 20–901 through 20–911 to be under the new subtitle “Subtitle 9. Local Home 8
Amenity Rental Tax” 9
Annotated Code of Maryland 10
(2013 Volume and 2022 Supplement) 11
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 12
That Section(s) 11–101(c–6) through (c–8) of Article – Tax – General of the Annotated Code 13
of Maryland be renumbered to be Section(s) 11–101(c–10) through (c–12), respectively. 14
SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 15
as follows: 16
Article – Tax – General 17
11–101. 18
(a) In this title the following words have the meanings indicated. 19
(C–6) “HOME AMENITY” MEANS ANY PORTION , WHETHER INDOORS OR 20
OUTDOORS, OF A RESIDENTIAL PRO PERTY, EXCLUDING BEDROOMS O R ANY 21
PORTION OF THE PROPE RTY INTENDED FOR SLE EPING QUARTERS , THAT IS 22
OCCUPIED BY THE HOUR AND FOR NOT MORE THAN 15 HOURS CONSECUTIVELY . 23
(C–7) “HOME AMENITY RENTAL ” MEANS THE TEMPORARY USE IN EXCHANGE 24
FOR CONSIDERATION OF A HOME AMENITY. 25
(C–8) (1) “HOME AMENITY RENTAL INTER MEDIARY” MEANS A PERSON, 26
OTHER THAN A HOME AM ENITY RENTAL PROVIDE R, WHO FACILITATES THE SALE OR 27
USE OF A HOME AMENITY AND CHARGES A BUYER THE TAXABLE PRICE FO R THE 28
HOME AMENITY RENTAL . 29
(2) FOR PURPOSES OF THIS SUBSECTION, A PERSON SHALL BE 30
CONSIDERED TO FACILI TATE THE SALE OR USE OF A HOME AMENITY IF THE PERSO N 31
BROKERS, COORDINATES , OR IN ANY OTHER WAY ARRANGES FOR THE SALE OR USE 32
OF A HOME AMENITY BY A BUYER . 33
SENATE BILL 691 3
(C–9) “HOME AMENITY RENTAL PLATFORM” MEANS AN INTERNET–BASED 1
DIGITAL ENTITY THAT : 2
(1) ADVERTISES THE AVAIL ABILITY OF HOME AMENITIES; AND 3
(2) RECEIVES COMPENSATION FOR FAC ILITATING RESERVATIO NS OR 4
PROCESSING BOOKING T RANSACTIONS ON BEHAL F OF THE OWNER , OPERATOR, OR 5
MANAGER OF A HOME AMENITY. 6
(k) (1) “Tangible personal property” means: 7
(i) corporeal personal property of any nature; 8
(ii) an accommodation; [or] 9
(iii) a short–term rental; OR 10
(IV) A HOME AMENITY RENTAL . 11
(l) (1) “Taxable price” means the value, in money, of the consideration of any 12
kind that is paid, delivered, payable, or deliverable by a buyer to a vendor in the 13
consummation and complete performance of a sale without deduction for any expense or 14
cost, including the cost of: 15
(i) any labor or service rendered; 16
(ii) any material used; or 17
(iii) any property, digital code, or digital product sold. 18
(5) “Taxable price” includes[,]: 19
(I) for the sale or use of an accommodation facilitated by an 20
accommodations intermediary or a short–term rental platform, the full amount of the 21
consideration paid by a buyer for the sale or use of an accommodation, but not including 22
any tax that is remitted to a taxing authority; AND 23
(II) FOR THE SALE OR USE OF A HOME AMENITY RENTAL 24
FACILITATED BY A HOM E AMENITY RENTAL INTERMEDIARY OR HOME AMENITY 25
RENTAL PLATFORM , THE FULL AMOUNT OF C ONSIDERATION PAID BY A BUYER FOR 26
THE SALE OR USE OF A HOM E AMENITY RENTAL, BUT NOT INCLUDING AN Y TAX THAT 27
IS REMITTED TO A TAX ING AUTHORITY . 28
(6) “Taxable price” does not include[,]: 29
4 SENATE BILL 691
(I) for the sale or use of an accommodation facilitated by an 1
accommodations intermediary or a short–term rental platform, a commission paid by an 2
accommodations provider to a person after facilitating the sale or use of an accommodation; 3
OR 4
(II) FOR THE SALE OR USE OF A HOME AMENITY RE NTAL 5
FACILITATED BY A HOM E AMENITY RENTAL INT ERMEDIARY OR HOME AM ENITY 6
RENTAL PLATFORM , A COMMISSION PAID BY A HOME AMENITY RENTA L PROVIDER 7
TO A PERSON AFTER FA CILITATING THE SALE OR USE OF A HOME AME NITY RENTAL. 8
(o) (1) “Vendor” means a person who: 9
(i) engages in the business of an out–of–state vendor, as defined in 10
§ 11–701 of this title; 11
(ii) engages in the business of a retail vendor, as defined in § 11–701 12
of this title; 13
(iii) holds a special license issued under § 11–707 of this title; 14
(iv) is an accommodations intermediary OR A HOME AMENITY 15
RENTAL INTERMEDIARY ; 16
(v) is a short–term rental platform OR HOME AMENITY RENT AL 17
PLATFORM ; 18
(vi) engages in the business of a marketplace facilitator; or 19
(vii) engages in the business of a marketplace seller. 20
Article – Local Government 21
SUBTITLE 9. LOCAL HOME AMENITY RENTAL TAX. 22
PART I. COUNTY HOME AMENITY RENTAL TAX. 23
20–901. 24
(A) IN THIS PART THE FOLL OWING WORDS HAVE THE MEANINGS 25
INDICATED. 26
(B) “HOME AMENITY ” MEANS ANY PORTION , WHETHER INDOORS OR 27
OUTDOORS, OF A RESIDENTIAL PRO PERTY, EXCLUDING B EDROOMS OR ANY 28
PORTION OF THE PROPE RTY INTENDED FOR SLE EPING QUARTERS , THAT IS 29
OCCUPIED BY THE HOUR AND FOR NOT MORE THAN 15 HOURS CONSECUTIVELY . 30 SENATE BILL 691 5
(C) “HOME AMENITY RENTAL ” MEANS THE TEMPORARY USE IN EXCHANGE 1
FOR CONSIDERATION OF A HOME AMENITY . 2
(D) “HOME AMENITY RENTAL CH ARGE” MEANS A CHARGE FOR A HOME 3
AMENITY RENTAL , EXCLUDING ANY CHARGE FOR SERVICES. 4
(E) “HOME AMENITY RENTAL T AX” MEANS THE TAX ON A H OME AMENITY 5
RENTAL CHARGE. 6
(F) “WESTERN MARYLAND CODE COUNTY ” MEANS A CODE COUNTY IN THE 7
WESTERN MARYLAND CLASS AS EST ABLISHED UNDER § 9–302 OF THIS ARTICLE. 8
20–902. 9
THIS PART APPLIES ONL Y TO: 10
(1) A CHARTER COUNTY ; 11
(2) A CODE COUNTY ; 12
(3) CALVERT COUNTY; 13
(4) CARROLL COUNTY; 14
(5) CECIL COUNTY; 15
(6) GARRETT COUNTY; 16
(7) ST. MARY’S COUNTY; 17
(8) SOMERSET COUNTY; AND 18
(9) WASHINGTON COUNTY. 19
20–903. 20
(A) A COUNTY MAY IMPOSE , BY RESOLUTION , A HOME AMENITY RENTA L 21
TAX. 22
(B) (1) THIS SUBSECTION APPLI ES ONLY TO CALVERT COUNTY, 23
CHARLES COUNTY, AND ST. MARY’S COUNTY. 24
6 SENATE BILL 691
(2) THE GOVERNING BODY OF A COUNTY SHA LL HOLD A PUBLIC 1
HEARING BEFORE IMPOS ING A HOME AMENITY R ENTAL TAX. 2
(3) THE HEARING: 3
(I) SHALL BE ADVERTISED TWICE IN A NEWSPAPER OF 4
GENERAL CIRCULATION IN THE COUNTY AT LEA ST 10 DAYS BEFORE THE HEAR ING; 5
AND 6
(II) MAY NOT BE PART OF THE ANNUAL B UDGET HEARING . 7
20–904. 8
(A) SUBJECT TO THIS SECTI ON, THE HOME AMENITY REN TAL TAX RATE IS 9
THE RATE THAT THE CO UNTY SETS BY RESOLUT ION. 10
(B) THE HOME AMENITY RENT AL TAX RATE MAY NOT EXCEED: 11
(1) EXCEPT AS OTHERWISE PROVIDED IN THIS S ECTION, 1.5% IN A 12
CODE COUNTY ; 13
(2) 1.5% IN CECIL COUNTY; 14
(3) 2% IN TALBOT COUNTY; 15
(4) 2.5% IN CALVERT COUNTY, CARROLL COUNTY, CHARLES 16
COUNTY, DORCHESTER COUNTY, FREDERICK COUNTY, ST. MARY’S COUNTY, AND 17
SOMERSET COUNTY; 18
(5) 3% IN WICOMICO COUNTY; AND 19
(6) 4% IN GARRETT COUNTY. 20
(C) WITH THE UNANIMOUS CO NSENT OF THE COUNTY COMMISSIONERS : 21
(1) A CODE COUNTY OTHER THAN A WESTERN MARYLAND CODE 22
COUNTY MAY SET A HOM E AMENITY RENTAL TAX RATE UP TO 2.5%; AND 23
(2) A WESTERN MARYLAND CODE COUN TY MAY SET A HOME AM ENITY 24
RENTAL TAX RATE UP T O 4%. 25
(D) THE HOME AMENITY RENT AL TAX RATE IN WASHINGTON COUNTY IS 3%. 26
SENATE BILL 691 7
20–905. 1
TO PROVIDE FOR THE OR DERLY, SYSTEMATIC, AND THOROUGH 2
ADMINISTRATION OF TH E HOME AMENITY RENTA L TAX, A COUNTY MAY ADOPT 3
REGULATIONS THAT: 4
(1) ARE CONSISTENT WITH THIS PART; AND 5
(2) CONFORM TO THE APPLI CABLE PROVISIONS AND REGULATIONS 6
FOR THE SALES AND USE TAX UN DER TITLE 11 OF THE TAX – GENERAL ARTICLE. 7
20–906. RESERVED 8
20–907. RESERVED. 9
PART II. MUNICIPAL HOME AMENITY RENTAL TAX. 10
20–908. 11
THE DEFINITIONS IN § 20–901 OF THIS SUBTITLE APP LY IN THIS PART. 12
20–909. 13
(A) EXCEPT AS PROVIDED IN SUBSECTION (B) OF THIS SECTION , A 14
MUNICIPALITY MAY IMP OSE, BY ORDINANCE OR RESO LUTION, A HOME AMENITY 15
RENTAL TAX. 16
(B) A MUNICIPALITY MAY NOT IMPOSE A HOME AMENIT Y RENTAL TAX IF THE 17
MUNICIPALITY IS LOCA TED IN A COUNTY THAT DOES NOT IMPOSE A HOME AMENITY 18
RENTAL TAX UNDER THI S SUBTITLE. 19
20–910. 20
(A) SUBJECT TO SUBSECTION (B) OF THIS SECTION, A MUNICIPALITY SHALL 21
SET THE RATE OF THE HOME AME NITY RENTAL TAX . 22
(B) THE HOME AMENITY RENT AL TAX FOR A MUNICIP ALITY MAY NOT 23
EXCEED 1%. 24
20–911. 25
A MUNICIPALITY THAT IM POSES A HOME AMENITY RENTAL TAX MAY PROVI DE 26
FOR THE ADMINISTRATI ON AND COLLECTION OF THE TAX. 27 8 SENATE BILL 691
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect July 1
1, 2023. 2
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.