Maryland 2024 2024 Regular Session

Maryland Senate Bill SB286 Enrolled / Bill

Filed 04/09/2024

                     
 
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. 
         Italics indicate opposite chamber/conference committee amendments. 
          *sb0286*  
  
SENATE BILL 286 
Q1   	(4lr0013) 
ENROLLED BILL 
— Budget and Taxation/Ways and Means — 
Introduced by Chair, Budget and Taxation Committee (By Request – Departmental 
– Assessments and Taxation) 
 
Read and Examined by Proofreaders: 
 
_______________________________________________ 
Proofreader. 
_______________________________________________ 
Proofreader. 
 
Sealed with the Great Seal and presented to the Governor, for his ap proval this 
  
_______ day of _______________ at ________________________ o’clock, ________M. 
  
______________________________________________ 
President.  
 
CHAPTER ______ 
 
AN ACT concerning 1 
 
Homeowners’ Property Tax Credit – Application Filing Deadline – Extension for 2 
Homeowner Protection Program Enrollees 3 
Homeowners’ and Homestead Property Tax Credits – Application Filing 4 
Deadline – Extension 5 
 
FOR the purpose of authorizing the State Department of Assessments and Taxation to 6 
accept an application for the homeowners’ property tax credit submitted by a certain 7 
homeowner within a certain period of time if the homeowner is enrolled in the 8 
Homeowner Protection Program; altering the number of taxable years a homeowner 9 
may be retroactively qualified by the Department for the homestead property tax 10 
credit; providing for the calculation of the homestead property tax credit for certain 11 
homeowners under certain circumstances; and generally relating to the homeowners’ 12 
and homestead property tax credit credits. 13 
  2 	SENATE BILL 286  
 
 
BY repealing and reenacting, with amendments, 1 
 Article – Tax – Property 2 
 Section 9–104(u) and 9–105(d)(7) 3 
 Annotated Code of Maryland 4 
 (2019 Replacement Volume and 2023 Supplement) 5 
 
BY adding to 6 
 Article – Tax – Property 7 
Section 9–105(d)(8) 8 
 Annotated Code of Maryland 9 
 (2019 Replacement Volume and 2023 Supplement)  10 
 
 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 11 
That the Laws of Maryland read as follows: 12 
 
Article – Tax – Property 13 
 
9–104. 14 
 
 (u) (1) Under the conditions set forth in this subsection, the Department may 15 
accept an application from a homeowner within: 16 
 
 (i) 1 year after April 15 of the taxable year for which the property 17 
tax credit under this section is sought, if the homeowner: 18 
 
 1. is applying for the first time; or 19 
 
 2. has filed an application on or before October 1 in each of 20 
the 3 taxable years immediately preceding the taxable year for which the credit is sought; 21 
or 22 
 
 (ii) 3 years after April 15 of the taxable year for which a credit is 23 
sought, if the homeowner IS: 24 
 
 1. A. [is] at least 70 years old as of the taxable year for 25 
which a credit is sought; [and] OR 26 
 
 B. ENROLLED IN THE HOMEOWNER PROTECTION 27 
PROGRAM ESTABLISHED U NDER TITLE 14, SUBTITLE 8, PART VII OF THIS ARTICLE; 28 
AND 29 
 
 2. was eligible for the credit under this section for the taxable 30 
year for which the credit is sought.  31 
 
 (2) A homeowner may apply to the Department for a property tax credit 32 
under this section by filing an application on the form that the Department provides. 33   	SENATE BILL 286 	3 
 
 
 
 (3) The homeowner shall state under oath that the facts in the application 1 
are true. 2 
 
 (4) To substantiate the application, the Department may require the 3 
homeowner to provide a copy of an income tax return, or other evidence detailing gross 4 
income or net worth. 5 
 
 (5) On certification by the Department, the Comptroller shall pay to the 6 
homeowner the property tax credit due under this section. 7 
 
 SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 8 
as follows: 9 
 
Article – Tax – Property 10 
 
9–105. 11 
 
 (d) (7) If a homeowner submits an application to the Department under this 12 
section and the Department determines that the homeowner was eligible for the credit in 13 
[the] A prior taxable year but failed to file an application for the credit as required under 14 
this subsection: 15 
 
 (i) the homeowner shall be retroactively qualified for the 16 
Homestead Property Tax Credit Program for [the] UP TO 2 prior taxable [year] YEARS; 17 
and 18 
 
 (ii) the Department shall calculate the [prior year’s] taxable 19 
assessment as if the credit had been granted for [the] UP TO 2 prior taxable [year] YEARS. 20 
 
9–105. 21 
 
 (d) (8) (I) THIS PARAGRAPH SHALL BE INTERPRETED BROAD LY TO 22 
APPLY TO ANY HOMEOWN ER WHO: 23 
 
 1. IS AT LEAST 70 YEARS OF AGE;  24 
 
 2. WAS ELIGIBLE FOR THE CREDIT IN THE PRIOR 25 
TAXABLE YEAR BUT FAILED TO F ILE AN APPLICATION F OR THE CREDIT; AND 26 
 
 3. APPLIES FOR A CREDIT FOR THE CURRENT TAXA BLE 27 
YEAR. 28 
 
 (II) FOR HOMEOWNERS THAT M EET THE CRITERIA UND ER 29 
SUBPARAGRAPH (I) OF THIS PARAGRAPH , THE DEPARTMENT SHALL CALC ULATE THE 30  4 	SENATE BILL 286  
 
 
CURRENT YEAR ’S TAXABLE ASSESSMENT A S IF THE CREDIT HAD BEEN GRANTED FOR 1 
THE PRIOR TAXABLE YE AR. 2 
 
 (III) A HOMEOWNER WHO MEETS 	THE CRITERIA UNDER 3 
SUBPARAGRAPH (I) OF THIS PARAGRAPH IS NOT DUE A REIMBURSEM ENT OF 4 
PROPERTY TAXES PAID IN PRIOR TAXABLE YEA RS. 5 
 
 SECTION 2. AND BE IT FURTHER ENACTED, That: 6 
 
 (a) Notwithstanding any other provision in § 9–105 of the Tax – Property Article 7 
as enacted under Section 1 of this Act, this Section shall be interpreted broadly to apply to 8 
any homeowner, as defined under § 9–105 of the Tax – Property Article, who: 9 
 
 (1) is at least 70 years of age;  10 
 
 (2) was eligible for the homestead credit in the second prior taxable year but 11 
failed to file an application for the credit; and 12 
 
 (3) on or before May 31, 2025, applies for a credit for the current taxable 13 
year. 14 
 
 (b) For homeowners that meet the criteria under subsection (a) of this section, the 15 
State Department of Assessments and Taxation shall calculate the current year’s taxable 16 
assessment as if the credit had been granted for the two prior taxable years. 17 
 
 (c) A homeowner who meets the criteria of this Section is not due a reimbursement 18 
of property taxes paid in prior taxable years.  19 
 
 SECTION 3. AND BE IT FURTHER ENACTED, That Section 1 of this Act shall be 20 
applicable to all taxable years beginning after June 30, 2024. 21 
 
 SECTION 4. AND BE IT FURTHER ENACTED, That Section 2 of this Act shall be 22 
applicable to all taxable years beginning after June 30, 2022.  23 
 
 SECTION 2. 5. AND BE IT FURTHER ENACTED, That this Act shall take effect 24 
June 1, 2024, and shall be applicable to all taxable years beginning after June 30, 2024. 25 
Section 2 of this Act shall remain effective for a period of 1 year and 1 month and, at the end 26 
of June 30, 2025, Section 2 of this Act, with no further action required by the General 27 
Assembly, shall be abrogated and of no further force and effect. 28