MD
Maryland Senate Bill SB286

Maryland 2024 Regular Session

Maryland Senate Bill SB286 Compare Versions

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1- WES MOORE, Governor Ch. 973
21
3-– 1 –
4-Chapter 973
5-(Senate Bill 286)
62
7-AN ACT concerning
3+EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4+ [Brackets] indicate matter deleted from existing law.
5+ Underlining indicates amendments to bill.
6+ Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7+amendment.
8+ Italics indicate opposite chamber/conference committee amendments.
9+ *sb0286*
810
9-Homeowners’ Property Tax Credit – Application Filing Deadline – Extension for
10-Homeowner Protection Program Enrollees
11-Homeowners’ and Homestead Property Tax Credits – Application Filing
12-Deadline – Extension
11+SENATE BILL 286
12+Q1 (4lr0013)
13+ENROLLED BILL
14+— Budget and Taxation/Ways and Means —
15+Introduced by Chair, Budget and Taxation Committee (By Request – Departmental
16+– Assessments and Taxation)
1317
14-FOR the purpose of authorizing the State Department of Assessments and Taxation to
15-accept an application for the homeowners’ property tax credit submitted by a certain
16-homeowner within a certain period of time if the homeowner is enrolled in the
17-Homeowner Protection Program; altering the number of taxable years a homeowner
18-may be retroactively qualified by the Department for the homestead property tax
19-credit; providing for the calculation of the homestead property tax credit for certain
20-homeowners under certain circumstances; and generally relating to the homeowners’
21-and homestead property tax credit credits.
18+Read and Examined by Proofreaders:
2219
23-BY repealing and reenacting, with amendments,
24- Article – Tax – Property
25- Section 9–104(u) and 9–105(d)(7)
26- Annotated Code of Maryland
27- (2019 Replacement Volume and 2023 Supplement)
20+_______________________________________________
21+Proofreader.
22+_______________________________________________
23+Proofreader.
2824
29-BY adding to
30- Article – Tax – Property
31-Section 9–105(d)(8)
32- Annotated Code of Maryland
33- (2019 Replacement Volume and 2023 Supplement)
25+Sealed with the Great Seal and presented to the Governor, for his ap proval this
3426
35- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
36-That the Laws of Maryland read as follows:
27+_______ day of _______________ at ________________________ o’clock, ________M.
3728
38-Article – Tax – Property
29+______________________________________________
30+President.
3931
40-9–104.
32+CHAPTER ______
4133
42- (u) (1) Under the conditions set forth in this subsection, the Department may
43-accept an application from a homeowner within:
34+AN ACT concerning 1
4435
45- (i) 1 year after April 15 of the taxable year for which the property
46-tax credit under this section is sought, if the homeowner:
36+Homeowners’ Property Tax Credit – Application Filing Deadline – Extension for 2
37+Homeowner Protection Program Enrollees 3
38+Homeowners’ and Homestead Property Tax Credits – Application Filing 4
39+Deadline – Extension 5
4740
48- 1. is applying for the first time; or
49- Ch. 973 2024 LAWS OF MARYLAND
41+FOR the purpose of authorizing the State Department of Assessments and Taxation to 6
42+accept an application for the homeowners’ property tax credit submitted by a certain 7
43+homeowner within a certain period of time if the homeowner is enrolled in the 8
44+Homeowner Protection Program; altering the number of taxable years a homeowner 9
45+may be retroactively qualified by the Department for the homestead property tax 10
46+credit; providing for the calculation of the homestead property tax credit for certain 11
47+homeowners under certain circumstances; and generally relating to the homeowners’ 12
48+and homestead property tax credit credits. 13
49+ 2 SENATE BILL 286
5050
51-– 2 –
52- 2. has filed an application on or before October 1 in each of
53-the 3 taxable years immediately preceding the taxable year for which the credit is sought;
54-or
5551
56- (ii) 3 years after April 15 of the taxable year for which a credit is
57-sought, if the homeowner IS:
52+BY repealing and reenacting, with amendments, 1
53+ Article – Tax – Property 2
54+ Section 9–104(u) and 9–105(d)(7) 3
55+ Annotated Code of Maryland 4
56+ (2019 Replacement Volume and 2023 Supplement) 5
5857
59- 1. A. [is] at least 70 years old as of the taxable year for
60-which a credit is sought; [and] OR
58+BY adding to 6
59+ Article – Tax – Property 7
60+Section 9–105(d)(8) 8
61+ Annotated Code of Maryland 9
62+ (2019 Replacement Volume and 2023 Supplement) 10
6163
62- B. ENROLLED IN THE HOMEOWNER PROTECTION
63-PROGRAM ESTABLISHED U NDER TITLE 14, SUBTITLE 8, PART VII OF THIS ARTICLE;
64-AND
64+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 11
65+That the Laws of Maryland read as follows: 12
6566
66- 2. was eligible for the credit under this section for the taxable
67-year for which the credit is sought.
67+Article – Tax – Property 13
6868
69- (2) A homeowner may apply to the Department for a property tax credit
70-under this section by filing an application on the form that the Department provides.
69+9–104. 14
7170
72- (3) The homeowner shall state under oath that the facts in the application
73-are true.
71+ (u) (1) Under the conditions set forth in this subsection, the Department may 15
72+accept an application from a homeowner within: 16
7473
75- (4) To substantiate the application, the Department may require the
76-homeowner to provide a copy of an income tax return, or other evidence detailing gross
77-income or net worth.
74+ (i) 1 year after April 15 of the taxable year for which the property 17
75+tax credit under this section is sought, if the homeowner: 18
7876
79- (5) On certification by the Department, the Comptroller shall pay to the
80-homeowner the property tax credit due under this section.
77+ 1. is applying for the first time; or 19
8178
82- SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read
83-as follows:
79+ 2. has filed an application on or before October 1 in each of 20
80+the 3 taxable years immediately preceding the taxable year for which the credit is sought; 21
81+or 22
8482
85-Article – Tax – Property
83+ (ii) 3 years after April 15 of the taxable year for which a credit is 23
84+sought, if the homeowner IS: 24
8685
87-9–105.
86+ 1. A. [is] at least 70 years old as of the taxable year for 25
87+which a credit is sought; [and] OR 26
8888
89- (d) (7) If a homeowner submits an application to the Department under this
90-section and the Department determines that the homeowner was eligible for the credit in
91-[the] A prior taxable year but failed to file an application for the credit as required under
92-this subsection:
89+ B. ENROLLED IN THE HOMEOWNER PROTECTION 27
90+PROGRAM ESTABLISHED U NDER TITLE 14, SUBTITLE 8, PART VII OF THIS ARTICLE; 28
91+AND 29
9392
94- (i) the homeowner shall be retroactively qualified for the
95-Homestead Property Tax Credit Program for [the] UP TO 2 prior taxable [year] YEARS;
96-and WES MOORE, Governor Ch. 973
93+ 2. was eligible for the credit under this section for the taxable 30
94+year for which the credit is sought. 31
9795
98-– 3 –
96+ (2) A homeowner may apply to the Department for a property tax credit 32
97+under this section by filing an application on the form that the Department provides. 33 SENATE BILL 286 3
9998
100- (ii) the Department shall calculate the [prior year’s] taxable
101-assessment as if the credit had been granted for [the] UP TO 2 prior taxable [year] YEARS.
10299
103-9–105.
104100
105- (d) (8) (I) THIS PARAGRAPH SHALL BE INTERPRETED BROAD LY TO
106-APPLY TO ANY HOMEOWN ER WHO:
101+ (3) The homeowner shall state under oath that the facts in the application 1
102+are true. 2
107103
108- 1. IS AT LEAST 70 YEARS OF AGE;
104+ (4) To substantiate the application, the Department may require the 3
105+homeowner to provide a copy of an income tax return, or other evidence detailing gross 4
106+income or net worth. 5
109107
110- 2. WAS ELIGIBLE FOR THE CREDIT IN THE PRIOR
111-TAXABLE YEAR BUT FAI LED TO FILE AN APPLI CATION FOR THE CREDI T; AND
108+ (5) On certification by the Department, the Comptroller shall pay to the 6
109+homeowner the property tax credit due under this section. 7
112110
113- 3. APPLIES FOR A CREDIT FOR THE CURRENT TAXA BLE
114-YEAR.
111+ SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 8
112+as follows: 9
115113
116- (II) FOR HOMEOWNERS THAT M EET THE CRITERIA UNDER
117-SUBPARAGRAPH (I) OF THIS PARAGRAPH , THE DEPARTMENT SHALL CALC ULATE THE
118-CURRENT YEAR ’S TAXABLE ASSESSMENT AS IF THE CREDIT HAD BEEN GRANTED FOR
119-THE PRIOR TAXABLE YE AR.
114+Article – Tax – Property 10
120115
121- (III) A HOMEOWNER WHO MEETS THE CRITERIA UNDER
122-SUBPARAGRAPH (I) OF THIS PARAGRAPH IS NOT D UE A REIMBURSEMENT O F
123-PROPERTY TAXES PAID IN PRIOR TAXABLE YEA RS.
116+9–105. 11
124117
125- SECTION 2. AND BE IT FURTHER ENACTED, That:
118+ (d) (7) If a homeowner submits an application to the Department under this 12
119+section and the Department determines that the homeowner was eligible for the credit in 13
120+[the] A prior taxable year but failed to file an application for the credit as required under 14
121+this subsection: 15
126122
127- (a) Notwithstanding any other provision in § 9–105 of the Tax – Property Article
128-as enacted under Section 1 of this Act, this Section shall be interpreted broadly to apply to
129-any homeowner, as defined under § 9–105 of the Tax – Property Article, who:
123+ (i) the homeowner shall be retroactively qualified for the 16
124+Homestead Property Tax Credit Program for [the] UP TO 2 prior taxable [year] YEARS; 17
125+and 18
130126
131- (1) is at least 70 years of age;
127+ (ii) the Department shall calculate the [prior year’s] taxable 19
128+assessment as if the credit had been granted for [the] UP TO 2 prior taxable [year] YEARS. 20
132129
133- (2) was eligible for the homestead credit in the second prior taxable year but
134-failed to file an application for the credit; and
130+9–105. 21
135131
136- (3) on or before May 31, 2025, applies for a credit for the current taxable
137-year.
132+ (d) (8) (I) THIS PARAGRAPH SHALL BE INTERPRETED BROAD LY TO 22
133+APPLY TO ANY HOMEOWN ER WHO: 23
138134
139- (b) For homeowners that meet the criteria under subsection (a) of this section, the
140-State Department of Assessments and Taxation shall calculate the current year’s taxable
141-assessment as if the credit had been granted for the two prior taxable years.
142- Ch. 973 2024 LAWS OF MARYLAND
135+ 1. IS AT LEAST 70 YEARS OF AGE; 24
143136
144-– 4 –
145- (c) A homeowner who meets the criteria of this Section is not due a reimbursement
146-of property taxes paid in prior taxable years.
137+ 2. WAS ELIGIBLE FOR THE CREDIT IN THE PRIOR 25
138+TAXABLE YEAR BUT FAILED TO F ILE AN APPLICATION F OR THE CREDIT; AND 26
147139
148- SECTION 3. AND BE IT FURTHER ENACTED, That Section 1 of this Act shall be
149-applicable to all taxable years beginning after June 30, 2024.
140+ 3. APPLIES FOR A CREDIT FOR THE CURRENT TAXA BLE 27
141+YEAR. 28
150142
151- SECTION 4. AND BE IT FURTHER ENACTED, That Section 2 of this Act shall be
152-applicable to all taxable years beginning after June 30, 2022.
143+ (II) FOR HOMEOWNERS THAT M EET THE CRITERIA UND ER 29
144+SUBPARAGRAPH (I) OF THIS PARAGRAPH , THE DEPARTMENT SHALL CALC ULATE THE 30 4 SENATE BILL 286
153145
154- SECTION 2. 5. AND BE IT FURTHER ENACTED, That this Act shall take effect
155-June 1, 2024, and shall be applicable to all taxable years beginning after June 30, 2024.
156-Section 2 of this Act shall remain effective for a period of 1 year and 1 month and, at the end
157-of June 30, 2025, Section 2 of this Act, with no further action required by the General
158-Assembly, shall be abrogated and of no further force and effect.
159146
160-Approved by the Governor, May 16, 2024.
147+CURRENT YEAR ’S TAXABLE ASSESSMENT A S IF THE CREDIT HAD BEEN GRANTED FOR 1
148+THE PRIOR TAXABLE YE AR. 2
149+
150+ (III) A HOMEOWNER WHO MEETS THE CRITERIA UNDER 3
151+SUBPARAGRAPH (I) OF THIS PARAGRAPH IS NOT DUE A REIMBURSEM ENT OF 4
152+PROPERTY TAXES PAID IN PRIOR TAXABLE YEA RS. 5
153+
154+ SECTION 2. AND BE IT FURTHER ENACTED, That: 6
155+
156+ (a) Notwithstanding any other provision in § 9–105 of the Tax – Property Article 7
157+as enacted under Section 1 of this Act, this Section shall be interpreted broadly to apply to 8
158+any homeowner, as defined under § 9–105 of the Tax – Property Article, who: 9
159+
160+ (1) is at least 70 years of age; 10
161+
162+ (2) was eligible for the homestead credit in the second prior taxable year but 11
163+failed to file an application for the credit; and 12
164+
165+ (3) on or before May 31, 2025, applies for a credit for the current taxable 13
166+year. 14
167+
168+ (b) For homeowners that meet the criteria under subsection (a) of this section, the 15
169+State Department of Assessments and Taxation shall calculate the current year’s taxable 16
170+assessment as if the credit had been granted for the two prior taxable years. 17
171+
172+ (c) A homeowner who meets the criteria of this Section is not due a reimbursement 18
173+of property taxes paid in prior taxable years. 19
174+
175+ SECTION 3. AND BE IT FURTHER ENACTED, That Section 1 of this Act shall be 20
176+applicable to all taxable years beginning after June 30, 2024. 21
177+
178+ SECTION 4. AND BE IT FURTHER ENACTED, That Section 2 of this Act shall be 22
179+applicable to all taxable years beginning after June 30, 2022. 23
180+
181+ SECTION 2. 5. AND BE IT FURTHER ENACTED, That this Act shall take effect 24
182+June 1, 2024, and shall be applicable to all taxable years beginning after June 30, 2024. 25
183+Section 2 of this Act shall remain effective for a period of 1 year and 1 month and, at the end 26
184+of June 30, 2025, Section 2 of this Act, with no further action required by the General 27
185+Assembly, shall be abrogated and of no further force and effect. 28