Maryland 2024 Regular Session

Maryland Senate Bill SB286 Latest Draft

Bill / Chaptered Version Filed 05/23/2024

                             	WES MOORE, Governor 	Ch. 973 
 
– 1 – 
Chapter 973 
(Senate Bill 286) 
 
AN ACT concerning 
 
Homeowners’ Property Tax Credit – Application Filing Deadline – Extension for 
Homeowner Protection Program Enrollees 
Homeowners’ and Homestead Property Tax Credits – Application Filing 
Deadline – Extension 
 
FOR the purpose of authorizing the State Department of Assessments and Taxation to 
accept an application for the homeowners’ property tax credit submitted by a certain 
homeowner within a certain period of time if the homeowner is enrolled in the 
Homeowner Protection Program; altering the number of taxable years a homeowner 
may be retroactively qualified by the Department for the homestead property tax 
credit; providing for the calculation of the homestead property tax credit for certain 
homeowners under certain circumstances; and generally relating to the homeowners’ 
and homestead property tax credit credits. 
 
BY repealing and reenacting, with amendments, 
 Article – Tax – Property 
 Section 9–104(u) and 9–105(d)(7) 
 Annotated Code of Maryland 
 (2019 Replacement Volume and 2023 Supplement) 
 
BY adding to 
 Article – Tax – Property 
Section 9–105(d)(8) 
 Annotated Code of Maryland 
 (2019 Replacement Volume and 2023 Supplement)  
 
 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 
That the Laws of Maryland read as follows: 
 
Article – Tax – Property 
 
9–104. 
 
 (u) (1) Under the conditions set forth in this subsection, the Department may 
accept an application from a homeowner within: 
 
 (i) 1 year after April 15 of the taxable year for which the property 
tax credit under this section is sought, if the homeowner: 
 
 1. is applying for the first time; or 
  Ch. 973 	2024 LAWS OF MARYLAND  
 
– 2 – 
 2. has filed an application on or before October 1 in each of 
the 3 taxable years immediately preceding the taxable year for which the credit is sought; 
or 
 
 (ii) 3 years after April 15 of the taxable year for which a credit is 
sought, if the homeowner IS: 
 
 1. A. [is] at least 70 years old as of the taxable year for 
which a credit is sought; [and] OR 
 
 B. ENROLLED IN THE HOMEOWNER PROTECTION 
PROGRAM ESTABLISHED U NDER TITLE 14, SUBTITLE 8, PART VII OF THIS ARTICLE; 
AND 
 
 2. was eligible for the credit under this section for the taxable 
year for which the credit is sought.  
 
 (2) A homeowner may apply to the Department for a property tax credit 
under this section by filing an application on the form that the Department provides. 
 
 (3) The homeowner shall state under oath that the facts in the application 
are true. 
 
 (4) To substantiate the application, the Department may require the 
homeowner to provide a copy of an income tax return, or other evidence detailing gross 
income or net worth. 
 
 (5) On certification by the Department, the Comptroller shall pay to the 
homeowner the property tax credit due under this section. 
 
 SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 
as follows: 
 
Article – Tax – Property 
 
9–105. 
 
 (d) (7) If a homeowner submits an application to the Department under this 
section and the Department determines that the homeowner was eligible for the credit in 
[the] A prior taxable year but failed to file an application for the credit as required under 
this subsection: 
 
 (i) the homeowner shall be retroactively qualified for the 
Homestead Property Tax Credit Program for [the] UP TO 2 prior taxable [year] YEARS; 
and   	WES MOORE, Governor 	Ch. 973 
 
– 3 – 
 
 (ii) the Department shall calculate the [prior year’s] taxable 
assessment as if the credit had been granted for [the] UP TO 2 prior taxable [year] YEARS. 
 
9–105. 
 
 (d) (8) (I) THIS PARAGRAPH SHALL BE INTERPRETED BROAD LY TO 
APPLY TO ANY HOMEOWN ER WHO: 
 
 1. IS AT LEAST 70 YEARS OF AGE;  
 
 2. WAS ELIGIBLE FOR THE CREDIT IN THE PRIOR 
TAXABLE YEAR BUT FAI LED TO FILE AN APPLI CATION FOR THE CREDI T; AND 
 
 3. APPLIES FOR A CREDIT FOR THE CURRENT TAXA BLE 
YEAR. 
 
 (II) FOR HOMEOWNERS THAT M EET THE CRITERIA UNDER 
SUBPARAGRAPH (I) OF THIS PARAGRAPH , THE DEPARTMENT SHALL CALC ULATE THE 
CURRENT YEAR ’S TAXABLE ASSESSMENT AS IF THE CREDIT HAD BEEN GRANTED FOR 
THE PRIOR TAXABLE YE AR. 
 
 (III) A HOMEOWNER WHO MEETS 	THE CRITERIA UNDER 
SUBPARAGRAPH (I) OF THIS PARAGRAPH IS NOT D UE A REIMBURSEMENT O F 
PROPERTY TAXES PAID IN PRIOR TAXABLE YEA RS. 
 
 SECTION 2. AND BE IT FURTHER ENACTED, That: 
 
 (a) Notwithstanding any other provision in § 9–105 of the Tax – Property Article 
as enacted under Section 1 of this Act, this Section shall be interpreted broadly to apply to 
any homeowner, as defined under § 9–105 of the Tax – Property Article, who: 
 
 (1) is at least 70 years of age;  
 
 (2) was eligible for the homestead credit in the second prior taxable year but 
failed to file an application for the credit; and 
 
 (3) on or before May 31, 2025, applies for a credit for the current taxable 
year. 
 
 (b) For homeowners that meet the criteria under subsection (a) of this section, the 
State Department of Assessments and Taxation shall calculate the current year’s taxable 
assessment as if the credit had been granted for the two prior taxable years. 
  Ch. 973 	2024 LAWS OF MARYLAND  
 
– 4 – 
 (c) A homeowner who meets the criteria of this Section is not due a reimbursement 
of property taxes paid in prior taxable years.  
 
 SECTION 3. AND BE IT FURTHER ENACTED, That Section 1 of this Act shall be 
applicable to all taxable years beginning after June 30, 2024. 
 
 SECTION 4. AND BE IT FURTHER ENACTED, That Section 2 of this Act shall be 
applicable to all taxable years beginning after June 30, 2022.  
 
 SECTION 2. 5. AND BE IT FURTHER ENACTED, That this Act shall take effect 
June 1, 2024, and shall be applicable to all taxable years beginning after June 30, 2024. 
Section 2 of this Act shall remain effective for a period of 1 year and 1 month and, at the end 
of June 30, 2025, Section 2 of this Act, with no further action required by the General 
Assembly, shall be abrogated and of no further force and effect. 
 
Approved by the Governor, May 16, 2024.