(a) Tax authorized. The County Council of Anne Arundel County may impose a tax on every written instrument conveying title to real property or a leasehold interest in real property, offered for record and recorded among the land records in Anne Arundel County subject to the same conditions and procedures as the State Transfer Tax imposed under the Tax-Property Article, Title 13, Subtitle 2, of the State Code.
(b) Amount of tax.
(1) Except as provided in paragraph (2) of this subsection, the maximum rate of the tax imposed under this section shall not exceed 1% of the actual consideration paid or to be paid for the conveyance of title.
(2) (i) Except as provided in subparagraph (ii) of this paragraph, the governing body of Anne Arundel County may, by resolution, increase the rate of the tax imposed under this section on a written instrument conveying title to real property or a leasehold interest in real property if the actual consideration paid or to be paid for the conveyance of title is $1,000,000 or more.
(ii) A written instrument conveying title to real property or a leasehold interest in real property that provides affordable housing for moderate- or low-income individuals in the County, including the City of Annapolis, is not subject to any increase in the tax rate imposed under subparagraph (i) of this paragraph.
(c) Use of revenue.
(1) Revenue derived from the tax rate imposed under subsection (b)(1) of this section shall be expended as provided by the County budget.
(2) Revenue derived from the tax rate in excess of 1% of the actual consideration paid or to be paid for the conveyance of title imposed under subsection (b)(2) of this section shall be distributed to the special fund established under § 4-11-122 of this Code.
(d) Exemption. The condition in the Tax-Property Article, § 13-209, of the State Code, relating to the use of transfer tax funds for funding of projects under “Program Open Space” do not apply to revenues derived from the County tax.
(e) Collection by Controller. The tax shall be collected by the Controller.
(1985 Code, Art. 6, § 7-101.2) (Bill No. 29-12)
Editor's note – This section was transferred to the Public Local Laws of Maryland (Article 2 - Anne Arundel County) by 1985 Md. Laws, Ch. 8, § 10. This section formerly appeared as Article 81, § 278B, of the State Code. With the revision of the tax laws through the Tax-Property Article of the State Code, various local provisions were transferred to the public local laws for the appropriate county. This section was added as § 17-711A to the 1967 County Code, and then recodified as Article 6, § 7-101.2 in the 1985 County Code.
Editor’s note – This section was amended by 2021 Md. Laws, Ch. 10, § 1.