(A) Under the authority in Md. Code Ann., Tax Property Article § 9-258 the County grants a property tax credit against the County property tax imposed on the dwelling of an eligible individual.
(B) (1) In this section the following words have the meanings indicated.
(2) (a) "Dwelling" means:
(i) A house that is:
A. Used as the principal residence of the homeowner; and
B. Actually occupied or expected to be actually occupied by the homeowner for more than 6 months of a 12-month period beginning with the date of finality for the taxable year for which the property tax credit under this section is sought; and
(ii) The lot or curtilage on which the house is erected.
(b) "Dwelling" includes:
(i) A condominium unit that is occupied by an individual who has a legal interest in the condominium;
(ii) An apartment in a cooperative apartment corporation that is occupied by an individual who has a legal interest in the apartment; and
(iii) A part of real property used other than primarily for residential purposes, if the real property is used as a principal residence by an individual who has a legal interest in the real property.
(3) "Eligible individual" means:
(a) An individual who is at least 65 years old, has lived in the same dwelling for at least the preceding 30 years, and has a combined gross household income of $80,000 or less;
(b) An individual who is at least 65 years old and is a retired member of the uniformed services of the United States as defined in 10 U.S.C. § 101, the military reserves, or the National Guard;
(c) A surviving spouse, who is at least 65 years old and has not remarried, of a retired member of the uniformed services of the Unites States as defined in 10 U.S.C. § 101, the military reserves, or the National Guard;
(d) An individual who:
(i) Is an active duty, retired or honorably discharged member of the uniformed services of the United States as defined in 10 U.S.C. § 101, the military reserves, or the National Guard; and
(ii) Has a service connected disability; or
(e) A surviving spouse of an individual described under item subsection (B)(3)(d) of this section who has not remarried.
(f) The amount of the combined gross household income that shall be applied to subsection (B)(3)(a), shall be adjusted each year following the effective date of this bill, to reflect changes in the Consumer Price Index. The adjusted combined gross household income value stated in subsection (B)(3)(a) shall be determined by multiplying the income amount by a fraction:
1. The numerator of which is the Consumer Price Index (as defined in (B)(3)(f)4. below) as of January 1 of the year for which the adjustment is being made.
2. The denominator of which is the Consumer Price Index (as defined in subsection (B)(3)(f)4. below) as of January 1 of the preceding year for which the adjustment is being made.
3. The adjustment shall not result in a negative change to the combined gross household income value. Should the adjustment be lower, the combined gross household income shall remain the same as the previous year.
4. Consumer Price Index: Adjustments to the combined gross household income will be based on the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W) Washington-Arlington-Alexandria, DC-VA-MD-WV, All Items, 1982-84=100, published bi-monthly by the Bureau of Labor Statistics. In the event the Bureaus of Labor Statistics abandons publication of the above-referenced index, the Frederick County Treasury Department shall adopt any other index which, in its judgment, provides an accurate measure of cost-of-living changes, pending amendment to this § 1-8-66.
(C) (1) The property tax credit allowed under this section is:
(a) 20% of the County property tax imposed on the property net of any property tax credit granted under Md. Code Ann., Tax Property Article, § 9-105; and
(b) Granted for as long as the eligible individual continues to satisfy all the requirements.
(2) The property tax credit authorized by this section shall apply only in taxable years beginning on or after July 1, 2023.
(E) This property tax credit shall be calculated only on the lesser of:
(1) $400,000; or
(2) The assessed value of the dwelling reduced by the amount of any assessment on which a property tax credit is granted under Md. Code Ann., Tax Property Article, § 9-105.
(F) (1) To be eligible for this property tax credit, a property owner must submit an application to the County Treasurer on or before October 1 of each taxable year in which this property tax credit is sought.
(2) An application must:
(a) Be on the form that the County Treasurer requires;
(b) Demonstrate that the taxpayer satisfies all requirements for this credit; and
(c) Applicants who are applying under subsections (B)(3)(d) or (B)(3)(e) as a retired or honorably discharged member of the uniformed services of the United States as defined in 10 U.S.C. § 101, the military reserves, or the National Guard, or surviving spouse thereof, must provide the following information:
(i) A copy of the veteran's discharge certificate; and
(ii) On the form provided by the County, a certification of the applicant's disability from the Department of Veterans Affairs.
(d) Applicants who are applying under subsections (B)(3)(d) or (B)(3)(e) as an active member of the uniformed services of the United States as defined in 10 U.S.C. § 101, the military reserves, or the National Guard, or surviving spouse thereof, must provide documentation satisfactory to the Treasurer that verifies the service-connected disability.
(G) The County Treasurer may adopt guidelines, regulations, or procedures to administer this section.
(H) (1) This property tax credit applies only to County property tax and does not apply to any other tax, including any special taxing district tax, fire and rescue district tax, electric lighting district tax or any tax imposed by the State, a municipality or any other governmental entity.
(2) The amount of this property tax credit may not exceed the amount due for net Frederick County real property tax.
(Bill No. 18-03, 5-1-2018; Bill No. 18-18, 9-4-2018; Bill No. 21-13, 1-18-2022; Bill No. 22-21, 10-25-2022; Bill No. 23-04, 5-2-2023)