All tangible personal property in the county subject to taxation shall be listed and assessed at not less than the full cash value thereof in lawful money. Such assessment shall be made by the appeal tax court of the county upon the recommendations of the supervisor of assessment in the manner following:
(1) Forms or schedules; notice. The supervisor of assessment shall annually cause to be prepared printed forms or schedules of all tangible personal property and all general merchandise and stock in trade, owned or held in trust or otherwise, subject to taxation, to which shall be appended an affidavit in blank, setting forth that the foregoing presents a full and true statement of all such personal property. When such schedule or form is ready for delivery, notice thereof shall be given by the supervisor of assessment by advertisement for the public by inserting such notice once a week for three (3) successive weeks in all newspapers having a general circulation within the county, and a copy of such schedule or form shall be delivered to any resident applying therefor at the office of the supervisor of assessment, at Rockville, Maryland, or at the office of the director of finance, Rockville, Maryland, or at any other places which may in the aforesaid notice be designated by the supervisor of assessment.
(2) Duty of taxpayer on notice. Every person, within the county liable to taxation hereunder, and every association, company, executor, administrator, guardian or trustee holding personal property in trust liable to taxation hereunder, shall, prior to April 15 of each year, fill out the proper blanks in such form or schedule with a full and true statement, as in this section hereinabove required, and make and sign an affidavit to the truth thereof, as aforesaid, before the supervisor of assessment or before any of the duly appointed assessors for the county, or before the director of finance of the county or any of his assistants or deputies, and the supervisor of assessment and the duly appointed assessors for the county, and the director of finance of the county and his assistants and deputies are hereby authorized to administer such and all oaths in connection with their duties as assessors or collectors of taxes without charge, or before any person authorized by law to administer oaths; and the address in the county of the person making affidavit shall in each case be given below his signature, and thereupon such supervisor of assessment or any assessor shall assess such property at its full cash value, and enter the same in the columns upon blanks provided for that purpose, and the amount thus ascertained shall be entered upon the books for taxation for each fiscal year.
(3) Failure of taxpayer to return form. If any person, association, company, administrator, executor, guardian or trustee shall fail to make and deliver to the supervisor of assessment, prior to April 15 of each year, the form or schedule of his personal property owned, held in trust or otherwise, provided for in this section, then the supervisor of assessment shall, without delay, from the best information he can procure, make an assessment against such person, association, company, administrator, executor, guardian or trustee, to which such supervisor of assessment shall add fifteen (15) percent thereof; provided, that upon application after filing of the return, the appeal tax court of the county may reduce or abate entirely the addition of fifteen (15) percent upon good cause shown.
(4) Rejection of return; independent assessment. If the supervisor of assessment be not satisfied as to the correctness of the return of personal property made by any person, association, company, administrator, executor, guardian or trustee, such supervisor may reject the return, and the supervisor of assessment or any assessor may from the best information he can procure, or by making such examination of the personal property as may be practicable, assess the same in such amount as may to him seem just; and notice of the rejection of the sworn return shall be given to the party interested by leaving the same at the address given in the return or by placing a copy of the notice in the United States mail postage prepaid, addressed to such person at his ordinary post office address for the receipt of mail, in a sealed envelope with the return address of the council on the outside; and in all such cases there shall be a right of appeal from the action taken by the supervisor of assessment to the appeal tax court of the county; provided, however, that such appeal is made within twenty (20) days after delivery of such notice or rejection or its deposit in the United States mail as aforesaid.
(5) False affidavits. If any person, association, company, administrator, executor, guardian or trustee shall make a false affidavit touching the matters hereinbefore provided for, he or they shall be deemed guilty of perjury, and upon conviction thereof shall be subject to the penalties provided for that offense now provided by law.
(6) When return to be filed. Returns of all tangible personal property other than automobiles shall be filed prior to April 15 of each year.
(7) Rate of tax. On all tangible personal property, assessed at a fair cash value over and above the exemptions provided by law, including vessels, ships, boats, tools, implements, machinery, horses and other animals, carriages, wagons and other vehicles there shall be paid to the director of finance of the county as the collector of taxes for the county the rate of tax provided by law.
(8) Taxes to be paid annually. Tangible personal property taxes of all kinds, excepting the tax on motor vehicles for which a special method of collection is otherwise provided, shall hereafter be paid annually as real estate taxes are paid in the county, that is, the same shall become due and payable on July 1 in each taxable year. From and after October 1, all such taxes are overdue and in arrears and shall bear interest and penalties as specified by the council by resolution pursuant to section 52-2(g). This tax, with the interest and penalties thereon, shall constitute a delinquent tax to be collected in the manner provided by law.
(9) Failure to file statement-Petition for mandamus. If any person neglects or refuses to file a return of personal property as required by law, and the supervisor of assessment aforesaid certifies to the council that in his opinion the best information obtainable does not afford a satisfactory basis for assessment, the county may, by petition to the circuit court for the county for mandamus against such person, compel the filing of a sworn return and in such case the court shall require the person at fault to pay all expenses of the proceeding.
(10) Same-Penalty. Any person required to file a return or schedule as hereinbefore provided, who shall fail or refuse to file the same within the time required therein shall, upon conviction thereof, be fined not more than one hundred dollars ($100.00) for each and every failure or refusal and for any such failure or refusal extending beyond thirty (30) days’ duration, each day thereafter shall constitute a separate and distinct offense, and such person shall be fined in addition to the aforesaid one hundred dollars ($100.00) not more than the sum of ten dollars ($10.00) for each and every day of such failure or refusal beyond such thirty-day period. All prosecutions under this section shall be brought in any court of competent jurisdiction within the county on information by the state's attorney for the county in the name of "Montgomery County, Maryland," or the director of finance of the county.
(11) Applicability of section to certain corporations. The provisions of the foregoing section shall not apply to corporations which are by the provisions of any general law required to file returns in a different manner than herein provided to the extent of the requirement of such general law, but shall be applicable in all other respects. (Mont. Co. Code 1965, § 2-126; 1906, ch. 171, § 62K; 1912, ch. 790, § 139; 1945, ch. 936; 1947, ch. 909; 1982 L.M.C., ch. 39, § 3.)