§ 10-402. Liability for property transferred

   (a) Real property. --

   (1) Except for tax sales as provided by Title 14, Subtitle 8 of this article, if real property ownership is transferred on or after the date of finality and before the semiannual date of finality, the transferee is liable for the property tax on real property for the taxable year that begins after the transfer.

   (2) If real property ownership is transferred on or after July 1 and before January 1, and the property is subject to a semiannual payment schedule of property tax for the current taxable year under § 10-204.3 of this title, the transferor is liable for any semiannual property tax installment that may be due for the real property in the current taxable year at the time of transfer, and is not liable for the second semiannual installment that is due after the date of transfer. The transferee is solely liable for any semiannual property tax installment for the current taxable year that is due after the date of transfer.

   (3) This subsection does not preclude the transferor and the transferee of real property that is subject to this subsection from adjusting the property tax or service charges for any year between them.

(b) Personal property -- In general. --

   (1) If a transfer of all personal property or all the stock in business of a business occurs on or after the date of finality and before the semiannual date of finality the property is assessed to the transferee as if the property were escaped property under § 8-417 of this article, if the transferor or the transferee files with the Department or the supervisor on or before the October 1 immediately after the date of the transfer a report, under oath, that contains:

      (i) a description of the personal property from the assessment roll;

      (ii) the date and manner of transfer;

      (iii) the name and address of the transferee;

      (iv) the consideration; and

      (v) any other information that the Department requires.

   (2) If the report is not filed, the transferor and the transferee are jointly and severally liable for the next taxable year following the transfer.

   (3) This subsection does not apply to any personal property or stock in business removed from the State before the semiannual date of finality.

   (4) If the transferor of personal property that is transferred under this section has paid the property tax, the transferor may require the transferee to adjust the property tax with the transferor.

(c) Personal property -- On or after semiannual date of finality. --

   (1) If a transfer of all personal property or all the stock in business of a business occurs on or after the semiannual date of finality and before the subsequent year date of finality:

      (i) the property is assessed to the transferor; and

      (ii) the transferor and the transferee are jointly and severally liable for all taxes due on the property.

   (2) If the transferor of personal property that is transferred under this section has paid the property tax, the transferor may require the transferee to adjust the property tax with the transferor.

HISTORY: 1985, ch. 8, § 2; 1986, ch. 171; 1987, ch. 138; 1990, ch. 265; 1996, ch. 97, § 1; 1998, ch. 16; 1999, chs. 305, 306.