A "homestead property tax credit" is provided in Tax-Property Article §9-105 for a homeowner's principal residence which is subject to certain percentage increases in assessment over the previous taxable year. The credit is based on the amount by which the current year's taxable assessment exceeds the prior year by 110% for State tax purposes and the same or a lesser percentage for local tax purposes as adopted by the County government or municipal corporations.

The credit is available on only one "principal residence", and the homeowner must actually occupy or expect to occupy the dwelling for more than 6 months of a 12 month period beginning with the date of finality and including July 1 for the taxable year for which this credit is sought. In cases where spouses own two dwellings and claim each occupies one of the residences, the credit will be granted only on the one property used as the principal residence unless the couple is legally separated. There have been several court cases involving tax credits as well as Internal Revenue Service Regulations holding that the "notion of marriage" would be contravened to allow more than one residence.

"Principal residence" has been defined to mean the "one dwelling where the homeowner regularly resides and is the location designated by the owner for the legal purposes of voting, obtaining a driver's license, and filing income tax returns." COMAR 18.07.03.01(B)(3). The Department has the right to request information in a sworn affidavit to verify residency. §2-218(A) Tax-Property Article (1995). The homeowner must have a sufficient legal interest in the property, and legal title in a homeowner controlled corporation does not meet the statutory test. Homestead eligibility questions should be directed to the Associate Director.

The Department will attempt to verify homeowner occupancy through several means including the presentation of the initial recording of the deed, the triennial physical inspection, and the principal residence designation shown on the assessment notice and property tax bill. The attached letter will be used when the mailing and premise addresses do not match, or there is any other cause to verify the owner occupancy status of the property. By law, the failure of the property owner to provide the requested information within 30 days from the date of the request will result in the dwelling being designated as not a principal residence. §2-218(C) Tax-Property Article.

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