Maryland Assessment Procedure Manual

Category:Tax Credits
Category No.:012
Subject:Homestead Credit
Subject No.:150
Topic:Disqualification
Topic No.:31
Date Issued:5/21/1999
Revision Date:9/9/2010

Tax-Property Annotated Code §9-105 states that the taxable assessment for the preceding tax year will be the basis for the current tax year, after adjusting for any valuation of new construction greater than $100,000, unless during the previous tax year:

  1. the property was transferred for consideration to new ownership;
  2. rezoned at the request of the owner;
  3. the use of the dwelling was changed substantially; or
  4. the assessment was clearly erroneous due to an error in calculation or measurement.

For the majority of data processing and value changes, the data system will automatically disqualify ineligible properties. For example the system recognizes a transfer for consideration to new ownership and the keying of the transfer disqualifies the property for the next tax year. Homestead credit adjustments because of new construction additions over $100,000 are also done automatically. However, changes two through four listed above are not automatically disqualified.

For example, the property below is "D", or dual use account. The date is October, 2003. A portion of the improvement is the homeowners residence and the remainder is used as a doctors office (4% homestead cap):

Base FCV Current FCV 2004 Phase-in 1 Current Year (2004) Assmt
Land 75,000 Land 90,000 Total 315,000 Total 315,000
Improvement 225,000 Improvement 255,000 Pref Pref
Total 300,000 Total 345,000 Cbkr 265,000 Cbkr 265,000
Pref Pref   Cnty Credit 26,000
Cbkr 250,000 Cbkr 295,000   State Credit 0
      Munic Credit 0
      Credit Status Y
 
  Prior Year (2003) Assmt
Total 300,000
Pref
Cbkr 250,000
Cnty Credit 11,000
State Credit 0
Munic. Credit 0
Credit Status Y


SDAT becomes aware that the dual use has ceased and the entire property is now being used as a residence. For the upcoming July 1, the property will be changed to an "H" account and the circuit breaker figures will be changed to equal the total values, see below:

Base FCV Current FCV 2004 Phase-in 1 Current Year (2004) Assmt
Land 75,000 Land 90,000 Total 315,000 Total 315,000
Improvement 225,000 Improvement 255,000 Pref Pref
Total 300,000 Total 345,000 Cbkr 315,000 Cbkr 315,000
Pref Pref   Cnty Credit 66,440
Cbkr 300,000 Cbkr 345,000   State Credit 40,000
      Munic Credit 0
      Credit Status Y
 
  Prior Year (2003) Assmt
Total 300,000
Pref
Cbkr 250,000
Cnty Credit 11,000
State Credit 0
Munic. Credit 0
Credit Status Y


Note that the Current Year Assmt figures changed because the Base and Current FCV's were updated. The Prior Year Assmt figures did not change. Therefore, the system calculated the Current Year homestead credit as follows:

County Credit
250,000 - 11,000 = 239,000 x 1.04 (4% cap)= 248,560       315,000 - 248,560= 66,440

State Credit
250,000 0 = 250,000 x 1.10 (10% cap) = 275,000               315,000 - 275,000 = 40,000

 

The change in this property from doctors office to all residence should be considered a change in use (the property changed from part commercial use to all residential use). Therefore it should be disqualified from receiving the homestead credit for the current year. This must be done manually through on-line data entry (an "X" should be entered in the credit status field on the F16 "Billing Data" screen). Below are the results:

 

Base FCV Current FCV 2004 Phase-in 1 Current Year (2004) Assmt
Land 75,000 Land 90,000 Total 315,000 Total 315,000
Improvement 225,000 Improvement 255,000 Pref Pref
Total 300,000 Total 345,000 Cbkr 315,000 Cbkr 315,000
Pref Pref   Cnty Credit 0
Cbkr 300,000 Cbkr 345,000   State Credit 0
      Munic Credit 0
      Credit Status X
 
  Prior Year (2003) Assmt
Total 300,000
Pref
Cbkr 300,000
Cnty Credit 11,000
State Credit 0
Munic. Credit 0
Credit Status Y


Note that the Current Year figures now have no County and State credit, and the Credit Status field has an "X" that identifies it as disqualified.