Maryland Agricultural Declaration of Intent

State:
Maryland
Control #:
MD-SKU-0675
Format:
PDF
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Description

Agricultural Declaration of Intent

The Maryland Agricultural Declaration of Intent is a legal document used to establish a formal relationship between an agricultural producer and a local government. This document is used to acknowledge the producer’s commitment to produce agricultural products in Maryland, as well as their obligation to comply with state and local regulations. The Declaration of Intent must be filed with the Maryland Department of Agriculture prior to any agricultural activities taking place in the state. There are two types of Maryland Agricultural Declaration of Intent: Farmland Protection and Soil Conservation. The Farmland Protection Declaration of Intent is used to preserve agricultural land, while the Soil Conservation Declaration of Intent is used to ensure that the soil is managed in an environmentally responsible manner. Both types of Declaration of Intent require landowners to adhere to the regulations of the Maryland Department of Agriculture and to maintain good soil and water conservation practices.

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FAQ

The new provision also provides that the Maryland estate tax may not exceed 5% of the value of specified agricultural property exceeding $5,000,000. Maryland qualified agricultural exclusion forms may be obtained by calling the Estate Tax Unit at (410) 260-7850.

Transfer Taxes Transfer tax is at the rate of . 5 percent of the actual consideration, unless they are a first-time Maryland home buyer purchasing a principal place of residence, in that case the transfer tax rate is . 25 percent of the actual consideration.

The rate of the tax and surcharge are as follows: ? 5% when the land being removed from agricultural use is 20 acres or more; ? 4% when the land being removed from agricultural use is less than 20 acres in size; ? 3% when the land being removed from agricultural use is less than 20 acres and contains site improvements

To request agricultural use assessment for your property, you must complete and submit the Maryland State of Assessments & Taxation Agricultural Declaration of Intent and the Application for Agricultural Use Assessment .

Sales, for agricultural purposes, of livestock, including poultry, are not taxable. Also exempt are sales of feed or bedding for livestock. The raising of horses for breeding purposes is an agricultural purpose, but the maintenance or sale of riding, show or race horses is not.

In Maryland, you are responsible for the state and county transfer taxes, as well as the county recordation tax. It is customary for the seller and the buyer to split the total transfer and recordation tax amount equally (if no exemptions apply).

Special Tax Recapture This field identifies properties that are subject to recapture of tax credits or use assessments before the property can be transferred.

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Maryland Agricultural Declaration of Intent