Sec. 03.04.12.03. Withholding Requirements

A. Except as provided in §B of this regulation, a deed or other instrument transferring title may not be:

(1) Recorded with the clerk; or

(2) Filed with the Department.

B. A deed or other instrument transferring title may be recorded with the clerk or filed with the Department when:

(1) Payment is made to the clerk or Department in an amount equal to the applicable percentage of the total payment to a nonresident or nonresident entity, respectively, as stated in Tax-General Article, §10-912(c), Annotated Code of Maryland;

(2) The transferor certifies under the penalties of perjury in the transfer document or an attached affidavit that the transferor is a resident or resident entity;

(3) The transferor certifies under the penalties of perjury in the transfer document or an attached affidavit that the property being transferred is the transferor's principal residence as defined in Regulation .02 of this chapter;

(4) The transferor presents to the clerk or the Department:

(a) A Certificate of Full or Partial Exemption (Form MW506E) issued by the Comptroller in accordance with Regulation .04 of this chapter; and

(b) If a partial exemption is issued by the Comptroller, payment in the amount shown as due on the Certificate of Full or Partial Exemption;

(5) The transfer is:

(a) A transfer pursuant to a foreclosure of a mortgage, deed of trust, or other lien instrument; or

(b) A transfer pursuant to a deed in lieu of foreclosure;

(6) The transferor is an agency or instrumentality of the United States;

(7) The transferor is:

(a) The State;

(b) A unit of the State; or

(c) A political subdivision of the State; or

(8) The property is transferred pursuant to a deed or other instrument of writing that includes a statement of consideration required by Tax-Property Article, §12-104, Annotated Code of Maryland, indicating that the consideration payable is zero.