2018 Maryland Code
Title 15 - Vehicle Laws -- Licensing of Businesses and Occupations
Subtitle 6 - Title Service Agents
§ 15-608. Collection and remission of vehicle excise tax
(a) Amount that may be kept. -- A title service agent that, on behalf of the Administration, collects and remits the vehicle excise tax imposed under Title 13, Subtitle 8 of this article may keep the lesser of $ 12 per vehicle or 0.6% of the gross excise tax that the title service agent collects.
(b) Record keeping. -- Each title service agent that collects any tax or fee required for titling a vehicle shall:
(1) Keep complete and accurate records of each taxable sale, together with a record of the tax collected on the sale;
(2) Keep copies of every invoice, bill of sale, and other pertinent documents and records, in the form that the Administration requires; and
(3) Preserve these records in original form for at least 3 years, unless the Administration consents in writing to their earlier destruction or, by order, requires that they be kept for a longer period.
(c) Access to records by representative and police officer. -- Each title service agent that collects any tax or fee required for titling a vehicle shall, during business hours, allow any representative of the Administration and any police officer full access to the documents and records required to be kept under subsection (b) of this section.
(d) Determination of excise tax if records inadequate or incorrect. -- If the Administration finds that the records of a title service agent are inadequate or incorrect and that the amount of excise tax collected for the Administration on these sales cannot be determined accurately from the records:
(1) The Administration shall determine the taxable sales facilitated by the title service agent for the period involved and compute the tax from the best information available; and
(2) The determination and computation of the Administration are prima facie correct.
(e) Assessment and penalty. --
(1) If, under subsection (d) of this section, the Administration determines the taxable sales of vehicles facilitated by the title service agent and computes the tax due, the Administration shall:
(i) Levy an assessment against the title service agent for the deficiency, interest, and penalties in the manner authorized in §§ 13-401, 13-601, and 13-701 of the Tax - General Article; and
(ii) Notify the title service agent of the tax due and the amount of the deficiency assessment.
(2) If the title service agent fails to pay the tax and assessment within 10 days after receiving the notice from the Administration, the Administration may levy, in addition to the tax and assessment, a penalty equal to 25% of the tax due.
(f) Failure to keep required records. -- If a title service agent fails to keep any records of sales of vehicles, the Administration may compute the tax due as provided in § 13-407 of the Tax - General Article.
(g) Order of credit of amounts received. -- All amounts received from a title service agent under this section shall be credited:
(1) First, to any penalty and interest accrued under this section; and
(2) Then, to the tax due.