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Maryland Senate Bill 725 Requires Compliance Certificates and Sets 2% Transfer Tax for Certain Federal Property Transfers

Original title: Transfer of Real Property - Recordation Certification and State Transfer Tax (Land Transfer Accountability Act)

Last action · February 12, 2026: Hearing 3/05 at 1:00 p.m. (Judicial Proceedings)Sponsor: Jeff Waldstreicher

Companion · HB 1009same policy, House version
Introduced
Committee
Floor Vote
Passed
Law

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What This Bill Would Do

Maryland Senate Bill 725 prohibits circuit court clerks from recording real property ownership changes from the United States to private parties unless accompanied by a issued by the Office of the Attorney General and the State Department of Assessments and Taxation. The bill also establishes a 2% State transfer tax rate paid entirely by the transferor for real property previously held by the United States conveyed on or after July 1, 2026, with revenues dedicated to Program Open Space.

Why it matters

Parties acquiring real property formerly owned by the federal government must obtain a state compliance certificate before recording the transfer and pay a higher 2% transfer tax rate, while state agencies gain new review authority over federal-to-private property conveyances.

Background
  • Senate Bill 725 was introduced in the Maryland Senate during the 2026 Regular Session by Senator Waldstreicher. context

Who It Would Affect

Groups the bill's text would affect if enacted, as described in the record. Being affected is not a position for or against it.

Directly affected

parties acquiring real property from the United States

Must submit request forms and obtain a Certificate of Compliance from state agencies before their property transfer instrument can be recorded by the circuit court clerk.

Directly affected

transferors of real property formerly held by the United States

Must pay a 2% State transfer tax on the value of the real property when the property was conveyed by the United States on or after July 1, 2026.

Directly affected

clerks of the circuit court

Must enforce the certification requirement before recording applicable real property instruments and establish uniform statewide procedures with the Administrative Office of the Courts.

Key Facts

  • Clerks of the circuit court are prohibited from recording real property ownership changes from the United States to private parties unless accompanied by a Certificate of Compliance.
  • Exempted from the certificate requirement are transfers from the United States back to the United States, public instrumentalities, the State, counties, municipal corporations, or other political subdivisions.
  • The Office of the Attorney General and the State Department of Assessments and Taxation must review changes of ownership and issue, deny, or request more information regarding certificates of compliance.
  • The Office of the Attorney General and the State Department of Assessments and Taxation must establish fees for review and certificate issuance set to cover the full costs of carrying out the section.
Show all 9 facts
  • Fees collected for review and certificate issuance must be deposited in the General Fund of the State.
  • A 2% State transfer tax rate is established for instruments conveying real property where the United States was the most recent title holder conveyed on or after July 1, 2026.
  • The 2% transfer tax under this section must be paid entirely by the transferor.
  • Transfer tax revenue generated from the 2% rate under § 13-203(c) must be credited by the Comptroller to Program Open Space (Title 5, Subtitle 9 of the Natural Resources Article).
  • This Act takes effect July 1, 2026, and applies to instruments of writing recorded on or after that date.

Frequently Asked Questions

Who must issue the Certificate of Compliance for real property transferred from the United States?
The Office of the Attorney General and the State Department of Assessments and Taxation jointly issue the certificate after reviewing the transfer for compliance with state and federal laws.
Who pays the 2% transfer tax on applicable former federal properties?
Notwithstanding any other provision of law, the transfer tax must be paid entirely by the transferor.
Where do the fees collected for the review and issuance of certificates go?
The fees collected are deposited in the General Fund of the State.

What else do you want to know?

News Coverage

No news coverage found yet. Articles are indexed twice daily.

Where This Stands

Currently filed. The next step in the legislative lifecycle is Committee.

Procedural history

2 actions
  1. Feb 12, 2026Senate
    Hearing 3/05 at 1:00 p.m. (Judicial Proceedings)
  2. Feb 6, 2026SenateIntroduced
    First Reading Judicial Proceedings and Budget and Taxation

Version history

Only one version on file - nothing to compare yet. As later stages (committee substitute, engrossed, enrolled) are captured, the redline appears here.

View official text →

Lobbying Activity

No state lobbying filings in our records match this bill. Federal lobbying reports (LDA) cover Congress, so they are not listed on state bills.

Full breakdown

Who this bill affects and the strongest case for and against it, written only from the bill’s own text.

Sponsors

Discoveries

1 pattern noticed across the record

Patterns POLISCOPE noticed across the record. These are observations to investigate, not conclusions.

financial connection95% confidence

Transfer Tax Revenue Dedicated to Program Open Space

Revenues from the newly established 2% transfer tax rate are directly funneled to Program Open Space funds managed under the Natural Resources Article.

Connected Entities

Administrative Office of the Courts, State Department of Assessments and Taxation, Comptroller and 1 more
OrganizationAdministrative Office of the Courts“Assists circuit court clerks in establishing uniform statewide procedures.”Map →
OrganizationState Department of Assessments and Taxation“Collaborates on legal reviews, issues certificates, and determines property valu”Map →
OrganizationComptroller“Receives transfer tax revenues for deposit into special funds and Program Open S”Map →
OrganizationOffice of the Attorney General“Required to review changes of ownership and issue certificates of compliance.”Map →

Sources

Open source document

mgaleg.maryland.gov

Analysis Score

0–100
  • Significance65
    How much this matters to a regular citizen
  • Controversy40
    Intensity of disagreement among stakeholders
  • Entertainment5
    Compellingness for a non-policy-wonk reader
  • Buzz25
    Current news / social attention level

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