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Old 13-05-2012, 18:11   #1
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Maryland registration

I read the law for Maryland regarding boat registration. If you spend more time in Maryland than any other state, they expect you to register in their state.
How aggressive are they at tracking this?

Say you spent Jan & Feb in Florida and expect to stay in Florida in November & December. Meantime you spend 3 summer months in Maryland...at that time you have more time in Maryland than Florida but expect you will be in Florida later in the year.

Is this a non issue for cruisers?
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Old 13-05-2012, 19:54   #2
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Re: Maryland registration

Like any other State they want taxes... I am sure they have a mandatory time limit, not just more time than some place else...

Most, but not all states use a 90-Day Rule. If your boat is in the state more than 90 days you have to register it there and/or pay taxes to them.

Yes, most cruisers look into this issue and make sure they don't over stay their welcome, in the form of having to pay taxes.
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Old 13-05-2012, 20:22   #3
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Re: Maryland registration

Let me repeat:
"I read the law for Maryland regarding boat registration. If you spend more time in Maryland than any other state, they expect you to register in their state.'"

There is no "60 day or 90 day" rule in the Maryland law.

Next...
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Old 13-05-2012, 20:40   #4
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Re: Maryland registration

Quote:
Originally Posted by gettinthere View Post
Let me repeat:
"I read the law for Maryland regarding boat registration. If you spend more time in Maryland than any other state, they expect you to register in their state.'"

There is no "60 day or 90 day" rule in the Maryland law.

Next...
I was going to post a reply.

But ...
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Old 13-05-2012, 21:16   #5
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Re: Maryland registration

From Maryland Department of Natural Resources - Boating

"If your vessel is duly registered in another jurisdiction but remains in Maryland waters more than 90 days in a calendar year, you may be liable for vessel excise tax unless you can prove principal use in another jurisdiction. "

and

"“Use” means to operate, navigate, or employ a vessel. A vessel is in use whenever it is upon the water, whether it is moving, anchored, or tied up to any manner of dock or buoy. A vessel is also in use if it is kept in any structure in readiness for use. "

I'd say using the boat in FL for half (or more) of the year qualifies as "principal use".

Either way, if you want to find out how strict they are (I don't actually know, and I'd suspect it depends on where the boat is kept), just wait for them to mail you the tax letter. They will give you plenty of time to contest, or pay-up... But until they say something, don't worry about it.

Also, if you're titled and registered in another state, I'm not sure that MD is asking you to title it there instead. They just want that tax money and to put a sticker on your boat. AFAIK, you keep you're original registration.
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Old 13-05-2012, 21:52   #6
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Re: Maryland registration

Your vessel, whether commercial or recreational, must be registered in Maryland if it is:
  • Equipped with any kind of primary or auxiliary mechanical propulsion; and
  • Used in Maryland most in a calendar year.
Note: US Coast Guard documented vessels using Maryland waters are NOT exempt from the vessel excise tax. When used principally in Maryland, documented vessels must display a documented use decal.

If your vessel was purchased in Maryland and will use Maryland waters a majority of the calendar year, you are liable for vessel excise tax and must register the vessel within 30 days of purchase to avoid assessment of penalty and interest.

If your vessel was purchased elsewhere or previously registered in another jurisdiction, is now in Maryland waters, and will use Maryland waters more than any other single jurisdiction during the calendar year, you are liable for vessel excise tax and must register the vessel within 30 days of entering Maryland waters.

If your vessel is duly registered in another jurisdiction but remains in Maryland waters more than 90 days in a calendar year, you may be liable for vessel excise tax unless you can prove principal use in another jurisdiction.

What is "principal use?"
8-701(p) of the State Boat Act

“State of principal use” means the jurisdiction on whose waters a vessel is used or to be used most during a calendar year, which is the period from January 1 through December 31.
.................................................. .................................................. ...

90 days...MAY be required.

We're back to my original issue. Jan, Feb, Mar in Florida. Then Jun, Jul, Aug, Sep in Maryland. Going back to Florida for Nov, Dec. That is 4 months in Maryland but 5 months in Florida...most in a calender year.

What hoops are they going to demand I jump through to prove "most"?

Anyone run into this?
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Old 14-05-2012, 05:23   #7
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Re: Maryland registration

It happens all the time. Many boaters from Pennsylvania, Delaware and New Jersey sail the Maryland portion of the Chesapeake, and the Maryland authorities are very diligent in enforcing the regulations quoted above, because it's a big issue for them with so many out-of-state boats.

If you spend the summer in a marina in Maryland, you'll likely get "caught", because they walk the docks looking for non-Maryland registered boats. You'll need to provide fuel receipts, slip rental agreements, etc. that explicitly prove you were not in Maryland for the require length of time. So, you're guilty until you prove you're innocent, so to speak.
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Old 14-05-2012, 05:29   #8
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Re: Maryland registration

Thanks Hud!
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Old 16-05-2012, 09:18   #9
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Re: Maryland registration

Quote:
Originally Posted by gettinthere View Post
Let me repeat:
"I read the law for Maryland regarding boat registration. If you spend more time in Maryland than any other state, they expect you to register in their state.'"

There is no "60 day or 90 day" rule in the Maryland law.

Next...

Then I guess instead of asking for free advice you should contact a Maryland State Tax Attorney and discuss it with him...

OK now that I have vented, here is a quote from a private Maryland Boat Tax Web site, for the full page go to their web page that is also listed....

Generally speaking, Maryland law recognizes a 90 day period in which a boat can be cruised without tax. If the boat is in Maryland for more than 90 days, then it is taxable if it is in “principal use” in the state. Principal use means that it is in Maryland more than it is in any other single jurisdiction. Thus, if it is in Maryland 100 days, and the remaining time is split between the Virgin Islands, Florida and Maine, it is subject to tax in Maryland, because it was not in any other single jurisdiction more than it was in Maryland.


Boat Tax 2010 – Maryland
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Old 16-05-2012, 11:20   #10
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Re: Maryland registration

I spent the winter in fl I was back in maryland for 3 days before they busted me I sent in my recipts for my slip in fl to the same people that collect the tax I WAS IN FL AND TRAVEL TIME MORE THEN IN MD BUT TRAVEL TIME DOES NOT COUNT no go You can fight it but the penatly is 100% plus the tax You decide
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