LD 2012
pg. 2
Page 1 of 2 An Act to Expand the Maine Seed Capital Tax Credit Program LD 2012 Title Page
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LR 2929
Item 1

 
company, S corporation, nontaxable trust or any other entity
that is treated as a flow-through entity for tax purposes
under the federal Internal Revenue Code, the aggregate limit
of $200,000 $500,000 applies to each individual partner,
member, stockholder, beneficiary or equity owner of the entity
and not to the entity itself.

 
Sec. 5. 10 MRSA §1100-T, sub-§4, as amended by PL 2001, c. 446, §3 and
affected by §6, is further amended to read:

 
4. Total of credits authorized. The authority may issue tax
credit certificates to investors eligible pursuant to subsections
2 and 2-A in an aggregate amount not to exceed $2,000,000 up to
and including calendar year 1996, $3,000,000 up to and including
calendar year 1997, $5,500,000 up to and including calendar year
1998, $8,000,000 up to and including calendar year 2001,
$10,000,000 $11,000,000 up to and including calendar year 2002,
$11,000,000 $14,000,000 up to and including calendar year 2003
and $12,000,000 , $17,000,000 up to and including calendar year
2004, $20,000,000 up to and including calendar year 2005,
$23,000,000 up to and including calendar year 2006, $26,000,000
up to and including calendar year 2007 and $30,000,000
thereafter. The authority may provide that investors eligible
for a tax credit under this section in a year when there is
insufficient credit available are entitled to take the credit
when it becomes available.

 
Sec. 6. 36 MRSA §5216-B, sub-§2, as amended by PL 2001, c. 446, §4 and
affected by §6, is further amended to read:

 
2. Credit. An investor is entitled to a credit against the
tax otherwise due under this Part equal to the amount of the tax
credit certificate issued by the Finance Authority of Maine in
accordance with Title 10, section 1100-T and as limited by this
section. In the case of partnerships, limited liability
companies, S corporations, nontaxable trusts and any other
entities that are treated as flow-through entities for tax
purposes under the Code, the individual partners, members,
stockholders, beneficiaries or equity owners of such entities
must be treated as the investors under this section and are
allowed a credit against the tax otherwise due from them under
this Part in proportion to their respective interests in those
partnerships, limited liability companies, S corporations, trusts
or other flow-through entities. Except as limited or authorized
by subsection 3 or 4, 15% 25% of the credit must be taken in the
taxable year the investment is made and 15% 25% per year must be
taken in each of the next 5 3 taxable years and 10% taken in the
next taxable year.

 
Sec. 7. Application. This Act applies to tax credit certificates
issued on or after July 1, 2002 for investments made on or after
July 1, 2002.

 
SUMMARY

 
The bill modifies the Maine Seed Capital Tax Credit Program
administered by the Finance Authority of Maine by increasing the
tax credit available for investments in businesses located in
areas of the State with high unemployment. The bill also
encourages the investment of private capital by allowing
investors to obtain a tax credit on investments of up to $500,000
per company, an increase from $200,000 per company, and allowing
each company to receive up to $5,000,000 in investments for which
investors may receive tax credits, up from $1,000,000.

 
The bill allows the tax credit to be taken over 4 years,
rather than 7 years.


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