| | 1.__Credit allowed.__ Except as provided by subsection 2, a | taxpayer that is a qualified Pine Tree Development Zone | business as defined in Title 30-A, chapter 206, subchapter 3 | is allowed a credit in the amount of: |
|
| A.__One hundred percent of the tax that would otherwise be | due under this Part for each of the first 5 taxable years | that the taxpayer is required to file a return pursuant to | this Part; and |
|
| B.__Fifty percent of the tax that would otherwise be due | under this Part for each of the taxable years beginning | with the 6th year and ending with the 10th year that the | taxpayer is required to file a return pursuant to this | Part. |
|
| | 2.__Apportioned credit in certain circumstances.__In the | case of a business, including an affiliated group, that has a | business presence in the State other than that conducted | within a Pine Tree Development Zone as defined by Title 30-A, | section 5246, subsection 6, including, but not limited to, a | taxpayer that is required to file a combined report pursuant | to section 5206-G or 5244, the assessor shall make a pro forma | determination of the state income tax liability of the | qualified Pine Tree Development Zone business, based upon | which the credit provided by this section is to be calculated.__ | In making the pro forma determination, the assessor shall | assume that all of the business activities conducted by the | taxpayer within this State constitute a unitary business, but | that only the qualified Pine Tree Development Zone business is | subject to the tax imposed by this Part and the assessor shall | apply the apportionment rules set forth in chapter 821 or in | section 5206-E. |
|
| | 3.__Limitation.__The credit provided by this section is | limited to an amount that would not reduce the taxpayer's | liability under this Part, including the aggregate tax | liability under this Part of affiliated members of a unitary | group, to less than the liability under this Part in the | taxable year prior to the commencement of the taxpayer's | activity within a Pine Tree Development Zone as defined in | Title 30-A, chapter 206, subchapter 3. |
|
| | Sec. 5. 36 MRSA §6754, sub-§1, ¶D is enacted to read: |
|
| D.__For qualified employees employed by a qualified Pine Tree | Development Zone business, as defined in Title 30-A, section | 5246, subsection 10 and for whom a certificate of | qualification has been issued in accordance with Title 30-A, | section 5246, subsection 10, the reimbursement is equal to | 100% of the withholding taxes withheld each year for which | reimbursement is requested and attributed to those qualified |
|
|