LD 1385
pg. 9
Page 8 of 10 An Act To Establish the Pine Tree Development Zones Program Page 10 of 10
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LR 2032
Item 1

 
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


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