LD 1394
pg. 13
Page 12 of 16 An Act To Modernize the State's Tax System Page 14 of 16
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LR 1697
Item 1

 
Sec. G-2. 36 MRSA §6651, sub-§§4 and 5 are enacted to read:

 
4.__Qualified service.__"Qualified service" means any of the
following when provided by one person to another for a fee,
retainer, commission or other consideration:__construction
services; printing; retail or wholesale services exclusive of
those performed at or in support of retail facilities;
modification of real or tangible personal property;
development of computer software; leasing by a lessor of
property that would be eligible for reimbursement under this
chapter had the property been owned by the lessee rather than
the lessor; services provided by a financial institution as
defined in section 5206-D, subsection 8; services provided by
credit unions authorized to do business in this State pursuant
to Title 9-B, section 131, subsection 12-A; services provided
by insurance companies subject to taxation under chapter 357;
Internet access services; computer system services, including
but not limited to maintenance, support, development,
management, operation, communication, training, help desk,
data processing, research, analysis, troubleshooting and
similar services involving computer systems; repair,
maintenance, refitting, refurbishing or upgrading commercial
or military watercraft and all machinery, equipment and other
property attached to or located on such watercraft and related
to the use of such watercraft; and transportation services.__
"Qualified service" also includes any activity by a person
engaged in a qualified service that is conducted predominantly
in support of either the qualified service engaged in by that
person or the business activity of that person related to that
qualified service.

 
5.__Retail sales facility.__"Retail sales facility" means a
physical structure or portion thereof located in the State and
predominantly utilized as a facility to serve customers who
are physically present at the facility for the purpose of
selecting and purchasing goods or a nonqualified service at
retail.

 
Sec. G-3. 36 MRSA §6652, sub-§1-B, as amended by PL 2001, c. 396,
§46, is further amended to read:

 
1-B. Certain property excluded. Notwithstanding any other
provision of law, reimbursement pursuant to this chapter may
not be made with respect to the following property:

 
A. Office furniture, including without limitation tables,
chairs, desks, bookcases, filing cabinets and modular
office partitions; and

 
B. Lamps and lighting fixtures.;


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