Sec. 12. 36 MRSA §1814, sub-§1, as enacted by PL 1977, c. 316, §1, is amended to read:

1. Tax liability. Whenever the tax collected by a retailer for any period exceeds that provided by law, whether the excess is attributable to the collection of tax on exempt or nontaxable transactions or erroneous computation, the total amount collected, excluding only that portion of the excess which that has been returned or credited to the person or persons from whom it was collected, shall constitute constitutes a tax liability of the retailer and shall that must be reported and paid at the time and in the manner provided by sections 1951 1951-A and 1952.

Sec. 13. 36 MRSA §1861-A, as amended by PL 2001, c. 583, §12, is further amended to read:

§1861-A. Reporting use tax on individual income tax returns

The assessor shall provide that individuals report use tax on items with a purchase price of $1,000 or less on their Maine individual income tax returns. Taxpayers are required to attest to the amount of their use tax liability for the period of the tax return. Alternatively, they may elect to report an amount that is .04% of their Maine adjusted gross income. The table amount does not relate to items with a purchase price in excess of $1,000. Liability arising from such items must be added to the table amount. Upon subsequent review, if use tax liability for the period of the return exceeds the amount of liability arising from the return, a credit of the amount of liability arising from the return is allowed subject to the limitation set out in this section. The credit is limited to the amount of liability arising from the return for items with a sale price of $1,000 or less and may be applied only against a liability determined on review with regard to items with a sale price of $1,000 or less. Use tax on any item with a purchase price of more than $1,000 must be reported in accordance with section 1951-A.