LD 1816
pg. 4
Page 3 of 8 An Act Concerning Technical Changes to the Tax Laws Page 5 of 8
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LR 2505
Item 1

 
Sec. 13. 36 MRSA §5122, sub-§1, ¶N, as repealed and replaced by PL
2003, c. 479, §2, is amended to read:

 
N. With respect to property placed in service during the
taxable year, an amount equal to the net increase in
depreciation or expensing attributable to:

 
(1) For taxable years beginning on or after January 1,
2002 but prior to January 1, 2005 2006, a 30% bonus
depreciation deduction claimed by the taxpayer pursuant
to Section 101 of the federal Job Creation and Worker
Assistance Act of 2002, Public Law 107-147 with respect
to property placed in service during the taxable year;

 
(2) For taxable years beginning on or after January 1,
2002 but prior to January 1, 2006, a 50% bonus
depreciation deduction claimed by the taxpayer pursuant
to Section 201 of the federal Jobs and Growth Tax
Relief Reconciliation Act of 2003, Public Law 108-27
with respect to property placed in service during the
taxable year; and

 
(3) For taxable years beginning on or after January 1,
2003 but prior to January 1, 2006, the increase in
aggregate cost claimed under Section 179 of the Code
pursuant to Section 202 of the federal Jobs and Growth
Tax Relief Reconciliation Act of 2003, Public Law 108-
27;

 
Sec. 14. 36 MRSA §5122, sub-§2, ¶H, as amended by PL 2003, c. 390, §32
and affected by §53, is further amended to read:

 
H. For each taxable year subsequent to the year of the
loss, an amount equal to the absolute value of the net
operating loss arising from tax years beginning on or after
January 1, 1989, but before January 1, 1993, for which
federal adjusted gross income was increased in accordance
with subsection 1, paragraph H, and the absolute value of
the amount of any net operating loss arising from tax years
beginning on or after January 1, 2002, for which federal
adjusted gross income was increased in accordance with
subsection 1, paragraph H and that pursuant to the Code,
Section 172 was carried back for federal income tax
purposes, less the absolute value of loss used in the
taxable year of loss to offset any addition modification
required by subsection 1, but only to the extent that:

 
(1) Maine taxable income is not reduced below zero;


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