LD 1470
pg. 2
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LR 1978
Item 1

 
more than $5,000 must be reported in accordance with section 1951-
A.

 
Sec. 2. 36 MRSA §4641, sub-§1-A, ¶¶A and B, as enacted by PL 2001, c.
559, Pt. I, §1 and affected by §15, are amended to read:

 
A. In the case of a corporation, "controlling interest"
means either 50% or more than 50% of the total combined
voting power of all classes of stock of the corporation
entitled to vote or 50% or more than 50% of the capital,
profits or beneficial interest in the voting stock of the
corporation.

 
B. In the case of a partnership, association, trust or
other entity, "controlling interest" means 50% or more than
50% of the capital, profits or beneficial interest in the
partnership, association, trust or other entity.

 
Sec. 3. 36 MRSA §4641-D, 2nd ¶ from the end, as amended by P&SL 1975, c.
78, §21, is further amended to read:

 
The register of deeds shall transmit both copies of the
declaration of value to the State Tax Assessor not later than 40
days from the date of recordation of the deed subject to the tax
or, in the case of a transfer of a controlling interest subject
to tax under this chapter, no later than the 10th day of the
month following the month in which the report of the transfer is
received by the register of deeds.

 
Sec. 4. 36 MRSA §4641-E, 2nd ¶, as amended by PL 2001, c. 559, Pt. I,
§11 and affected by §15, is further amended to read:

 
Within 3 years of the recording of a deed subject to the tax
imposed by this chapter or of the date on which a transfer of a
controlling interest in an entity subject to taxation under this
chapter is reported to the register of deeds, the State Tax
Assessor may examine any books, papers, records or memoranda of
the grantor or grantee bearing upon the amount of tax payable,
and may enforce that right of examination by subpoena. If the
assessor determines that there is a deficiency of taxes due under
this chapter, such deficiency must be assessed, together with
interest and penalties, with notice to the persons liable, but no
such assessment may be made more than 3 years after the date of
recording or transfer.

 
Sec. 5. 36 MRSA §5122, sub-§2, ¶M, as amended by PL 2001, c. 396, §34
and affected by §50, is further amended to read:


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