| 2. Apportioned credit in certain circumstances. In the case |
of a qualified Pine Tree Development Zone business, as defined in |
Title 30-A, section 5246 5250-I, subsection 17, 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 5250-I, subsection 13, including, but not limited to, a |
qualified Pine Tree Development Zone business that is required to |
file a combined report pursuant to section 5220, subsections 5 |
and 6, the Maine income tax liability of the qualified Pine Tree |
Development Zone business, and the affiliated members of its |
unitary group, if any, upon which the credit provided for in this |
section must be calculated based upon a pro forma determination. |
The pro forma determination must be based on the assumptions that |
all of the business activities conducted by the qualified Pine |
Tree Development Zone business and the affiliated members of its |
unitary group, if any, within this State constitute a unitary |
business and that only the qualified business activity conducted |
in the Pine Tree Development Zone is subject to tax imposed by |
this chapter. The portion of the tax liability of the qualified |
Pine Tree Development Zone business and the affiliated members of |
its unitary group, if any, related to the business activity |
conducted in the Pine Tree Development Zone must be determined by |
use of a percentage, the numerator of which is the property value |
and the payroll for the taxable year directly attributed to the |
qualified business activity of the business and the denominator |
of which is the statewide property value and payroll for the |
taxable year of the qualified business and the members of its |
unitary group. |