LD 1711
pg. 3
Page 2 of 18 An Act To Make Minor Substantive Changes to the Tax Laws Page 4 of 18
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LR 2951
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of religious worship, excepting sales, storage or use in activities
that are mainly commercial enterprises.

 
Sec. 7. 36 MRSA §1760, sub-§49, as repealed and replaced by PL 1999,
c. 499, §1, is amended to read:

 
49. Child abuse and neglect councils; child advocacy
organizations; community action agencies. Except for the sale,
storage or use for activities that are mainly commercial
enterprises, sales Sales to:

 
A. Incorporated, nonprofit child abuse and neglect councils
as defined in Title 22, section 3872, subsection 1-A;

 
B. Statewide organizations that advocate for children and
that are members of the Medicaid Advisory Committee; and

 
C. Community action agencies designated in accordance with
Title 22, section 5324.

 
Sec. 8. 36 MRSA §1760, sub-§61, as amended by PL 2003, c. 588, §9, is
further amended to read:

 
61. Construction contracts with exempt organizations. Sales
to a construction contractor or its subcontractor of tangible
personal property that is to be physically incorporated in, and
become a permanent part of, real property for sale to any
organization or government agency provided exemption under this
section, except as otherwise provided by section 1760-C.

 
Sec. 9. 36 MRSA §1760-C, as amended by PL 1999, c. 708, §31, is
further amended to read:

 
§1760-C. Exempt activities

 
Unless otherwise provided by section 1760, the sales or use
The tax exemptions provided by that section 1760 to an entity a
person based upon its charitable, nonprofit or other public
purposes apply only if the property or service purchased is
intended to be used by the entity person primarily in the
activity identified by the particular exemption. The tax
exemptions provided by section 1760 to a person based upon its
charitable, nonprofit or other public purposes do not apply where
title is held or taken by the person as security for any
financing arrangement. Exemption certificates issued by the
State Tax Assessor pursuant to section 1760 must identify the
exempt activity and must state that the certificate may be used
by the holder only to purchase when purchasing property or
services intended to be used by the holder primarily in the
exempt activity. When an otherwise qualifying exempt person is


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