LD 2073
pg. 32
Page 31 of 63 An Act To Bring Maine's Sales and Use Tax Law into Conformity with the Streamli... Page 33 of 63
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LR 3203
Item 1

 
resulting from the undercollection of sales and use tax when
relying on erroneous data provided by the State Tax Assessor
regarding tax rates, boundaries or taxing jurisdiction
assignments or when relying on erroneous data provided by the
assessor in a taxability matrix adopted by the governing board.

 
Sec. 36. 36 MRSA §1811, first ¶, as amended by PL 2001, c. 439, Pt.
TTTT, §2 and affected by §3, is further amended to read:

 
A tax is imposed on the value of all tangible personal
property and taxable services sold at retail in this State. The
rate of tax is 7% on the value of liquor sold in licensed
establishments as defined in Title 28-A, section 2, subsection
15, in accordance with Title 28-A, chapter 43; 7% on the value of
rental of living quarters in any hotel, rooming house or tourist
or trailer camp; 10% on the value of rental for a period of less
than one year of an automobile; 7% on the value of prepared food;
.25% on the value of all fuel, electricity and transmission and
distribution of electricity purchased for use at a manufacturing
facility and 5% on the value of all other tangible personal
property and taxable services. Value is measured by the sale
price, except as otherwise provided.

 
Sec. 37. 36 MRSA §1811-A, as amended by PL 1981, c. 706, §22, is
further amended to read:

 
§1811-A. Credit for worthless accounts

 
The tax paid on sales represented by accounts charged off as
worthless may be credited against the tax due on a subsequent
report filed within 3 years of the charge-off, but, if any such
accounts are thereafter collected by the retailer, a tax shall be
paid upon the amounts so collected subject to the following
provisions.

 
1.__Definition.__For purposes of this section, a worthless
account means a bad debt, as defined in Section 166 of the Code,
adjusted to exclude finance charges or interest, sales or use
taxes charged on the sale price, uncollectible amounts on
property that remains in the possession of the seller until the
full sale price is paid, expenses incurred in attempting to
collect any debt and repossessed property.

 
2. Period.__A credit may be taken on the return filed for the
period during which a worthless account is written off as
uncollectible in the claimant's books and records and is eligible
to be deducted for federal income tax purposes.__A claimant who
is not required to file federal income tax returns may claim the
credit on a return filed for the period in which the worthless
account is written off as uncollectible in the claimant's books


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