LD 2073
pg. 33
Page 32 of 63 An Act To Bring Maine's Sales and Use Tax Law into Conformity with the Streamli... Page 34 of 63
Download Bill Text
LR 3203
Item 1

 
and records and would be eligible for a bad debt deduction for
federal income tax purposes if the claimant were required to file
a federal income tax return.

 
3. Subsequent collection.__If a deduction is taken for a bad
debt under subsection 2 and the debt is subsequently collected in
whole or in part, the tax on the amount so collected must be paid
and reported on the return filed for the period in which the
collection is made.

 
4. Refund authorized.__When the amount of the allowable credit
exceeds the amount of taxable sales for the period during which
the worthless account is written off, a refund claim may be filed
as provided in section 2011. For purposes of this subsection, the
date of overpayment is the due date of the return on which the
credit could first be claimed.

 
5.__Claim by service provider.__If the seller has selected a
certified service provider as an agent to perform all the
seller's sales or use tax functions, the certified service
provider may claim the credit provided by this section on behalf
of the seller. The certified service provider must credit or
refund the full amount of any refund or credit received to the
seller.

 
6.__Application of payments.__For the purpose of reporting a
payment received on a previously claimed worthless account, any
payments made on a debt or account are applied first
proportionally to the taxable price of the property or service
and the sales tax thereon and secondly to interest, service
charges and any other charges.

 
7. Allocation.__The bad debts under subsection 2 may be
allocated among the member states if the books and records of the
person claiming the bad debt allowance support such an
allocation.

 
Sec. 38. 36 MRSA §1812, sub-§1, as reallocated by PL 1999, c. 790, Pt.
A, §48, is repealed and the following enacted in its place:

 
1.__Computation.__Every retailer shall add the sales tax
imposed by section 1811 to the sale price on all sales of
tangible personal property and taxable services that are subject
to tax under this Part. The tax when so added is a debt of the
purchaser to the retailer until it is paid, and is recoverable at
law by the retailer from the purchaser in the same manner as the
sale price.__When the sale price involves a fraction of a dollar,
the tax computation must be carried to the 3rd decimal place,
then rounded down to the next whole cent whenever the 3rd decimal


Page 32 of 63 Top of Page Page 34 of 63