| | 1. Generally. The State Tax Assessor may, through the | Attorney General, file an action in Superior Court applying for | an order to enjoin from doing business any person who has: |
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| A. Failed to register with the bureau assessor when the | person is required to register by any provision of Part 3 or | Part 5 or chapter 723 or by any rule adopted pursuant to | this Title, provided that the assessor has provided written | notice and the person continues to fail to register 15 days | after receiving notice from the assessor of such failure; |
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| B. Failed to file with the assessor any overdue return | required by Part 3 or Part 5 or chapter 723 within 15 days | after receiving notice from the assessor of such failure; |
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| C. Failed to pay any tax required by Part 3 or Part 5 or | chapter 723 when the tax is shown to be due on a return | filed by that person, or that is otherwise conceded by that | person to be due, or has been determined by the assessor to | be due and that determination has become final; |
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| D. Knowingly filed a false return required by Part 3 or | Part 5 or chapter 723; or |
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| E. Failed to deduct and withhold, or truthfully account for | or pay over or make returns of, income taxes in violation of | the provisions of chapter 827. |
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| | Sec. 11. 36 MRSA §184, sub-§3, as enacted by PL 2003, c. 452, Pt. U, | §1 and affected by Pt. X, §2, is amended to read: |
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| | 3. "Person" defined. For purposes of this section, the word | "person" includes, in addition to its defined meaning in section | 111, subsection 3, an officer, director, member, agent or | employee of another person who, in that capacity, is responsible | for the control or management of the funds and finances of that | person or is responsible for either the collection or the payment | of that retailer's person's trust fund taxes. |
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| | Sec. 12. 36 MRSA §191, sub-§3-B is enacted to read: |
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| | 3-B.__Streamlined Sales and Use Tax Agreement.__The State Tax | Assessor and any certified service provider as defined by section | 1752 shall comply with the confidentiality and privacy | requirements set forth in the Streamlined Sales and Use Tax | Agreement as adopted pursuant to chapter 921. |
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| | Sec. 13. 36 MRSA §1482, sub-§5, ¶D, as amended by PL 1997, c. 175, §1, | is further amended to read: |
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