LD 1546
pg. 20
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LR 533
Item 1

 
Growth Tax Relief Reconciliation Act of 2003, Public Law
108-27 or pursuant to Section 201 of the federal American
Jobs Creation Act of 2004, Public Law 108-357;

 
Sec. 55. 36 MRSA §5200-A, sub-§2, ¶C, as amended by PL 2003, c. 705,
§13 and affected by §14, is further amended to read:

 
C. An amount equal to the reduction in salaries and wages
expense for federal income tax purposes associated with the
taxpayer's federal work opportunity credit as determined
under the Code, Section 51 or empowerment zone employment
credit as determined under the Code, Section 1396;

 
Sec. 56. 36 MRSA §5200-A, sub-§2, ¶H, as amended by PL 2003, c. 390,
§44 and affected by §53, is further amended to read:

 
H. For each taxable year subsequent to the year of the
loss, an amount equal to the absolute value of the net
operating loss arising from tax years beginning on or after
January 1, 1989 but before January 1, 1993 and the absolute
value of the amount of any net operating loss arising from
tax years beginning on or after January 1, 2002, for which
federal adjusted gross income was increased under subsection
1, paragraph H and that, pursuant to the Code, Section 172,
was carried back for federal income tax purposes, less the
absolute value of loss used in the taxable year of loss to
offset any addition modification required by subsection 1,
but only to the extent that:

 
(1) Maine taxable income is not reduced below zero;

 
(2) The taxable year is within the allowable federal
period for carry-over; and

 
(3) The amount has not been previously used as a
modification pursuant to this subsection;

 
Sec. 57. 36 MRSA §5278, sub-§5, ¶B, as amended by PL 1989, c. 530, §3,
is further amended to read:

 
B. If the claim for credit or refund relates to an overpayment
attributable to a net operating loss carry-back arising from a
tax year beginning before January 1, 2002 or a credit carry-back,
the claim may be made, under regulations prescribed rules adopted
by the assessor, within the period which that ends with the
expiration of the 15th day of the 40th month following the end of
the taxable year of the net operating loss or the unused credit
which that resulted in such the carry-back or the period
prescribed in subsection 3 in respect of such that taxable year,
whichever


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