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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; |
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| | 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: |
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| 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; |
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| | 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: |
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| 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: |
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| (1) Maine taxable income is not reduced below zero; |
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| (2) The taxable year is within the allowable federal | period for carry-over; and |
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| (3) The amount has not been previously used as a | modification pursuant to this subsection; |
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| | Sec. 57. 36 MRSA §5278, sub-§5, ¶B, as amended by PL 1989, c. 530, §3, | is further amended to read: |
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| 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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