LD 449
pg. 9
Page 8 of 13 PUBLIC Law Chapter 351 Page 10 of 13
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LR 416
Item 1

 
credit associated with the taxpayer's qualified business activity.

 
Sec. 12. 36 MRSA §2529, sub-§4 is enacted to read:

 
4.__Definitions.__As used in this section, unless the context
otherwise indicates, the following terms have the following
meanings.

 
A.__"Property" means the average value of the taxpayer's
real and tangible personal property that is owned or rented
and used during the tax period.__Property owned by the
taxpayer is valued at its original cost.__Property rented by
the taxpayer is valued at 8 times the net annual rental
rate.__The net annual rental rate is the annual rental rate
paid by the taxpayer.

 
B.__"Payroll" means the total amount paid in this State
during the tax period by the taxpayer for compensation,
including wages, pretax employee contributions made to a
benefit package and employer contributions made to an
employee benefit package.

 
Sec. 13. 36 MRSA §5219-W, sub-§1, ¶¶A and B, as amended by PL 2003, c.
688, Pt. D, §5, are repealed and the following enacted in their
place:

 
A. One hundred percent of the tax that would otherwise be
due under this Part for each of the first 5 tax years
beginning with the tax year in which the taxpayer commences
its qualified business activity, as defined in Title 30-A,
section 5250-I, subsection 16; and

 
B.__Fifty percent of the tax that would otherwise be due
under this Part for each of the 5 tax years following the
time period in paragraph A.

 
Sec. 14. 36 MRSA §5219-W, sub-§2, as amended by PL 2003, c. 688, Pt.
D, §5, is repealed and the following enacted in its place:

 
2.__Apportioned credit in certain circumstances.__In the case
of a qualified Pine Tree Development Zone business as defined in
Title 30-A, section 5250-I, subsection 17 that engages in both
qualified and nonqualified business activities in this State, the
credit provided for in this section is limited to that portion
that is attributable to the qualified business activity.__The
limitation is calculated by an apportionment.__The apportionment
is determined by a fraction, the numerator of which is the
property value plus the payroll for the taxable year attributed
to the qualified business activity of the business and


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