An Act To Provide Property Tax and Income Tax Relief
PART A
Sec. A-1. 36 MRSA §683, sub-§1, as repealed and replaced by PL 2005, c. 2, Pt. F, §1 and affected by §5, is amended to read:
Sec. A-2. Application. This Part applies to property taxes based on the status of property on or after April 1, 2008.
PART B
Sec. B-1. 36 MRSA §6201, sub-§1, as amended by PL 2005, c. 2, Pt. E, §1 and affected by §§7 and 8, is further amended to read:
Sec. B-2. 36 MRSA §6207, sub-§1, ¶A-1, as amended by PL 2005, c. 2, Pt. E, §4 and affected by §§7 and 8, is further amended to read:
Sec. B-3. Application. This Part applies to applications for benefits made on or after August 1, 2008.
PART C
Sec. C-1. 36 MRSA §5219-S, as amended by PL 2003, c. 20, Pt. GG, §1, is further amended to read:
§ 5219-S. Earned income credit
A taxpayer is allowed a refundable credit against the taxes otherwise due under this Part equal to 5% 25% of the federal earned income credit for the same taxable year , except that for tax years beginning in 2003, 2004 and 2005, the applicable percentage is 4.92% instead of 5%. The credit may not reduce the state income tax to less than zero.
Sec. C-2. Application. This Part applies to tax years beginning on or after January 1, 2008.
PART D
Sec. D-1. 36 MRSA §5126, first ¶, as amended by PL 2001, c. 583, §16, is further amended to read:
For income tax years beginning on or after January 1, 1998 but before January 1, 1999, a resident individual is allowed $2,400 for each exemption that the individual properly claims for the taxable year for federal income tax purposes, unless the taxpayer is claimed as a dependent on another return. For income tax years beginning on or after January 1, 1999 but before January 1, 2000, a resident individual is allowed $2,750 for each exemption that the individual properly claims for the taxable year for federal income tax purposes, unless the taxpayer is claimed as a dependent on another return. For income tax years beginning on or after January 1, 2000 but before January 1, 2007, a resident individual is allowed $2,850 for each exemption that the individual properly claims for the taxable year for federal income tax purposes, unless the taxpayer is claimed as a dependent on another return. For tax years beginning on or after January 1, 2007, a resident individual is allowed the same amount allowed under Section 151 of the Code for each exemption that the individual properly claims for the taxable year for federal income tax purposes, unless the taxpayer is claimed as a dependent on another return.
Sec. D-2. Application. This Part applies to tax years beginning on or after January 1, 2008.
PART E
Sec. E-1. 36 MRSA §5219-N, sub-§1, as amended by PL 2003, c. 390, §48, is further amended to read:
Sec. E-2. Application. This Part applies to tax years beginning on or after January 1, 2008.
PART F
Sec. F-1. 36 MRSA §5111, sub-§1-B, as enacted by PL 1999, c. 731, Pt. T, §3, is amended to read:
If Maine Taxable taxable income is: | The tax is: |
Less than $4,200 | 2% of the Maine taxable income |
At least $4,200 but less than $8,350 | $84 plus 4.5% of the excess over $4,200 |
At least $8,350 but less than $16,700 | $271 plus 7% of the excess over $8,350 |
$16,700 or more | $856 plus 8.5% of the excess over $16,700 |
Sec. F-2. 36 MRSA §5111, sub-§1-C is enacted to read:
If Maine taxable income is: | The tax is: |
Less than $5,000 | 1% of the Maine taxable income |
At least $5,000 but less than $10,000 | $50 plus 2% of the excess over $5,000 |
At least $10,000 but less than $22,500 | $150 plus 5% of the excess over $10,000 |
$22,500 or more | $775 plus 6.99% of the excess over $22,500 |
Sec. F-3. 36 MRSA §5111, sub-§2-B, as enacted by PL 1999, c. 731, Pt. T, §5, is amended to read:
If Maine Taxable taxable income is: | The tax is: |
Less than $6,300 | 2% of the Maine taxable income |
At least $6,300 but less than $12,500 | $126 plus 4.5% of the excess over $6,300 |
At least $12,500 but less than $25,050 | $405 plus 7% of the excess over $12,500 |
$25,050 or more | $1,284 plus 8.5% of the excess over $25,050 |
Sec. F-4. 36 MRSA §5111, sub-§2-C is enacted to read:
If Maine taxable income is: | The tax is: |
Less than $7,500 | 1% of the Maine taxable income |
At least $7,500 but less than $15,000 | $75 plus 2% of the excess over $7,500 |
At least $15,000 but less than $37,500 | $225 plus 5% of the excess over $15,000 |
$37,500 or more | $1,350 plus 6.99% of the excess over $37,500 |
Sec. F-5. 36 MRSA §5111, sub-§3-B, as enacted by PL 1999, c. 731, Pt. T, §7, is amended to read:
If Maine Taxable taxable income is: | The tax is: |
Less than $8,400 | 2% of the Maine taxable income |
At least $8,400 but less than $16,700 | $168 plus 4.5% of the excess over $8,400 |
At least $16,700 but less than $33,400 | $542 plus 7% of the excess over $16,700 |
$33,400 or more | $1,711 plus 8.5% of the excess over $33,400 |
Sec. F-6. 36 MRSA §5111, sub-§3-C is enacted to read:
If Maine taxable income is: | The tax is: |
Less than $10,000 | 1% of the Maine taxable income |
At least $10,000 but less than $20,000 | $100 plus 2% of the excess over $10,000 |
At least $20,000 but less than $45,000 | $300 plus 5% of the excess over $20,000 |
$45,000 or more | $1,550 plus 6.99% of the excess over $45,000 |
Sec. F-7. 36 MRSA §5403, as repealed and replaced by PL 1999, c. 731, Pt. T, §10 and affected by §11, is amended to read:
§ 5403. Annual adjustments for inflation
Beginning in 2002 2008, and each subsequent calendar year thereafter, on or about September 15th, the State Tax Assessor shall multiply the cost-of-living adjustment for taxable years beginning in the succeeding calendar year by the dollar amounts of the tax rate tables specified in section 5111, subsections 1-B 1-C, 2-B 2-C and 3-B 3-C. If the dollar amounts of each rate bracket, adjusted by application of the cost-of-living adjustment, are not multiples of $50, any increase must be rounded to the next lowest multiple of $50. If the cost-of-living adjustment for any taxable year is 1.000 or less, no adjustment may be made for that taxable year in the dollar bracket amounts of the tax rate tables. The assessor shall incorporate such changes into the income tax forms, instructions and withholding tables for the taxable year.
Sec. F-8. Application. The section in this Part that amends the Maine Revised Statutes, Title 36, section 5403 applies to tax years beginning on or after January 1, 2008.
PART G
Sec. G-1. 36 MRSA §5122, sub-§2, ¶L, as amended by PL 2003, c. 705, §11 and affected by §14, is further amended to read:
Sec. G-2. 36 MRSA §5122, sub-§2, ¶T, as amended by PL 2005, c. 519, Pt. LLL, §1 and c. 622, §26, is further amended to read:
For income tax years beginning on or after January 1, 2004, an amount equal to the total premiums spent for qualified long-term care insurance contracts certified under Title 24-A, section 5075-A, as long as the amount subtracted is reduced by any amount claimed as a deduction for federal income tax purposes in accordance with the Code, Section 162(l) and by the long-term care premiums claimed as an itemized deduction pursuant to former section 5125;
Sec. G-3. 36 MRSA §5124-A, as amended by PL 2005, c. 12, Pt. P, §5, is repealed.
Sec. G-4. 36 MRSA §5125, as amended by PL 2005, c. 12, Pt. P, §6 and affected by §10, is repealed.
Sec. G-5. 36 MRSA §5203-C, sub-§1, ¶G, as enacted by PL 2003, c. 673, Pt. JJ, §3 and affected by §6, is amended to read:
(1) Reduced by income that states are prohibited under federal law from subjecting to income tax to the extent included in federal alternative minimum taxable income;
(2) Reduced by income, loss or deductions by which the State decreases federal adjusted gross income in the case of individuals or federal taxable income in the case of corporations, estates and trusts under section 5122 , section 5125, subsection 3 or section 5164, 5176 or 5200-A or as otherwise indicated by law to the extent included in federal alternative minimum taxable income; and
(3) Increased by income, loss or deductions by which the State increases federal adjusted gross income in the case of individuals or federal taxable income in the case of corporations, estates and trusts under section 5122 , section 5125, subsection 3 or section 5164, 5176 or 5200-A or as otherwise indicated by law to the extent not included in federal alternative minimum taxable income.
Sec. G-6. 36 MRSA §5216-C, sub-§1, as enacted by PL 1999, c. 475, §6 and affected by §7, is amended to read:
Only one credit may be claimed on each annual income tax return regardless of filing status. The credit allowed under this section may not reduce the tax to less than 0 and must be applied after allowance for all other eligible credits. A taxpayer who claims a credit under this section may not claim an itemized charitable deduction under section 5125 for the amount of the contribution that qualified for the credit.
Sec. G-7. 36 MRSA §5275, sub-§2, as amended by PL 1979, c. 378, §44, is repealed.
Sec. G-8. Application. This Part applies to tax years beginning on or after January 1, 2008.
PART H
Sec. H-1. 28-A MRSA §1652, sub-§1, as repealed and replaced by PL 1987, c. 342, §116, is amended to read:
Sec. H-2. 28-A MRSA §1652, sub-§2, as amended by PL 1997, c. 767, §4, is further amended to read:
Sec. H-3. Effective date. This Part takes effect July 1, 2008.
PART I
Sec. I-1. 36 MRSA §5200, sub-§1, as amended by PL 2005, c. 618, §6 and affected by §22, is further amended to read:
If the income is: | The tax is: |
Not over $25,000 | 3.5% of the income |
$25,000 but not over $75,000 | $875 plus 7.93% of the excess over $25,000 |
$75,000 but not over $250,000 | $4,840 plus 8.33% of the excess over $75,000 |
$250,000 or more | $19,418 plus 8.93% of the excess over $250,000 |
In the case of an affiliated group of corporations engaged in a unitary business with activity taxable only by Maine, the rates provided in this subsection are applied only to the first $250,000 of the Maine net income of the entire group and must be apportioned equally among the taxable corporations unless those taxable corporations jointly elect a different apportionment. The balance of the Maine net income of the entire group is taxed at 8.93%.
In the case of an affiliated group of corporations engaged in a unitary business with activity taxable both within and without this State, the rates provided in this subsection are applied only to the first $250,000 of the net income of the entire group and must be apportioned equally among the taxable corporations unless those taxable corporations jointly elect a different apportionment. The balance of the net income of the entire group is taxed at 8.93%.
Sec. I-2. Application. This Part applies to tax years beginning on or after January 1, 2008.
PART J
Sec. J-1. 36 MRSA §1811, first ¶, as amended by PL 2001, c. 439, Pt. TTTT, §2 and affected by §3, is further amended to read:
A tax is imposed on the value of all tangible personal property and taxable services sold at retail in this State. The rate of tax is 7% 9% on the value of liquor sold in licensed establishments as defined in Title 28-A, section 2, subsection 15, in accordance with Title 28-A, chapter 43; 7% 9% on the value of rental of living quarters in any hotel, rooming house or tourist or trailer camp; 10% on the value of rental for a period of less than one year of an automobile; 7% 9% on the value of prepared food; and 5% on the value of all other tangible personal property and taxable services. Value is measured by the sale price, except as otherwise provided.
Sec. J-2. Effective date. This Part takes effect July 1, 2008.
PART K
Sec. K-1. 30-A MRSA §5681, sub-§5, as amended by PL 2005, c. 12, Pt. E, §1, is further amended to read:
Sec. K-2. 36 MRSA §1752, sub-§3-B, as amended by PL 1999, c. 698, §1 and affected by §3, is further amended to read:
"Grocery staples" does not include spirituous, malt or vinous liquors; soft drinks, iced tea, sodas or beverages such as are ordinarily dispensed at bars or soda fountains or in connection with bars or soda fountains; medicines, tonics, vitamins and preparations in liquid, powdered, granular, tablet, capsule, lozenge or pill form, sold as dietary supplements or adjuncts, except when sold on the prescription of a physician; water, including mineral bottled and carbonated waters and ice; dietary substitutes; candy and confections; snack food; and prepared food.
Sec. K-3. 36 MRSA §1752, sub-§11, ¶A, as amended by PL 2005, c. 218, §14, is further amended to read:
(1) Conditional sales, installment lease sales and any other transfer of tangible personal property when the title is retained as security for the payment of the purchase price and is intended to be transferred later ; and .
(2) Sale of products for internal human consumption to a person for resale through vending machines when sold to a person more than 50% of whose gross receipts from the retail sale of tangible personal property are derived from sales through vending machines. The tax must be paid by the retailer to the State.
Sec. K-4. 36 MRSA §1752, sub-§14-F is enacted to read:
Sec. K-5. 36 MRSA §1760, sub-§14 is repealed.
Sec. K-6. 36 MRSA §1760, sub-§16, ¶H, as enacted by PL 2005, c. 622, §6, is repealed.
Sec. K-7. 36 MRSA §1760, sub-§16, ¶I, as enacted by PL 2005, c. 622, §6, is repealed.
Sec. K-8. 36 MRSA §1760, sub-§16, ¶K, as enacted by PL 2005, c. 622, §6, is amended to read:
Sec. K-9. 36 MRSA §1760, sub-§16, ¶L, as enacted by PL 2005, c. 622, §6, is amended to read:
Sec. K-10. 36 MRSA §1760, sub-§16, ¶M, as enacted by PL 2005, c. 622, §6, is repealed.
Sec. K-11. 36 MRSA §1760, sub-§17 is repealed.
Sec. K-12. 36 MRSA §1760, sub-§24 is repealed.
Sec. K-13. 36 MRSA §1760, sub-§34, as amended by PL 2005, c. 218, §23, is repealed.
Sec. K-14. 36 MRSA §1760, sub-§43, as amended by PL 1983, c. 828, §6, is repealed.
Sec. K-15. 36 MRSA §1760, sub-§49, as amended by PL 2005, c. 622, §7, is repealed.
Sec. K-16. 36 MRSA §1760, sub-§64, as amended by PL 2003, c. 588, §10, is repealed.
Sec. K-17. 36 MRSA §1760, sub-§65, as amended by PL 1993, c. 670, §6, is repealed.
Sec. K-18. 36 MRSA §1760, sub-§71, as enacted by PL 1989, c. 533, §8, is repealed.
Sec. K-19. 36 MRSA §1760, sub-§75, as enacted by PL 1989, c. 871, §15, is repealed.
Sec. K-20. 36 MRSA §1760, sub-§76, as amended by PL 2003, c. 588, §11, is repealed.
Sec. K-21. 36 MRSA §2551, sub-§1-C is enacted to read:
Sec. K-22. 36 MRSA §2551, sub-§1-D is enacted to read:
Sec. K-23. 36 MRSA §2551, sub-§7-C is enacted to read:
Sec. K-24. 36 MRSA §2551, sub-§12-A is enacted to read:
Sec. K-25. 36 MRSA §2551, sub-§18-A is enacted to read:
Sec. K-26. 36 MRSA §2551, sub-§20-A is enacted to read:
Sec. K-27. 36 MRSA §2552, sub-§1, as amended by PL 2005, c. 386, Pt. S, §§4 to 6 and affected by §9, is further amended to read:
Sec. K-28. 36 MRSA §2557, sub-§3, ¶H, as enacted by PL 2005, c. 622, §10, is repealed.
Sec. K-29. 36 MRSA §2557, sub-§3, ¶I, as enacted by PL 2005, c. 622, §10, is repealed.
Sec. K-30. 36 MRSA §2557, sub-§3, ¶K, as enacted by PL 2005, c. 622, §10, is amended to read:
Sec. K-31. 36 MRSA §2557, sub-§3, ¶L, as enacted by PL 2005, c. 622, §10, is amended to read:
Sec. K-32. 36 MRSA §2557, sub-§3, ¶M, as enacted by PL 2005, c. 622, §10, is repealed.
Sec. K-33. 36 MRSA §2557, sub-§9, as enacted by PL 2003, c. 673, Pt. V, §25 and affected by §29, is repealed.
Sec. K-34. 36 MRSA §2557, sub-§13, as amended by PL 2005, c. 622, §11, is repealed.
Sec. K-35. 36 MRSA §2557, sub-§26, as enacted by PL 2003, c. 673, Pt. V, §25 and affected by §29, is repealed.
Sec. K-36. 36 MRSA §2559, as amended by PL 2005, c. 386, Pt. S, §7 and affected by §9, is further amended to read:
§ 2559. Application of revenues
Revenues derived by the tax imposed by this chapter must be credited to a General Fund suspense account. On or before the last day of each month, the State Controller shall transfer a percentage of the revenues received by the State Tax Assessor during the preceding month pursuant to the tax imposed by section 2552, subsection 1, paragraphs A to F and L to P to the Local Government Fund as provided by Title 30-A, section 5681, subsection 5. The balance remaining in the General Fund suspense account must be transferred to service provider tax General Fund revenue. On or before the 15th day of each month, the State Controller shall transfer all revenues received by the assessor during the preceding month pursuant to the tax imposed by section 2552, subsection 1, paragraphs G to K to the Medical Care Services Other Special Revenue Funds account, the Other Special Revenue Funds Mental Health Services - Community Medicaid program, the Medicaid Services - Mental Retardation program and the Office of Substance Abuse - Medicaid Seed program within the Department of Health and Human Services.
Sec. K-37. Effective date. This Part takes effect July 1, 2008.
summary
This bill provides a framework for property tax relief and income tax relief discussions in the following ways.
Part A increases the homestead property tax exemption from $13,000 to $50,000.
Part B increases benefits by reducing the threshold for 100% reimbursement of property taxes from 8% of income to 6% of income. It also changes the maximum property taxes that may be considered in the formula from $3,000 to $2,400 for single-member households and from $4,000 to $3,400 for households with 2 or more members, having the effect of reducing the income eligibility threshold to $60,000 for single-member households and $85,000 for households with 2 or more members.
Part C increases the earned income tax credit from 5% of the federal credit to 25% and makes it refundable.
Part D provides that the personal exemption under the income tax will be the same as the federal personal exemption, increasing the amount from $2,850 to $3,400 for tax years beginning in 2007.
Part E increases the low-income tax credit threshold from $2,000 of taxable income to $10,000 of taxable income.
Part F reduces personal income tax rates and adjusts brackets.
Part G eliminates the income tax incorporation of the standard deduction or itemized deductions claimed on a federal income tax return.
Part H increases the excise tax on beer from 25¢ per gallon to 50¢ per gallon and on wine from 30¢ per gallon to 45¢ per gallon.
Part I changes the rate of tax on all taxable income for corporations to 8.93%.
Part J increases the sales tax on meals and lodging from 7% to 9%.
Part K repeals various sales tax exemptions and broadens the sales tax and service provider tax to cover certain services not currently taxed. It also reinstitutes the sales tax on nonstaple foods.