HP0633
LD 836
First Regular Session - 125th Maine Legislature
 
LR 1032
Item 1
Bill Tracking, Additional Documents Chamber Status

An Act To Repeal the Alternative Minimum Tax

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 36 MRSA §5203-C,  as amended by PL 2009, c. 434, §77, is repealed.

Sec. 2. 36 MRSA §5217-A,  as amended by PL 2003, c. 673, Pt. JJ, §4 and affected by §6, is further amended to read:

§ 5217-A. Income tax paid to other taxing jurisdiction

A resident individual is allowed a credit against the tax otherwise due under this Part , excluding the tax imposed by section 5203-C, for the amount of income tax imposed on that individual for the taxable year by another state of the United States, a political subdivision of any such state, the District of Columbia or any political subdivision of a foreign country that is analogous to a state of the United States with respect to income subject to tax under this Part that is derived from sources in that taxing jurisdiction. In determining whether income is derived from sources in another jurisdiction, the assessor may not employ the law of the other jurisdiction but shall instead assume that a statute equivalent to section 5142 applies in that jurisdiction. The credit, for any of the specified taxing jurisdictions, may not exceed the proportion of the tax otherwise due under this Part , excluding the tax imposed by section 5203-C, that the amount of the taxpayer's Maine adjusted gross income derived from sources in that taxing jurisdiction bears to the taxpayer's entire Maine adjusted gross income; except that, when a credit is claimed for taxes paid to both a state and a political subdivision of a state, the total credit allowable for those taxes does not exceed the proportion of the tax otherwise due under this Part , excluding the tax imposed by section 5203-C, that the amount of the taxpayer's Maine adjusted gross income derived from sources in the other state bears to the taxpayer's entire Maine adjusted gross income.

Sec. 3. 36 MRSA §5219-H,  as repealed and replaced by PL 2003, c. 673, Pt. F, §1 and affected by §2, is amended to read:

§ 5219-H. Application of credits against taxes

1. Meaning of tax.   Whenever a credit provision in chapter 822, other than section 5219-W, allows for a credit "against the tax otherwise due under this Part," "against the tax imposed by this Part" or similar language, "tax" means all taxes under this Part, except the minimum tax imposed by section 5203-C and the taxes imposed by chapter 827.
2. Meaning of tax liability.   Whenever a credit provided for in chapter 822 is limited by reference to tax liability, "tax liability" means the tax liability for all taxes under this Part, except the minimum tax imposed by section 5203-C and the taxes imposed by chapter 827.

Sec. 4. 36 MRSA §5219-N, sub-§2, ¶A,  as enacted by PL 1997, c. 557, Pt. E, §1 and affected by §2 and Pt. G, §1, is amended to read:

A.  An individual who is claimed as a dependent on another individual's income tax return ; and .

Sec. 5. 36 MRSA §5219-N, sub-§2, ¶B,  as amended by PL 2003, c. 673, Pt. JJ, §5 and affected by §6, is repealed.

summary

This bill repeals the alternative minimum tax for both individual and corporate taxpayers.


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