SP0616
LD 1564		 Session - 127th Maine Legislature
C "B", Filing Number S-352, Sponsored by
LR 2444
Item 3
Bill Tracking, Additional Documents Chamber Status

Amend the bill by striking out all of section 2 and inserting the following:

‘Sec. 2. 36 MRSA §5122, sub-§1, ¶II,  as corrected by RR 2015, c. 1, §41, is amended to read:

II. For taxable years beginning in 2014:

(1) An amount equal to the net increase in depreciation attributable to the depreciation deduction claimed by the taxpayer under the Code, Section 168(k) with respect to property placed in service in the State during the taxable year for which a credit is claimed under section 5219-MM for that taxable year; and

(2) An amount equal to the net increase in depreciation attributable to the depreciation deduction claimed by the taxpayer under the Code, Section 168(k) with respect to property for which a credit is not claimed under section 5219-MM; and

Sec. 3. 36 MRSA §5122, sub-§1, ¶JJ,  as enacted by PL 2015, c. 267, Pt. DD, §8, is amended to read:

JJ. For tax years beginning on or after January 1, 2016, an amount equal to the taxpayer base multiplied by the following fraction:

(1) For single individuals and married persons filing separate returns, the numerator is the taxpayer's Maine adjusted gross income less $70,000, except that the numerator may not be less than zero, and the denominator is $75,000. In no case may the fraction contained in this subparagraph produce a result that is more than one. The $70,000 amount used to calculate the numerator in this subparagraph must be adjusted for inflation in accordance with section 5403, subsection 3;

(2) For individuals filing as heads of households, the numerator is the taxpayer's Maine adjusted gross income less $105,000, except that the numerator may not be less than zero, and the denominator is $112,500. In no case may the fraction contained in this subparagraph produce a result that is more than one. The $105,000 amount used to calculate the numerator in this subparagraph must be adjusted for inflation in accordance with section 5403, subsection 3; or

(3) For individuals filing married joint returns or surviving spouses, the numerator is the taxpayer's Maine adjusted gross income less $140,000, except that the numerator may not be less than zero, and the denominator is $150,000. In no case may the fraction contained in this subparagraph produce a result that is more than one. The $140,000 amount used to calculate the numerator in this subparagraph must be adjusted for inflation in accordance with section 5403, subsection 3.

For purposes of this paragraph, "taxpayer base" means either the taxpayer’s applicable standard deduction amount for the taxable year determined under section 5124-B or, if itemized deductions are claimed, the taxpayer’s itemized deductions claimed for the taxable year determined under section 5125 . ;

Sec. 4. 36 MRSA §5122, sub-§1, ¶¶KK to MM  are enacted to read:

KK.  For taxable years beginning in 2015:

(1) An amount equal to the net increase in depreciation attributable to the depreciation deduction claimed by the taxpayer under the Code, Section 168(k) with respect to property placed in service in the State during the taxable year for which a credit is claimed under section 5219-NN for that taxable year; and

(2) An amount equal to the net increase in depreciation attributable to the depreciation deduction claimed by the taxpayer under the Code, Section 168(k) with respect to property for which a credit is not claimed under section 5219-NN;

LL.  An amount equal to the sum of the following:

(1) For taxable years beginning on or after January 1, 2016 but before January 1, 2020, an amount equal to the net increase in depreciation attributable to the depreciation deduction claimed by the taxpayer for the taxable year under the Code, Section 168(k); and

(2) For taxable years beginning on or after January 1, 2016, an amount equal to the net increase in aggregate cost under Section 179 of the Code arising from amendments to the Code enacted in the federal Consolidated Appropriations Act, 2016, Public Law 114-113 applicable to the taxable year; and

MM.  For taxable years beginning on or after January 1, 2016, the amount of the deduction claimed pursuant to the Code, Section 62(a)(2)(D) for eligible educator expenses.

Sec. 5. 36 MRSA §5122, sub-§2, ¶MM,  as amended by PL 2015, c. 1, §6, is further amended to read:

MM. For taxable years beginning on or after January 1, 2014, an amount equal to the net increase in the depreciation deduction allowable under the Code, Sections 167 and 168 that would have been applicable to that property had the depreciation deduction under the Code, Section 168(k) not been claimed with respect to such property placed in service during the taxable year beginning in 2013 for which an addition was required under subsection 1, paragraph HH, subparagraph (2) for the taxable year beginning in 2013.

Upon the taxable disposition of property to which this paragraph applies, the amount of any gain or loss includable in federal adjusted gross income must be adjusted for Maine income tax purposes by an amount equal to the difference between the addition modification for such property under subsection 1, paragraph HH, subparagraph (2) and the subtraction modifications allowed pursuant to this paragraph.

The total amount of subtraction claimed under this paragraph for all tax years may not exceed the addition modification under subsection 1, paragraph HH, subparagraph (2) for the same property; and

Sec. 6. 36 MRSA §5122, sub-§2, ¶NN,  as enacted by PL 2015, c. 1, §7, is amended to read:

NN. For taxable years beginning on or after January 1, 2015, an amount equal to the net increase in the depreciation deduction allowable under the Code, Sections 167 and 168 that would have been applicable to that property had the depreciation deduction under the Code, Section 168(k) not been claimed with respect to such property placed in service during the taxable year beginning in 2014 for which an addition was required under subsection 1, paragraph II, subparagraph (2) for the taxable year beginning in 2014.

Upon the taxable disposition of property to which this paragraph applies, the amount of any gain or loss includable in federal adjusted gross income must be adjusted for Maine income tax purposes by an amount equal to the difference between the addition modification for such property under subsection 1, paragraph II, subparagraph (2) and the subtraction modifications allowed pursuant to this paragraph.

The total amount of subtraction claimed under this paragraph for all tax years may not exceed the addition modification under subsection 1, paragraph II, subparagraph (2) for the same property . ;

Sec. 7. 36 MRSA §5122, sub-§2, ¶¶OO  and PP  are enacted to read:

OO.  For taxable years beginning on or after January 1, 2016, an amount equal to the net increase in the depreciation deduction allowable under the Code, Sections 167 and 168 that would have been applicable to that property had the depreciation deduction under the Code, Section 168(k) not been claimed with respect to such property placed in service during the taxable year beginning in 2015 for which an addition was required under subsection 1, paragraph KK, subparagraph (2) for the taxable year beginning in 2015.

Upon the taxable disposition of property to which this paragraph applies, the amount of any gain or loss includable in federal adjusted gross income must be adjusted for Maine income tax purposes by an amount equal to the difference between the addition modification for such property under subsection 1, paragraph KK, subparagraph (2) and the subtraction modifications allowed pursuant to this paragraph.

The total amount of subtraction claimed under this paragraph for all tax years may not exceed the addition modification under subsection 1, paragraph KK, subparagraph (2) for the same property; and

PP.  For taxable years beginning on or after January 1, 2017, an amount equal to the net increase in:

(1) The depreciation deduction allowable under the Code, Sections 167 and 168 that would have been applicable to that property had the depreciation deduction under the Code, Section 168(k) not been claimed with respect to such property placed in service during the applicable taxable year for which an addition was required under subsection 1, paragraph LL, subparagraph (1) for the applicable taxable year; and

(2) The depreciation deduction allowable under the Code, Sections 167 and 168 that would have been applicable to that property had the increased cost under the Code, Section 179 not been claimed with respect to such property placed in service during the applicable taxable year for which an addition was required under subsection 1, paragraph LL, subparagraph (2) for the applicable taxable year.

Upon the taxable disposition of property to which this paragraph applies, the amount of any gain or loss includable in federal adjusted gross income must be adjusted for Maine income tax purposes by an amount equal to the difference between the addition modification for such property under subsection 1, paragraph LL and the subtraction modifications allowed pursuant to this paragraph.

The total amount of subtraction claimed under this paragraph for all tax years may not exceed the addition modification under subsection 1, paragraph LL for the same property.

Sec. 8. 36 MRSA §5125, sub-§3, ¶D,  as amended by PL 2015, c. 267, Pt. DD, §16 and amended by c. 340, §1 and affected by §5, is repealed and the following enacted in its place:

D.  Reduced by any amount attributable to interest or expenses incurred in the production of income exempt from tax under this Part;

Sec. 9. 36 MRSA §5125, sub-§3, ¶E,  as repealed by PL 2015, c. 267, Pt. DD, §17 and amended by c. 340, §2 and affected by §5, is repealed.

Sec. 10. 36 MRSA §5125, sub-§3, ¶G,  as enacted by PL 2015, c. 340, §3 and affected by §5, is amended to read:

G. Reduced by the amount of federal itemized deductions included in the base for calculating the credit under section 5218-A . ; and

Sec. 11. 36 MRSA §5125, sub-§3, ¶H  is enacted to read:

H.  For tax years beginning on or after January 1, 2016, reduced by any amount attributable to mortgage insurance premiums treated as qualified residence interest under the Code, Section 163.

Sec. 12. 36 MRSA §5200-A, sub-§1, ¶AA,  as amended by PL 2015, c. 1, §9, is further amended to read:

AA. For taxable years beginning in 2013:

(1) An amount equal to the net increase in depreciation attributable to the depreciation deduction claimed by the taxpayer under the Code, Section 168(k) with respect to property placed in service in the State during the taxable year for which a credit is claimed under section 5219-JJ for that taxable year; and

(2) An amount equal to the net increase in depreciation attributable to the depreciation deduction claimed by the taxpayer under the Code, Section 168(k) with respect to property for which a credit is not claimed under section 5219-JJ; and

Sec. 13. 36 MRSA §5200-A, sub-§1, ¶BB,  as enacted by PL 2015, c. 1, §10, is amended to read:

BB. For taxable years beginning in 2014:

(1) An amount equal to the net increase in depreciation attributable to the depreciation deduction claimed by the taxpayer under the Code, Section 168(k) with respect to property placed in service in the State during the taxable year for which a credit is claimed under section 5219-MM for that taxable year; and

(2) An amount equal to the net increase in depreciation attributable to the depreciation deduction claimed by the taxpayer under the Code, Section 168(k) with respect to property for which a credit is not claimed under section 5219-MM . ;

Sec. 14. 36 MRSA §5200-A, sub-§1, ¶¶CC and DD  are enacted to read:

CC.  For taxable years beginning in 2015:

(1) An amount equal to the net increase in depreciation attributable to the depreciation deduction claimed by the taxpayer under the Code, Section 168(k) with respect to property placed in service in the State during the taxable year for which a credit is claimed under section 5219-NN for that taxable year; and

(2) An amount equal to the net increase in depreciation attributable to the depreciation deduction claimed by the taxpayer under the Code, Section 168(k) with respect to property for which a credit is not claimed under section 5219-NN; and

DD.  An amount equal to the sum of the following:

(1) For taxable years beginning on or after January 1, 2016 but before January 1, 2020, an amount equal to the net increase in depreciation attributable to the depreciation deduction claimed by the taxpayer for the taxable year under the Code, Section 168(k); and

(2) For taxable years beginning on or after January 1, 2016, an amount equal to the net increase in aggregate cost under Section 179 of the Code arising from amendments to the Code enacted in the federal Consolidated Appropriations Act, 2016, Public Law 114-113 applicable to the taxable year.

Sec. 15. 36 MRSA §5200-A, sub-§2, ¶Y,  as amended by PL 2015, c. 1, §12, is further amended to read:

Y. For taxable years beginning on or after January 1, 2014, an amount equal to the net increase in the depreciation deduction allowable under the Code, Sections 167 and 168 that would have been applicable to that property had the depreciation deduction under the Code, Section 168(k) not been claimed with respect to such property placed in service during the taxable year beginning in 2013 for which an addition was required under subsection 1, paragraph AA, subparagraph (2) for the taxable year beginning in 2013.

Upon the taxable disposition of property to which this paragraph applies, the amount of any gain or loss includable in federal taxable income must be adjusted for Maine income tax purposes by an amount equal to the difference between the addition modification for such property under subsection 1, paragraph AA, subparagraph (2) and the subtraction modifications allowed pursuant to this paragraph.

The total amount of subtraction claimed under this paragraph for all tax years may not exceed the addition modification under subsection 1, paragraph AA, subparagraph (2) for the same property; and

Sec. 16. 36 MRSA §5200-A, sub-§2, ¶Z,  as enacted by PL 2015, c. 1, §13, is amended to read:

Z. For taxable years beginning on or after January 1, 2015, an amount equal to the net increase in the depreciation deduction allowable under the Code, Sections 167 and 168 that would have been applicable to that property had the depreciation deduction under the Code, Section 168(k) not been claimed with respect to such property placed in service during the taxable year beginning in 2014 for which an addition was required under subsection 1, paragraph BB, subparagraph (2) for the taxable year beginning in 2014.

Upon the taxable disposition of property to which this paragraph applies, the amount of any gain or loss includable in federal taxable income must be adjusted for Maine income tax purposes by an amount equal to the difference between the addition modification for such property under subsection 1, paragraph BB, subparagraph (2) and the subtraction modifications allowed pursuant to this paragraph.

The total amount of subtraction claimed under this paragraph for all tax years may not exceed the addition modification under subsection 1, paragraph BB, subparagraph (2) for the same property . ;

Sec. 17. 36 MRSA §5200-A, sub-§2, ¶¶AA  and BB  are enacted to read:

AA.  For taxable years beginning on or after January 1, 2016, an amount equal to the net increase in the depreciation deduction allowable under the Code, Sections 167 and 168 that would have been applicable to that property had the depreciation deduction under the Code, Section 168(k) not been claimed with respect to such property placed in service during the taxable year beginning in 2015 for which an addition was required under subsection 1, paragraph CC, subparagraph (2) for the taxable year beginning in 2015.

Upon the taxable disposition of property to which this paragraph applies, the amount of any gain or loss includable in federal taxable income must be adjusted for Maine income tax purposes by an amount equal to the difference between the addition modification for such property under subsection 1, paragraph CC, subparagraph (2) and the subtraction modifications allowed pursuant to this paragraph.

The total amount of subtraction claimed under this paragraph for all tax years may not exceed the addition modification under subsection 1, paragraph CC, subparagraph (2) for the same property; and

BB.  For taxable years beginning on or after January 1, 2017, an amount equal to the net increase in:

(1) The depreciation deduction allowable under the Code, Sections 167 and 168 that would have been applicable to that property had the depreciation deduction under the Code, Section 168(k) not been claimed with respect to such property placed in service during the applicable taxable year for which an addition was required under subsection 1, paragraph DD, subparagraph (1) for the applicable taxable year; and

(2) The depreciation deduction allowable under the Code, Sections 167 and 168 that would have been applicable to that property had the increased cost under the Code, Section 179 not been claimed with respect to such property placed in service during the applicable tax year for which an addition was required under subsection 1, paragraph DD, subparagraph (2) for the applicable tax year.

Upon the taxable disposition of property to which this paragraph applies, the amount of any gain or loss includable in federal taxable income must be adjusted for Maine income tax purposes by an amount equal to the difference between the addition modification for such property under subsection 1, paragraph DD and the subtraction modifications allowed pursuant to this paragraph.

The total amount of subtraction claimed under this paragraph for all tax years may not exceed the addition modification under subsection 1, paragraph DD for the same property.

Sec. 18. 36 MRSA §5219-S, sub-§5  is enacted to read:

5.  Tax years after 2017.   For purposes of calculating the credit under this section for tax years beginning on or after January 1, 2018, the federal earned income credit for individuals with 3 or more qualifying children must be determined using 40% as the credit percentage under the Code, Section 32(b)(1), the federal earned income credit phase-out amount for individuals filing joint returns must be determined in accordance with the Code, Section 32(b)(2)(A) and the Code, Section 32(b)(2)(B) must be disregarded.

Sec. 19. 36 MRSA §5219-NN  is enacted to read:

§ 5219-NN.  Maine capital investment credit for 2015

1.  Credit allowed.   A taxpayer that claims a depreciation deduction under the Code, Section 168(k) for property placed in service in the State during a taxable year beginning in 2015 is allowed a credit as follows:
A.  A taxable corporation is allowed a credit against the taxes imposed by this Part in an amount equal to 9% of the amount of the net increase in the depreciation deduction reported as an addition to income for the taxable year under section 5200-A, subsection 1, paragraph CC, subparagraph (1) with respect to that property, except for excluded property under subsection 2; or
B.  An individual is allowed a credit against the taxes imposed by this Part in an amount equal to 8% of the amount of the net increase in the depreciation deduction reported as an addition to income for the taxable year under section 5122, subsection 1, paragraph KK, subparagraph (1) with respect to that property, except for excluded property under subsection 2.
2.  Certain property excluded.   The following property is not eligible for the credit under this section:
A.  Property owned by a public utility as defined by Title 35-A, section 102, subsection 13;
B.  Property owned by a person that provides radio paging services as defined by Title 35-A, section 102, subsection 15;
C.  Property owned by a person that provides mobile telecommunications services as defined by Title 35-A, section 102, subsection 9-A;
D.  Property owned by a cable television company as defined by Title 30-A, section 2001, subsection 2;
E.  Property owned by a person that provides satellite-based direct television broadcast services;
F.  Property owned by a person that provides multichannel, multipoint television distribution services; and
G.  Property that is not in service in the State for the entire 12-month period following the date it is placed in service in the State.
3.  Limitations; carry-forward.   The credit allowed under subsection 1 may not reduce the tax otherwise due under this Part to less than zero. Any unused portion of the credit may be carried forward to the following year or years for a period not to exceed 20 years.
4.  Recapture.   The credit allowed under this section must be fully recaptured to the extent claimed by the taxpayer if the property forming the basis of the credit is not used in the State for the entire 12-month period following the date it is placed in service in the State. The credit must be recaptured by filing an amended return in accordance with section 5227-A for the tax year in which that property was used to calculate the credit under this section. The amended return must reflect the credit disallowed and the income modifications required by section 5122, subsection 1, paragraph KK and section 5200-A, subsection 1, paragraph CC with respect to that property.

Sec. 20. Application. That section of this Act that amends the Maine Revised Statutes, Title 36, section 111, subsection 1-A applies to tax years beginning on or after January 1, 2015 and to any prior tax years as specifically provided by the United States Internal Revenue Code of 1986 and amendments to that Code as of December 31, 2015.’

summary

This amendment is the minority report the committee. It provides conformity with the Internal Revenue Code of 1986 in the same manner as the majority report but only for tax years beginning in 2015.

This amendment decouples the Maine individual and corporate income taxes from the federal bonus depreciation deductions for taxable years beginning on or after January 1, 2015. In addition, it provides a Maine capital investment credit for taxable years beginning in 2015 with respect to depreciable property placed in service in Maine. The credit is equal to 9% of the amount of the net increase in depreciation attributable to the depreciation deduction claimed by the taxpayer under the United States Internal Revenue Code of 1986, Section 168(k) with respect to property placed in service in the State during the taxable year for taxable corporations; for individuals the credit is 8% of such amount for tax years beginning in 2015.

The amendment also decouples Maine’s individual and corporate income tax from the Code, Section 179 expensing deductions for tax years beginning on or after January 1, 2016. It enacts addition and subtraction modifications to reverse any increase allowed at the federal level for the first year the property is placed in service, and then to allow depreciation deductions for the remainder of the asset’s life.

The amendment decouples Maine’s individual income tax from the teacher expense deduction under the Code, Section 62(a)(2)(D) by requiring an addition modification in the amount of the federal deduction.

The amendment disallows for Maine itemized deduction purposes the federal deduction for mortgage insurance premiums treated as qualified residence interest.

For taxable years beginning after 2017, the amendment decouples the Maine earned income tax credit from the increased federal 45% earned income tax credit rate for taxpayers with 3 or more qualifying children and from the higher phase-out thresholds for married individuals filing joint returns.

FISCAL NOTE REQUIRED
(See attached)

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