Amend the bill by striking out all of Part A and inserting the following:
PART A
‘
Sec. A-1. 36 MRSA §1752, sub-§11-B is enacted to read:
Sec. A-2. 36 MRSA §1752, sub-§14, ¶A, as amended by PL 2007, c. 627, §43, is further amended to read:
A.
"Sale price" includes:
(1) Any consideration for services that are a part of a retail sale; and
(2) All receipts, cash, credits and property of any kind or nature and any amount for which credit is allowed by the seller to the purchaser, without any deduction on account of the cost of the property sold, the cost of the materials used, labor or service cost, interest paid, losses or any other expenses . ; and
(3) All consideration received for the rental of living quarters in this State, including any service charge or other charge or amount required to be paid as a condition for occupancy, valued in money, whether received in money or otherwise and whether received by the owner, occupant, manager or operator of the living quarters, by a room remarketer, by a person that operates a transient rental platform or by another person on behalf of any of those persons.
Sec. A-3. 36 MRSA §1752, sub-§20-C is enacted to read:
Sec. A-4. 36 MRSA §1754-B, sub-§1, ¶F, as amended by PL 2005, c. 218, §19, is further amended to read:
F. Every person that manages or operates in the regular course of business or on a casual basis a hotel, rooming house or tourist or trailer camp in this State or that collects or receives rents from on behalf of a hotel, rooming house or tourist or trailer camp in this State;
Sec. A-5. 36 MRSA §1754-B, sub-§1, ¶¶F-1 and F-2 are enacted to read:
F-1. Every person that operates a transient rental platform and reserves, arranges for, offers, furnishes or collects or receives consideration for the rental of living quarters in this State;
F-2. Every room remarketer;
Sec. A-6. Application. Those sections of this Part that enact the Maine Revised Statutes, Title 36, section 1752, subsections 11-B and 20-C and Title 36, section 1754-B, subsection 1, paragraphs F-1 and F-2 and that amend Title 36, section 1752, subsection 14, paragraph A apply to sales occurring on or after October 1, 2018.’
Amend the bill in Part D in section 4 in subsection 4 in paragraph B in the last line (page 8, line 20 in L.D.) by inserting after the following: " taxpayer" the following: ' , stated separately'
Amend the bill in Part G by striking out all of section 1 and inserting the following:
‘Sec. G-1. 36 MRSA §191, sub-§2, ¶SS, as amended by PL 2011, c. 548, §11, is further amended to read:
SS. The disclosure of information to the Finance Authority of Maine necessary for the administration of the new markets capital investment credit in sections 2533 and 5219-HH and to the Commissioner of Administrative and Financial Services as necessary for the execution of the memorandum of agreement pursuant to section 5219-HH, subsection 3;
Amend the bill by inserting after Part G the following:
PART H
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Sec. H-1. 36 MRSA §1759, as amended by PL 2007, c. 627, §46, is further amended to read:
Either as a condition for issuance or subsequent to the issuance of a registration certificate under section 1754-B , 1756 or 1951-B, the State Tax Assessor may require from a taxpayer a bond written by a surety company qualified to do business in this State, in an amount and upon conditions to be determined by the assessor. In lieu of a bond the assessor may accept a deposit of money or securities in an amount and of a kind acceptable to the assessor. The deposit must be delivered to the Treasurer of State, who shall safely keep it subject to the instructions of the assessor.
PART I
Sec. I-1. 36 MRSA §1760, sub-§41, as amended by PL 2011, c. 501, §1, is repealed.
Sec. I-2. 36 MRSA §1760, sub-§41-A is enacted to read:
Sec. I-3. Retroactivity. Notwithstanding the Maine Revised Statutes, Title 1, section 302, this Part applies to purchases made on or after January 1, 2012.’
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section number to read consecutively.
SUMMARY
This amendment makes the following changes to the bill.
1. It removes provisions relating to the application of the sales tax to room remarketers.
2. It provides that a report from the State Tax Assessor to the joint standing committee of the Legislature having jurisdiction over taxation matters regarding the major business headquarters expansion credit must separately state the amount of lost revenue attributable to credits used to reduce tax liability and the amount attributable to refundable credits.
3. It adds a provision clarifying that the State Tax Assessor may require a bond from a taxpayer as a condition of sales tax registration whether the registration is made under the Maine Revised Statutes, Title 36, section 1754-B or 1756 or under section Title 36, 1951-B, which was enacted during the First Regular Session of the 128th Legislature.
4. It amends provisions of the sales tax exemption for certain instrumentalities of interstate or foreign commerce to clarify the calculation of the period during which eligible property is placed in interstate or foreign commerce or intrastate commerce and other conditions of eligibility. This provision is retroactive to purchases made on or after January 1, 2012.
5. It makes a technical correction to the bill, preserving a necessary statutory cross-reference.