An Act To Make Technical Changes to Maine's Tax Laws
PART A
Sec. A-1. 36 MRSA §191, sub-§2, as amended by PL 2015, c. 490, §§2 to 4 and c. 494, Pt. A, §§41 to 43, is further amended to read:
(1) The name and address of the person to whom the requested information relates;
(2) The taxable period or periods to which the requested information relates;
(3) The statutory authority under which the criminal investigation or prosecution is being conducted; and
(4) The specific reason the requested information is, or may be, relevant to the criminal investigation or prosecution.
The Attorney General or a district attorney, assistant district attorney or law enforcement agency to which the Attorney General has disclosed tax information related to a person who is the subject of a criminal investigation or prosecution shall retain physical control of that information until the conclusion of the criminal investigation or prosecution for which the information was requested, after which the information must be returned immediately to the assessor;
(1) Information regarding the underlying tax liability to the extent necessary to apprise the individual of the basis of the assessment;
(2) The name of any other individual against whom an assessment has been made for the same underlying tax debt; and
(3) The general nature of any steps taken by the assessor to collect the underlying tax debt from any other individuals and the amount collected;
(1) The current mailing address for a taxpayer for purposes of returning unclaimed or abandoned property to the rightful owner or heir; and
(2) The names and mailing addresses of all Maine corporate income tax filers in an electronic medium prescribed by the State Tax Assessor;
(1) Who signed the return;
(2) Who is the personal representative or executor of the estate filing the return;
(3) Who was a member of the partnership filing the return during any part of the period covered by the return;
(4) Who is a trustee of the trust filing the return;
(5) Who was a shareholder during any part of the period covered by the return filed by an S corporation;
(6) Who is an officer, or a bona fide shareholder of record owning 1% or more of the outstanding stock, of the corporation filing the return;
(7) Who is the person authorized to act for the corporation if the corporation has been dissolved; or
(8) Who is the duly authorized representative of any of the persons described in subparagraphs (1) to (7).
The exception under this paragraph does not include the disclosure of confidential information of a particular partner, shareholder, beneficiary or trustee or other person receiving income from one of the entities described in subparagraphs (1) to (8) unless otherwise authorized;
PART B
Sec. B-1. 36 MRSA §305, sub-§1, as amended by PL 2003, c. 426, §2, is further amended to read:
The equalized just value must be uniformly assessed in each municipality and unorganized place and be based on 100% of the current market value. The bureau's valuation documents must separately show for each municipality and unorganized place the actual or estimated value of all real estate that is exempt from property taxation by law or is the captured value within a tax increment financing district that is used to finance that district's development plan, as reported on the municipal valuation return filed pursuant to section 383, or that is the sheltered value of a municipal incentive development zone;
Sec. B-2. 36 MRSA §327, sub-§3, as amended by PL 2001, c. 583, §10, is further amended to read:
Sec. B-3. 36 MRSA §576, first and 2nd ¶¶, as amended by PL 1997, c. 504, §6, are further amended to read:
The State Tax Assessor shall determine the average annual net wood production rate for each forest type described in section 573, subsections 5 to , 6 and 7, in each county or region to be used in determining valuations applicable to forest land under this subchapter, on the basis of the surveys of average annual growth rates applicable in the State made from time to time by the United States Forest Service or by the Maine Forestry Bureau. The growth rate surveys must be reduced by the percentage discount factor prescribed by section 576-B to reflect the growth that can be extracted on a sustained basis. The rates when determined remain in effect without change for each county through the property tax year ending March 31, 1975. In 1974 and in every 10th year thereafter, the State Tax Assessor shall review and set rates for the following 10-year period in the same manner.
The State Tax Assessor shall determine the average stumpage value for each forest type described in section 573, subsections 5 to , 6 and 7, applicable in each county, or in alternative forest economic regions as the assessor designates, after passage of this subchapter and in each year thereafter, taking into consideration the prices upon sales of sound standing timber of that forest type in that area during the previous calendar year, and any other appropriate considerations.
Sec. B-4. 36 MRSA §578, sub-§1, as amended by PL 2011, c. 404, §1, is further amended to read:
The State Tax Assessor shall determine annually the amount of acreage in each municipality that is classified and taxed in accordance with this subchapter. Each municipality is entitled to annual payments distributed in accordance with this section from money appropriated by the Legislature if it submits an annual return in accordance with section 383 and if it achieves the minimum assessment ratio established in section 327. The State Tax Assessor shall pay any municipal claim found to be in satisfactory form by August 1st October 15th of the year following the submission of the annual return. The municipal reimbursement appropriation is calculated on the basis of 90% of the per acre tax revenue lost as a result of this subchapter. For property tax years based on the status of property on April 1, 2008 and April 1, 2009, municipal reimbursement under this section is further limited to the amount appropriated by the Legislature and distributed on a pro rata basis by the State Tax Assessor for all timely filed claims. For purposes of this section, "classified forest lands" means forest lands classified pursuant to this subchapter as well as all areas identified as forested land within farmland parcels that are transferred from tree growth classification pursuant to section 1112 on or after October 1, 2011. For the purposes of this section, the tax lost is the tax that would have been assessed, but for this subchapter, on the classified forest lands if they were assessed according to the undeveloped acreage valuations used in the state valuation then in effect, or according to the current local valuation on undeveloped acreage, whichever is less, minus the tax that was actually assessed on the same lands in accordance with this subchapter, and adjusted for the aggregate municipal savings in required educational costs attributable to reduced state valuation. A municipality that fails to achieve the minimum assessment ratio established in section 327 loses 10% of the reimbursement provided by this section for each one percentage point the minimum assessment ratio falls below the ratio established in section 327.
The State Tax Assessor shall adopt rules necessary to implement the provisions of this section. Rules adopted pursuant to this subsection are routine technical rules for the purposes of Title 5, chapter 375, subchapter 2-A.
(1) "Property tax burden" means the total real and personal property taxes assessed in the most recently completed municipal fiscal year, except the taxes assessed on captured value within a tax increment financing district, divided by the latest state valuation certified to the Secretary of State.
(2) "Undeveloped land" means rear acreage and unimproved nonwaterfront acreage that is not:
(a) Classified under the laws governing current use valuation set forth in chapter 105, subchapter 2-A, 10 or 10-A;
(b) A base lot; or
(c) Waste land.
(3) "Average value of undeveloped land" means the per acre undeveloped land valuations used in the state valuation then in effect, or according to the current local valuation on undeveloped land as determined for state valuation purposes, whichever is less.
(4) "Reduced tree growth valuation" means the difference between the average value of undeveloped land and the average value of tree growth land times the total number of acres classified as forest land under this subchapter plus the total number of acres of forest land that is transferred from tree growth classification to farmland classification pursuant to section 1112 on or after October 1, 2011.
Sec. B-5. 36 MRSA §603, sub-§1-A, as enacted by PL 1987, c. 303, is amended to read:
For purposes of this subsection, "primary location" means the place where the cargo trailer is usually based and where it regularly returns for repairs, supplies and activities related to its use.
Sec. B-6. 36 MRSA §653, sub-§1, ¶E, as repealed and replaced by PL 1995, c. 462, Pt. A, §68, is amended to read:
Sec. B-7. 36 MRSA §691, sub-§1, ¶A, as amended by PL 2009, c. 571, Pt. II, §1 and affected by §5, is further amended to read:
"Eligible business equipment" does not include:
(1) Office furniture, including, without limitation, tables, chairs, desks, bookcases, filing cabinets and modular office partitions;
(2) Lamps and lighting fixtures used primarily for the purpose of providing general purpose office or worker lighting;
(3) Property owned or used by an excluded person;
(4) Telecommunications personal property subject to the tax imposed by section 457;
(5) Gambling machines or devices, including any device, machine, paraphernalia or equipment that is used or usable in the playing phases of any gambling activity as that term is defined in Title 8, section 1001, subsection 15, whether that activity consists of gambling between persons or gambling by a person involving the playing of a machine. "Gambling machines or devices" includes, without limitation:
(a) Associated equipment as defined in Title 8, section 1001, subsection 2;
(b) Computer equipment used directly and primarily in the operation of a slot machine as defined in Title 8, section 1001, subsection 39;
(c) An electronic video machine as defined in Title 17, section 1831, subsection 4;
(d) Equipment used in the playing phases of lottery schemes; and
(e) Repair and replacement parts of a gambling machine or device;
(6) Property located at a retail sales facility and used primarily in a retail sales activity unless the property is owned by a business that operates a retail sales facility in the State exceeding 100,000 square feet of interior customer selling space that is used primarily for retail sales and whose Maine-based operations derive less than 30% of their total annual revenue on a calendar year basis from sales that are made at a retail sales facility located in the State. For purposes of this subparagraph, the following terms have the following meanings:
(a) "Primarily" means more than 50% of the time;
(b) "Retail sales activity" means an activity associated with the selection and purchase of goods or services or the rental of tangible personal property. "Retail sales activity" does not include production as defined in section 1752, subsection 9-B; and
(c) "Retail sales facility" means a structure used to serve customers who are physically present at the facility for the purpose of selecting and purchasing goods or services at retail or for renting tangible personal property. "Retail sales facility" does not include a separate structure that is used as a warehouse or call center facility;
(7) Property that is not entitled to an exemption by reason of the additional limitations imposed by subsection 2; or
(8) Personal property that would otherwise be entitled to exemption under this subchapter used primarily to support a telecommunications antenna used by a telecommunications business subject to the tax imposed by section 457.
Sec. B-8. 36 MRSA §693, sub-§1, as amended by PL 2013, c. 544, §1 and affected by §7, is further amended to read:
All notices and requests provided pursuant to this subsection must be made by personal delivery or certified mail and must conspicuously state the consequences of the taxpayer's failure to respond to the notice or request in a timely manner.
If an exemption has already been accepted and the State Tax Assessor subsequently determines that the property is not entitled to exemption, a supplemental assessment must be made within 3 years of the original assessment date with respect to the property in compliance with section 713, without regard to the limitations contained in that section regarding the justification necessary for a supplemental assessment.
Sec. B-9. 36 MRSA §1487, sub-§2, as repealed and replaced by PL 2009, c. 434, §21, is amended to read:
Sec. B-10. 36 MRSA §6271, sub-§3, as enacted by PL 2009, c. 489, §5, is amended to read:
The recording of the tax-deferred properties under this subsection is notice that the municipality claims a lien against those properties in the amount of the deferred taxes plus interest together with any fees paid to the county registry of deeds in connection with the recording. For a property deleted from the list, the recording serves as notice of release or satisfaction of the lien, even though the amount of taxes, interest or fees is not listed.
Sec. B-11. 36 MRSA §6656, sub-§1-A, ¶B, as enacted by PL 2015, c. 239, §2, is amended to read:
PART C
Sec. C-1. 36 MRSA §1752, sub-§3-B, ¶B, as enacted by PL 2015, c. 267, Pt. OOOO, §2 and affected by §7, is amended to read:
Sec. C-2. 36 MRSA §1752, sub-§8-A, ¶C, as enacted by PL 2001, c. 439, Pt. TTTT, §1 and affected by §3, is amended to read:
Sec. C-3. 36 MRSA §1752, sub-§8-D, as enacted by PL 2015, c. 495, §1 and affected by §4, is repealed.
Sec. C-4. 36 MRSA §1760, sub-§5-A, as amended by PL 2015, c. 495, §3 and affected by §4, is repealed and the following enacted in its place:
Sec. C-5. 36 MRSA §1760, sub-§20, as amended by PL 2007, c. 438, §37, is repealed and the following enacted in its place:
Any tax paid by an individual or person specified in paragraph A or B during the initial 28-day period must be refunded by the retailer. If the tax has been reported and paid to the State by the retailer, it may be taken as a credit by the retailer on the return filed by the retailer covering the month in which the refund was made.
Sec. C-6. 36 MRSA §1761, as amended by PL 1979, c. 541, Pt. A, §221, is further amended to read:
§ 1761. Advertising of payment by retailer
It shall be is unlawful for any retailer to advertise or hold out or state to the public or to any consumer, directly or indirectly, that the tax or any part thereof of the tax imposed by chapters 211 to 225 will be assumed or absorbed by the retailer, or that it will not be added to or included in the selling sale price of the property or service sold, or if added or included that it or any part thereof of the tax will be refunded. Any person violating any part of this section shall be guilty of commits a Class E crime.
Sec. C-7. 36 MRSA §1814, sub-§2, as amended by PL 1979, c. 378, §9, is further amended to read:
Sec. C-8. 36 MRSA §2551, sub-§6, as amended by PL 2005, c. 218, §32, is further amended to read:
Sec. C-9. Retroactivity. That section of this Part that amends the Maine Revised Statutes, Title 36, section 1760, subsection 5-A applies retroactively to sales occurring on or after October 1, 2016.
PART D
Sec. D-1. 36 MRSA §5122, sub-§1, ¶II, as amended by PL 2015, c. 388, Pt. A, §3 and c. 490, §5, is further amended to read:
(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. D-2. 36 MRSA §5122, sub-§1, ¶JJ, as amended by PL 2015, c. 490, §6 and c. 494, Pt. B, §5, is repealed.
Sec. D-3. 36 MRSA §5122, sub-§2, ¶X, as amended by PL 2015, c. 300, Pt. A, §39, is further amended to read:
Sec. D-4. 36 MRSA §5122, sub-§2, ¶BB, as amended by PL 2015, c. 382, §3, is repealed.
Sec. D-5. 36 MRSA §5124-B, first ¶, as enacted by PL 2015, c. 267, Pt. DD, §14, is amended to read:
For tax years beginning on or after January 1, 2016, the standard deduction of a resident individual is equal to the sum of the basic standard deduction and any additional standard deduction , subject to the phase-out under subsection 3.
Sec. D-6. 36 MRSA §5124-B, sub-§3 is enacted to read:
Sec. D-7. 36 MRSA §5125, sub-§6 is enacted to read:
Sec. D-8. 36 MRSA §5217-D, sub-§3, as amended by PL 2015, c. 328, §7, is further amended to read:
The credit under this subsection for a qualified individual under subsection 1, paragraph G, subparagraph (1), division (a) who transferred to an accredited Maine community college, college or university from an accredited non-Maine community college, college or university after December 31, 2012 but before January 1, 2016 and who earned no more than 30 credit hours of course work toward the degree at an accredited non-Maine community college, college or university is equal to 50% of the amount otherwise determined under this section in the case of an associate degree and equal to 75% of the amount otherwise determined under this section in the case of a bachelor's degree.
Notwithstanding subsection 2, paragraph C, the credit under this subsection is refundable to the extent the credit is based on loans included in the financial aid package acquired to obtain a bachelor's degree or associate degree in science, technology, engineering or mathematics. For tax years beginning on or after January 1, 2016, the credit under this subsection is refundable to the extent the credit is based on loans included in the financial aid package acquired to obtain an associate degree.
For purposes of this subsection, the proration factor is the amount derived by dividing the total number of academic credit hours earned for a an associate, bachelor's or associate graduate degree after December 31, 2007 by the total number of academic credit hours earned for the associate, bachelor's or associate graduate degree.
Sec. D-9. 36 MRSA §5275, as amended by PL 1979, c. 378, §44, is repealed.
Sec. D-10. 36 MRSA §5403, sub-§4, as enacted by PL 2015, c. 267, Pt. DD, §33, is amended to read:
Sec. D-11. Retroactivity. This Part applies retroactively to tax years beginning on or after January 1, 2016.
PART E
Sec. E-1. 36 MRSA §5122, sub-§1, ¶S, as corrected by RR 2003, c. 2, §117, is repealed.
Sec. E-2. 36 MRSA §5122, sub-§1, ¶V, as repealed and replaced by PL 2007, c. 437, §15, is repealed.
Sec. E-3. 36 MRSA §5216-B, sub-§2, as amended by PL 2015, c. 300, Pt. A, §41, is further amended to read:
Sec. E-4. 36 MRSA §5217-B, as amended by PL 1999, c. 521, Pt. C, §7 and affected by §9, is repealed.
Sec. E-5. 36 MRSA §5219-P, as amended by PL 2005, c. 519, Pt. PPP, §§1 and 2, is repealed.
Sec. E-6. 36 MRSA §5219-BB, sub-§6, as enacted by PL 2007, c. 539, Pt. WW, §4, is amended to read:
Sec. E-7. 36 MRSA §5219-CC, as enacted by PL 2007, c. 693, §33 and affected by §37, is repealed.
Sec. E-8. 36 MRSA §5219-HH, sub-§6, as enacted by PL 2011, c. 548, §33 and affected by §35, is amended to read:
Sec. E-9. 36 MRSA §6754, sub-§2, ¶D, as amended by PL 2001, c. 669, §4, is repealed.
PART F
Sec. F-1. 36 MRSA §1760, sub-§89, as amended by PL 2007, c. 693, §15 and affected by §37, is repealed.
Sec. F-2. 36 MRSA §2017, as reallocated by PL 2007, c. 466, Pt. A, §61 and amended by c. 693, §§17 to 21 and affected by c. 693, §37, is repealed.
PART G
Sec. G-1. 24-A MRSA §5055, sub-§3, as enacted by PL 1989, c. 556, Pt. B, §4, is amended to read:
Sec. G-2. 35-A MRSA §3403, sub-§3, as enacted by PL 2007, c. 693, §5 and affected by §37, is amended to read:
PART H
Sec. H-1. 36 MRSA §5122, sub-§2, ¶M, as amended by PL 2011, c. 657, Pt. R, §1, is further amended to read:
(1) Six thousand dollars reduced by the total amount of the individual's social security benefits and railroad retirement benefits paid by the United States, but not less than $0. The reduction does not apply to benefits paid under a military retirement plan; or
(2) The aggregate of pension benefits under employee retirement plans included in the individual's federal adjusted gross income.
For purposes of this paragraph, the following terms have the following meanings. "Primary recipient" means the individual upon whose earnings the employee retirement plan benefits are based or the surviving spouse of that individual. "Pension benefits" means employee retirement plan benefits reported as pension or annuity income for federal income tax purposes. "Employee retirement plan" means a state, federal or military retirement plan or any other retirement benefit plan established and maintained by an employer for the benefit of its employees under the Code, Section 401(a), Section 403 or Section 457(b), except that distributions made pursuant to a Section 457(b) plan are not eligible for the deduction provided by this paragraph if they are made prior to age 55 and are not part of a series of substantially equal periodic payments made for the life of the primary recipient or the joint lives of the primary recipient and that recipient's designated beneficiary. "Employee retirement plan" does not include an individual retirement account under Section 408 of the Code, a Roth IRA under Section 408A of the Code, a rollover individual retirement account, a simplified employee pension under Section 408(k) of the Code or an ineligible deferred compensation plan under Section 457(f) of the Code. Pension benefits under an employee retirement plan do not include distributions that are subject to the tax imposed by the Code, Section 72(t). "Military retirement plan" means benefits received as a result of service in the active or reserve components of the United States Army, Navy, Air Force, Marines or Coast Guard.
This paragraph does not apply to tax years beginning on or after January 1, 2014;
Sec. H-2. 36 MRSA §5122, sub-§2, ¶M-1, as amended by PL 2015, c. 382, §1, is further amended to read:
For purposes of this paragraph, the following terms have the following meanings.
(1) "Employee retirement plan" means a state, federal or military retirement plan or any other retirement benefit plan established and maintained by an employer for the benefit of its employees under the Code, Section 401(a), Section 403 or Section 457(b), except that distributions made pursuant to a Section 457(b) plan are not eligible for the deduction provided by this paragraph if they are made prior to age 55 and are not part of a series of substantially equal periodic payments made for the life of the primary recipient or the joint lives of the primary recipient and that recipient's designated beneficiary.
(2) "Individual retirement account" means an individual retirement account under Section 408 of the Code, a Roth IRA under Section 408A of the Code, a simplified employee pension under Section 408(k) of the Code or a simple retirement account for employees under Section 408(p) of the Code.
(3) "Military retirement plan" means retirement plan benefits received as a result of service in the active or reserve components of the United States Army, Navy, Air Force, Marines or Coast Guard.
(4) "Pension deduction amount" means $10,000.
(5) "Primary recipient" means the individual upon whose earnings or contributions the retirement plan benefits are based or the surviving spouse of that individual.
(6) "Retirement plan benefits" means employee retirement plan benefits, except pick-up contributions for which a subtraction is allowed under paragraph E, reported as pension or annuity income for federal income tax purposes and individual retirement account benefits reported as individual retirement account distributions for federal income tax purposes. "Retirement plan benefits" does not include distributions that are subject to the tax imposed by the Code, Section 72(t);
Sec. H-3. 36 MRSA §5122, sub-§2, ¶M-2, as amended by PL 2015, c. 382, §2 and c. 390, §8, is further amended to read:
(1) For each individual who is a primary recipient of retirement plan benefits, the reduction is the sum of:
(a) Excluding military retirement plan benefits, an amount that is the lesser of:
(i) The aggregate of retirement plan benefits under employee retirement plans or individual retirement accounts included in the individual’s federal adjusted gross income; and
(ii) The pension deduction amount reduced by the total amount of the individual’s social security benefits and railroad retirement benefits paid by the United States, but not less than $0; and
(b) An amount equal to the aggregate of retirement benefits under military retirement plans included in the individual’s federal adjusted gross income; and
(2) For purposes of this paragraph, the following terms have the following meanings.
(a) "Employee retirement plan" means a state, federal or military retirement plan or any other retirement benefit plan established and maintained by an employer for the benefit of its employees under the Code, Section 401(a), Section 403 or Section 457(b), except that distributions made pursuant to a Section 457(b) plan are not eligible for the deduction provided by this paragraph if they are made prior to age 55 and are not part of a series of substantially equal periodic payments made for the life of the primary recipient or the joint lives of the primary recipient and that recipient's designated beneficiary.
(b) "Individual retirement account" means an individual retirement account under Section 408 of the Code, a Roth IRA under Section 408A of the Code, a simplified employee pension under Section 408(k) of the Code or a simple retirement account for employees under Section 408(p) of the Code.
(c) "Military retirement plan" means retirement plan benefits received as a result of service in the active or reserve components of the United States Army, Navy, Air Force, Marines or Coast Guard.
(d) "Pension deduction amount" means $10,000.
(e) "Primary recipient" means the individual upon whose earnings or contributions the retirement plan benefits are based or the surviving spouse of that individual.
(f) "Retirement plan benefits" means employee retirement plan benefits, except pick-up contributions for which a subtraction is allowed under paragraph E, reported as pension or annuity income for federal income tax purposes and individual retirement account benefits reported as individual retirement account distributions for federal income tax purposes. "Retirement plan benefits" does not include distributions that are subject to the tax imposed by the Code, Section 72(t);