An Act To Provide Ongoing Funding for the Historie Preservatien Tax Credit
Maine Legislature, Session 123, LD 2008
Committee: Taxation
Sponsors: COURTNEY, KOFFMAN, HOBBINS, MARRACHE, NASS, FAIRCLOTH, PILON, RECTOR, SAMSON
Amends: 36 MRSA §1951-A, 36 MRSA §5219-R, 36 MRSA §5291

Legislative Document 
No. 2008 
S.P.802 
December 18, 2007 
An Act To Provide Ongoing Funding for the Historie Preservatien 
Tax Credit 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203. 
Received by the Secretary of the Senate on December 18~ 2007. Referred to the Committee 
on Taxation pursuant to Joint Rule 308.2 and ordered printed. 
Presented by Senator COURTNEY of York. 
JOY J. O'BRIEN 
Secretary of the Senate 
Cosponsored by Representative KOFFMAN of Bar Harbor, Senator HOBBINS of York and 
Senators: MARRACHE of Kennebec, NASS of York, Representatives: FAIRCLOTH of 
Bangor, NASS of Acton, PILON of Sa co, RECTOR of Thomaston, SAMSON of Auburn. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 36 MRSA §1951-A, sub-§3 is enacted to read: 
3. Report by rehabilitated historic property retailer. Notwithstanding subsection 
1, a historic property retailer is subject to the reporting requirements of this subsection. 
A. As used in this subsection, the following terms have the following meanings. 
(I) "Historic property" means a certified historic structure or mill that was 
renovated and for which the renovator received the credit for the rehabilitation of 
that historic structure or mill pursuant to section 52l9-R. 
(2) "Historic property retailer" means a retailer located in a historic property. 
B. On or before the 15th day of each month, a historic property retailer shall file with 
the State Tax Assessor a return made under the penalties of perjury on a form 
prescribed by the assessor. The return must report the total sale price of all sales 
made during the preceding calendar month at that historic property retailer's site 
located at the historic property and such other information as the assessor requires. 
The assessor may permit the filing of returns other than monthly. The assessor, by 
routine technical rule, as defined in Title 5, chapter 375, subchapter 2-A, may waive 
reporting nontaxable sales. Upon application of a historic property retailer, the 
assessor shall issue a classified permit establishing the percentage of exempt sales. 
The classified permit may be amended or revoked if the assessor determines that the 
percentage of exempt sales is inaccurate. The assessor may for good cause extend for 
not more than 30 days the time for filing returns required under this Part. Every 
person subject to the use tax shall file similar returns, at similar dates, and pay the tax 
or furnish a receipt for the same from a historic property retailer. 
C. The assessor shall certify to the State Controller by the 15th day of each month 
the amounts collected under this subsection as of the close of the State Controller's 
records for the previous month. 
Sec. 2. 36 MRSA §5219-R, suh-§4 is enacted to read: 
4. Fundin&:. The credit provided pursuant to this section must be funded using sales 
tax revenue generated by historic property retailers and reported to the State Tax Assessor 
pursuant to section 1951-A, subsection 3 and income tax paid by employees of historic 
property retailers, as determined by the State Tax Assessor pursuant to section 5291. For 
purposes of this subsection, "historic property retailer" has the same meaning as in 
section 1951-A, subsection 3, paragraph A. 
Sec. 3. 36 MRSA §5291 is' enacted to read: 
§5291. Determination of income tax &:enerated by historic property employer 
1. Definitions. As used in this section, the following terms have the following 
meanings. 
A. "Historic property" means a certified historic structure or mill that was renovated 
and for which the renovator received the credit for the rehabilitation of that historic 
structure or mill pursuant to section 5219-R. 
B. "Historic property retailer" means a retailer located in a historic property. 
2. Report. The State Tax Assessor shall certify to the State Controller annually by 
June 15th the amount of net Maine income tax collected from an employee of a historic 
property retailer for the immediately prior tax year. 
3. Rulemakine. The State Tax Assessor shall adopt routine technical rules, as 
defined in Title 5, chapter 375, subchapter 2-A, to implement the requirements of this 
section, which may include requiring historic property retailers to register with the bureau 
for purposes of identification as historic property retailers. 
SUMMARY 
This bill provides a source of funding for the income tax credit provided to persons 
who rehabilitate historic properties by earmarking for the credit all sales tax revenue 
generated at such rehabilitated properties and all income tax paid by persons employed at 
those rehabilitated properties.