reglab/statecodes huggingface dataset:
2023 Maine Revised Statutes › TITLE 36: TAXATION › Part 8: INCOME TAXES › Chapter 822: TAX CREDITS › 36 §5219-H. Application of credits against taxes

§5219-H. Application of credits against taxes
1.  Meaning of tax.
Whenever a credit provision in this chapter, other than section 5216‑B, section 5219‑W, section 5219‑BB and the income tax credit under the Maine New Markets Capital Investment Program under Title 10, section 1100‑Z, 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 imposed under this Part, except the minimum tax imposed by section 5203‑C and the taxes imposed by chapter 827.
A. [PL 2003, c. 673, Pt. F, §1 (RP); PL 2003, c. 673, Pt. F, §2 (AFF).]
B. [PL 2003, c. 673, Pt. F, §1 (RP); PL 2003, c. 673, Pt. F, §2 (AFF).]
[PL 2011, c. 644, §29 (AMD); PL 2011, c. 644, §32 (AFF).]
2.  Meaning of tax liability.
Whenever a credit provided for in this chapter is limited by reference to tax liability, "tax liability" means the taxpayer's liability for all taxes imposed under this Part, except the minimum tax imposed by section 5203‑C and the taxes imposed by chapter 827.
A. [PL 2003, c. 673, Pt. F, §1 (RP); PL 2003, c. 673, Pt. F, §2 (AFF).]
B. [PL 2003, c. 673, Pt. F, §1 (RP); PL 2003, c. 673, Pt. F, §2 (AFF).]
[PL 2011, c. 240, §36 (AMD).]
SECTION HISTORY
PL 1991, c. 528, §BBB2 (NEW). PL 1991, c. 528, §RRR (AFF). PL 1991, c. 591, §BBB2 (NEW). PL 2003, c. 673, §F1 (RPR). PL 2003, c. 673, §F2 (AFF). PL 2011, c. 240, §36 (AMD). PL 2011, c. 644, §29 (AMD). PL 2011, c. 644, §32 (AFF).
2023 Maine Revised Statutes › TITLE 36: TAXATION › Part 8: INCOME TAXES › Chapter 822: TAX CREDITS › 36 §5219-I. Nursing home care credit (REPEALED)

§5219-I. Nursing home care credit
(REPEALED)
SECTION HISTORY
PL 1993, c. 410, §YY3 (NEW). PL 1993, c. 410, §YY6 (AFF). PL 1993, c. 711, §1 (RP). PL 1993, c. 711, §3 (AFF).
2023 Maine Revised Statutes › TITLE 36: TAXATION › Part 8: INCOME TAXES › Chapter 822: TAX CREDITS › 36 §5219-J. Catastrophic health expense credit (REPEALED)

§5219-J. Catastrophic health expense credit
(REPEALED)
SECTION HISTORY
PL 1993, c. 711, §2 (NEW). PL 1993, c. 711, §3 (AFF). PL 1995, c. 665, §E3 (RP). PL 1995, c. 665, §E4 (AFF).
2023 Maine Revised Statutes › TITLE 36: TAXATION › Part 8: INCOME TAXES › Chapter 822: TAX CREDITS › 36 §5219-N. Low-income tax credit (REPEALED)

§5219-N. Low-income tax credit
(REPEALED)
SECTION HISTORY
PL 1997, c. 557, §E1 (NEW). PL 1997, c. 557, §§E2,G1 (AFF). PL 2003, c. 390, §48 (AMD). PL 2003, c. 673, §JJ5 (AMD). PL 2003, c. 673, §JJ6 (AFF). PL 2013, c. 331, Pt. C, §35 (RP). PL 2013, c. 331, Pt. C, §40 (AFF).
2023 Maine Revised Statutes › TITLE 36: TAXATION › Part 8: INCOME TAXES › Chapter 822: TAX CREDITS › 36 §5219-P. Clean fuel vehicle economic and infrastructure development (REPEALED)

§5219-P. Clean fuel vehicle economic and infrastructure development
(REPEALED)
SECTION HISTORY
RR 1997, c. 2, §62 (RAL). PL 1999, c. 414, §49 (AMD). PL 2005, c. 519, §§PPP1,2 (AMD). PL 2017, c. 170, Pt. E, §5 (RP).
2023 Maine Revised Statutes › TITLE 36: TAXATION › Part 8: INCOME TAXES › Chapter 822: TAX CREDITS › 36 §5219-T. Credit for consumption of wood processing residue (REPEALED) (REALLOCATED FROM TITLE 36, SECTION 5219-S)

§5219-T. Credit for consumption of wood processing residue
(REPEALED)
(REALLOCATED FROM TITLE 36, SECTION 5219-S)
SECTION HISTORY
RR 1999, c. 2, §35 (RAL). PL 2001, c. 358, §O1 (RP). PL 2001, c. 358, §O6 (AFF).
2023 Maine Revised Statutes › TITLE 36: TAXATION › Part 8: INCOME TAXES › Chapter 822: TAX CREDITS › 36 §5219-U. Educational attainment investment tax credit (REPEALED)

§5219-U. Educational attainment investment tax credit
(REPEALED)
SECTION HISTORY
PL 2001, c. 700, §7 (NEW). PL 2001, c. 700, §§10,11 (AFF). PL 2003, c. 20, §DD5 (AMD). PL 2003, c. 451, §JJ5 (AMD). PL 2005, c. 12, §Q5 (AMD). PL 2007, c. 1, Pt. O, §§6, 7 (AMD). PL 2007, c. 1, Pt. O, §9 (AFF). PL 2007, c. 539, Pt. RR, §2 (RP).
2023 Maine Revised Statutes › TITLE 36: TAXATION › Part 8: INCOME TAXES › Chapter 822: TAX CREDITS › 36 §5219-V. Recruitment credit (REPEALED)

§5219-V. Recruitment credit
(REPEALED)
SECTION HISTORY
PL 2001, c. 700, §7 (NEW). PL 2001, c. 700, §§10,11 (AFF). PL 2003, c. 20, §DD6 (AMD). PL 2003, c. 451, §JJ6 (AMD). PL 2005, c. 12, §Q6 (AMD). PL 2007, c. 1, Pt. O, §8 (AMD). PL 2007, c. 1, Pt. O, §9 (AFF). PL 2007, c. 539, Pt. SS, §2 (RP).
2023 Maine Revised Statutes › TITLE 36: TAXATION › Part 8: INCOME TAXES › Chapter 822: TAX CREDITS › 36 §5219-Y. Certified visual media production credit

§5219-Y. Certified visual media production credit
1.  Credit allowed.
A visual media production company, as defined in Title 5, section 13090‑L, subsection 2‑A, paragraph E, is allowed a credit against the taxes imposed by this Part in an amount equal to 5% of its nonwage visual media production expenses incurred with respect to a certified visual media production as defined in section 6901, subsection 1, if the visual media production company has visual media production expenses of $75,000 or more with respect to that certified visual media production. For purposes of this section, "nonwage visual media production expenses" means visual media production expenses as defined in Title 5, section 13090‑L, subsection 2‑A, paragraph F, except that "nonwage visual media production expenses" does not include certified production wages as defined in section 6901, subsection 2 or any amount that would be included in certified production wages but for the $50,000 limit provided by section 6901, subsection 2.
[PL 2011, c. 240, §37 (AMD).]
2.  Limitation.
The credit allowed by this section may not reduce the tax otherwise due under this Part below zero and may be used only for the taxable year in which the certified visual media production, as defined in section 6901, subsection 1, is completed. Taxpayers claiming a credit under section 5219‑W are not eligible for this credit.
[PL 2009, c. 470, §5 (RPR).]
SECTION HISTORY
PL 2005, c. 519, §GG2 (NEW). PL 2009, c. 470, §5 (RPR). PL 2011, c. 240, §37 (AMD).
2023 Maine Revised Statutes › TITLE 36: TAXATION › Part 8: INCOME TAXES › Chapter 822: TAX CREDITS › 36 §5219-Z. Tax credit for pollution-reducing boilers (REPEALED)

§5219-Z. Tax credit for pollution-reducing boilers
(REPEALED)
SECTION HISTORY
PL 2005, c. 519, §TTT2 (NEW). PL 2005, c. 519, §TTT3 (AFF). MRSA T. 36 §5219-Z, sub-§4 (RP).
2023 Maine Revised Statutes › TITLE 36: TAXATION › Part 8: INCOME TAXES › Chapter 822: TAX CREDITS › 36 §5219-AA. Community wind power generator credit (REPEALED)

§5219-AA. Community wind power generator credit
(REPEALED)
SECTION HISTORY
RR 2005, c. 2, §25 (COR). PL 2005, c. 646, §7 (NEW). MRSA T. 36 §5219-AA, sub-4 (RP).
2023 Maine Revised Statutes › TITLE 36: TAXATION › Part 8: INCOME TAXES › Chapter 822: TAX CREDITS › 36 §5219-CC. Community wind power generator credit (REPEALED)

§5219-CC. Community wind power generator credit
(REPEALED)
SECTION HISTORY
PL 2007, c. 693, §33 (NEW). PL 2007, c. 693, §37 (AFF). PL 2017, c. 170, Pt. E, §7 (RP).
2023 Maine Revised Statutes › TITLE 36: TAXATION › Part 8: INCOME TAXES › Chapter 822: TAX CREDITS › 36 §5219-EE. Maine Public Employees Retirement System innovation finance credit (WHOLE SECTION TEXT EFFECTIVE UNTIL 4/16/29) (WHOLE SECTION TEXT REPEALED 4/16/29)

§5219-EE. Maine Public Employees Retirement System innovation finance credit
(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)
(WHOLE SECTION TEXT EFFECTIVE UNTIL 4/16/29)
(WHOLE SECTION TEXT REPEALED 4/16/29)
1.  Credit allowed.
The Finance Authority of Maine is authorized to issue to the Maine Public Employees Retirement System, referred to in this section as "the retirement system," a refundable credit against the taxes imposed by this Part in an amount certified by the Finance Authority of Maine as equal either to $4,000,000 or 80% of any loss of capital sustained in the innovation finance program established under Title 10, section 1026‑T, whichever is less. Upon receipt of a certification as provided in Title 10, section 1026‑T, subsection 4, paragraph E, the Department of Administrative and Financial Services, Bureau of Revenue Services shall pay the amount certified to the retirement system as provided in that subsection.
[PL 2009, c. 633, §5 (NEW).]
2.  Reimbursement by the retirement system.
In the event that the retirement system incurs a loss and redeems a credit under this section and the retirement system subsequently achieves an aggregate return on all of its investments under the innovation finance program under Title 10, section 1026‑T that exceeds an annualized return of 8%, the retirement system shall reimburse the State in an amount equal to the total amount of credits paid to the retirement system under this section.
[PL 2009, c. 633, §5 (NEW).]
3.  Limitations.
A credit under this section may not be redeemed for any loss occurring after July 1, 2028. Pursuant to Title 10, section 1026‑T, total credits redeemed may not exceed $20,000,000.
[PL 2009, c. 633, §5 (NEW).]
4.  Audit.
The State Tax Assessor may audit any transactions necessary to verify the amount of credits claimed or redeemed under this section. If the assessor determines that a credit larger than that authorized by this section has been received, the assessor may enforce repayment of the overpayment by assessment pursuant to the provisions of chapter 7 or may apply the overpayment against subsequent redemptions made pursuant to this section.
[PL 2009, c. 633, §5 (NEW).]
5.  Repeal.
This section is repealed April 16, 2029.
[PL 2009, c. 633, §5 (NEW).]
SECTION HISTORY
PL 2009, c. 633, §5 (NEW).
2023 Maine Revised Statutes › TITLE 36: TAXATION › Part 8: INCOME TAXES › Chapter 822: TAX CREDITS › 36 §5219-FF. Credit for wellness programs

§5219-FF. Credit for wellness programs
1.  Definitions.
As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
A. "Employee" means an individual who performs services for an employing unit.   [PL 2011, c. 90, Pt. H, §7 (NEW); PL 2011, c. 90, Pt. H, §8 (AFF).]
B. "Employing unit" has the same meaning as in Title 26, section 1043, subsection 10.   [PL 2011, c. 90, Pt. H, §7 (NEW); PL 2011, c. 90, Pt. H, §8 (AFF).]
C. "Qualified wellness program expenditure" means an expenditure made by an employing unit to develop, institute and maintain a wellness program.   [PL 2011, c. 90, Pt. H, §7 (NEW); PL 2011, c. 90, Pt. H, §8 (AFF).]
D. "Wellness program" means a program instituted by an employing unit that improves employee health, morale and productivity, including, without limitation:
(1) Health education programs;
(2) Behavioral change programs, such as counseling or seminars or classes on nutrition, stress management or smoking cessation; and
(3) Incentive awards to employees who engage in regular physical activity.   [PL 2011, c. 90, Pt. H, §7 (NEW); PL 2011, c. 90, Pt. H, §8 (AFF).]
[PL 2011, c. 90, Pt. H, §7 (NEW); PL 2011, c. 90, Pt. H, §8 (AFF).]
2.  Credit allowed.
A taxpayer constituting an employing unit with 20 or fewer employees, on an average monthly basis during the taxable year, is allowed a credit against the tax imposed by this Part for each taxable year beginning on or after January 1, 2014 for a qualified wellness program expenditure made during the taxable year.
[PL 2011, c. 90, Pt. H, §7 (NEW); PL 2011, c. 90, Pt. H, §8 (AFF).]
3.  Record keeping.
An employing unit seeking a credit under subsection 2 is responsible for recording the amount of time employees engage in wellness programs for which the employing unit is claiming an expense.
[PL 2011, c. 90, Pt. H, §7 (NEW); PL 2011, c. 90, Pt. H, §8 (AFF).]
4.  Limit; carry-over.
The total credit for each taxpayer under this section is limited to $100 per employee or $2,000, whichever is less, per tax year. The credit may not reduce the tax otherwise due under this Part to less than zero. A taxpayer entitled to a credit under this section for any taxable year may carry over the portion, as reduced from year to year, of any unused credit and apply it to the tax liability for any one or more of the next succeeding 5 taxable years.
[PL 2011, c. 90, Pt. H, §7 (NEW); PL 2011, c. 90, Pt. H, §8 (AFF).]
SECTION HISTORY
PL 2011, c. 90, Pt. H, §7 (NEW). PL 2011, c. 90, Pt. H, §8 (AFF).
2023 Maine Revised Statutes › TITLE 36: TAXATION › Part 8: INCOME TAXES › Chapter 822: TAX CREDITS › 36 §5219-JJ. Maine capital investment credit for 2013 (REALLOCATED FROM TITLE 36, SECTION 5219-II)

§5219-JJ. Maine capital investment credit for 2013
(REALLOCATED FROM TITLE 36, SECTION 5219-II)
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 the taxable year beginning in 2013 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 5122, subsection 1, paragraph HH, subparagraph (1) or section 5200‑A, subsection 1, paragraph AA, subparagraph (1) with respect to that property, except for excluded property under subsection 2.
[RR 2013, c. 1, §54 (RAL).]
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;   [RR 2013, c. 1, §54 (RAL).]
B. Property owned by a person that provides radio paging services as defined by Title 35‑A, section 102, subsection 15;   [RR 2013, c. 1, §54 (RAL).]
C. Property owned by a person that provides mobile telecommunications services as defined by Title 35‑A, section 102, subsection 9‑A;   [RR 2013, c. 1, §54 (RAL).]
D. Property owned by a cable television company as defined by Title 30‑A, section 2001, subsection 2;   [RR 2013, c. 1, §54 (RAL).]
E. Property owned by a person that provides satellite-based direct television broadcast services;   [RR 2013, c. 1, §54 (RAL).]
F. Property owned by a person that provides multichannel, multipoint television distribution services; and   [RR 2013, c. 1, §54 (RAL).]
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.   [RR 2013, c. 1, §54 (RAL).]
[RR 2013, c. 1, §54 (RAL).]
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.
[RR 2013, c. 1, §54 (RAL).]
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 HH and section 5200‑A, subsection 1, paragraph AA with respect to that property.
[RR 2013, c. 1, §54 (RAL).]
SECTION HISTORY
RR 2013, c. 1, §54 (RAL).
2023 Maine Revised Statutes › TITLE 36: TAXATION › Part 8: INCOME TAXES › Chapter 822: TAX CREDITS › 36 §5219-MM. Maine capital investment credit for 2014

§5219-MM. Maine capital investment credit for 2014
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 the taxable year beginning in 2014 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 5122, subsection 1, paragraph II, subparagraph (1) or section 5200‑A, subsection 1, paragraph BB, subparagraph (1) with respect to that property, except for excluded property under subsection 2.
[PL 2015, c. 1, §14 (NEW).]
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 in Title 35‑A, section 102, subsection 13;   [PL 2015, c. 1, §14 (NEW).]
B. Property owned by a person that provides radio paging services as defined in Title 35‑A, section 102, subsection 15;   [PL 2015, c. 1, §14 (NEW).]
C. Property owned by a person that provides mobile telecommunications services as defined in Title 35‑A, section 102, subsection 9‑A;   [PL 2015, c. 1, §14 (NEW).]
D. Property owned by a cable television company as defined in Title 30‑A, section 2001, subsection 2;   [PL 2015, c. 1, §14 (NEW).]
E. Property owned by a person that provides satellite-based direct television broadcast services;   [PL 2015, c. 1, §14 (NEW).]
F. Property owned by a person that provides multichannel, multipoint television distribution services; and   [PL 2015, c. 1, §14 (NEW).]
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.   [PL 2015, c. 1, §14 (NEW).]
[PL 2015, c. 1, §14 (NEW).]
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.
[PL 2015, c. 1, §14 (NEW).]
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 II and section 5200‑A, subsection 1, paragraph BB with respect to that property.
[PL 2015, c. 1, §14 (NEW).]
SECTION HISTORY
PL 2015, c. 1, §14 (NEW).
2023 Maine Revised Statutes › TITLE 36: TAXATION › Part 8: INCOME TAXES › Chapter 822: TAX CREDITS › 36 §5219-UU. Employer credit for family and medical leave

§5219-UU. Employer credit for family and medical leave
For tax years beginning on or after January 1, 2018, a person is allowed a credit against the tax otherwise due under this Part in an amount equal to the federal employer credit for paid family and medical leave allowed to that person under the Code, Section 45S as a result of wages paid to employees based in the State during the taxable year. For purposes of this section, "employees based in the State" means employees that perform more than 50% of employee-related activities for the employer at a location in the State.   [PL 2021, c. 253, Pt. A, §6 (AMD).]
The credit allowed under this section may not reduce the tax otherwise due under this Part to less than zero. The credit may not be carried forward or carried back to any other tax year.   [PL 2017, c. 474, Pt. H, §2 (NEW).]
SECTION HISTORY
PL 2017, c. 474, Pt. H, §2 (NEW). PL 2021, c. 253, Pt. A, §6 (AMD).
2023 Maine Revised Statutes › TITLE 36: TAXATION › Part 8: INCOME TAXES › Chapter 823: INCOME TAX RETURNS › 36 §5221. Joint returns by spouses

§5221. Joint returns by spouses
1.  General.
Spouses may make a joint return with respect to the tax imposed by this Part even though one of the spouses has neither gross income nor deductions except that:
A. A joint return may not be made under this Part if the spouses are not permitted to file a joint federal income tax return;   [PL 2021, c. 253, Pt. A, §8 (AMD).]
B. If the federal income tax liability of either spouse is determined on a separate federal return, their income tax liabilities under this Part must be determined on separate returns;   [PL 2021, c. 253, Pt. A, §8 (AMD).]
C. Except as provided in subsection 2, if the federal income tax liabilities of the spouses are determined on a joint federal return, they shall file a joint return under this Part and their tax liabilities are joint and several; and   [PL 2021, c. 253, Pt. A, §8 (AMD).]
D. If neither spouse is required to file a federal income tax return and either or both are required to file an income tax return under this Part, they may elect to file separate or joint returns and pursuant to such election their liabilities are separate or joint and several.   [PL 2021, c. 253, Pt. A, §8 (AMD).]
[PL 2021, c. 253, Pt. A, §8 (AMD).]
2.  Nonresidents.
If both spouses are nonresidents and one has no Maine-source income, the spouse having Maine-source income shall file a separate Maine nonresident income tax return, as a single individual, in which event the spouse's tax liability is separate; but they may elect to determine their joint taxable income as nonresidents, in which case their liabilities are joint and several.
If one spouse is a resident and the other is a nonresident, they shall file separate Maine income tax returns as single individuals, in which event their tax liabilities are separate; but they may elect to determine their joint taxable income as if both were residents and, in that case, their liabilities are joint and several.
[PL 2021, c. 253, Pt. A, §8 (AMD).]
SECTION HISTORY
P&SL 1969, c. 154, §F1 (NEW). PL 1985, c. 783, §§39,40 (AMD). PL 2021, c. 253, Pt. A, §8 (AMD).
2023 Maine Revised Statutes › TITLE 36: TAXATION › Part 8: INCOME TAXES › Chapter 823: INCOME TAX RETURNS › 36 §5222. Returns by fiduciaries

§5222. Returns by fiduciaries
1.  Decedents.
An income tax return for any deceased individual shall be made and filed by his executor, administrator, or other person charged with the care of his property. A final return of a decedent shall be due when it would have been due if the decedent had not died.
[P&SL 1969, c. 154, §F (NEW).]
2.  Individuals under a disability.
An income tax return for an individual who is unable to make a return by reason of minority or other disability shall be made and filed by his duly authorized agent, his committee, guardian, conservator, fiduciary or other person charged with the care of his person or property other than a receiver in possession of only a part of the individual's property.
[P&SL 1969, c. 154, §F (NEW).]
3.  Estates and trusts.
The income tax return of an estate or trust shall be made and filed by the fiduciary thereof.
[P&SL 1969, c. 154, §F (NEW).]
4.  Joint fiduciaries.
If 2 or more fiduciaries are acting jointly, the return may be made by any one of them.
[PL 1979, c. 541, Pt. A, §238 (AMD).]
5.  Corporations and taxable entities.
The income tax return of a taxable corporation or the franchise tax return of a financial institution must be made and filed by an officer of the corporation or financial institution.
[PL 1997, c. 404, §8 (AMD); PL 1997, c. 404, §10 (AFF).]
6.  Cross reference.
[PL 2011, c. 655, Pt. QQ, §5 (RP); PL 2011, c. 655, Pt. QQ, §8 (AFF).]
SECTION HISTORY
P&SL 1969, c. 154, §F1 (NEW). PL 1979, c. 541, §A238 (AMD). PL 1985, c. 535, §21 (AMD). PL 1997, c. 404, §8 (AMD). PL 1997, c. 404, §10 (AFF). PL 2011, c. 655, Pt. QQ, §5 (AMD). PL 2011, c. 655, Pt. QQ, §8 (AFF).
2023 Maine Revised Statutes › TITLE 36: TAXATION › Part 8: INCOME TAXES › Chapter 823: INCOME TAX RETURNS › 36 §5223. Notice of qualification as receiver (REPEALED)

§5223. Notice of qualification as receiver
(REPEALED)
SECTION HISTORY
P&SL 1969, c. 154, §F1 (NEW). PL 2007, c. 438, §104 (RP).
2023 Maine Revised Statutes › TITLE 36: TAXATION › Part 8: INCOME TAXES › Chapter 823: INCOME TAX RETURNS › 36 §5224. Change of status as resident or nonresident during year (REPEALED)

§5224. Change of status as resident or nonresident during year
(REPEALED)
SECTION HISTORY
P&SL 1969, c. 154, §F1 (NEW). PL 1979, c. 711, §H7 (RP).
2023 Maine Revised Statutes › TITLE 36: TAXATION › Part 8: INCOME TAXES › Chapter 823: INCOME TAX RETURNS › 36 §5224-A. Return of part-year resident

§5224-A. Return of part-year resident
If an individual changes that individual's status as a resident individual or nonresident individual during the taxable year, the individual shall file a nonresident return pursuant to section 5220, subsection 2. That individual's tax shall be computed, pursuant to section 5111, subsection 4, as if that individual were a nonresident individual, except that the numerator of the apportionment ratio shall be comprised of the individual's Maine adjusted gross income, as defined in section 5102, subsection 1‑C, paragraph A, for the portion of the taxable year during which that individual was a resident, plus that individual's Maine adjusted gross income as defined in section 5102, subsection 1‑C, paragraph B, for the portion of the taxable year during which that individual was a nonresident. The part-year resident shall also be entitled to the credit provided by section 5217‑A, computed as if the individual's Maine adjusted gross income for the entire year were comprised only of that portion which is attributed to the portion of the year during which that individual was a resident.   [PL 1989, c. 596, Pt. J, §5 (AMD).]
SECTION HISTORY
PL 1979, c. 711, §H8 (NEW). PL 1985, c. 783, §41 (RPR). PL 1987, c. 504, §36 (AMD). PL 1989, c. 596, §J5 (AMD).
2023 Maine Revised Statutes › TITLE 36: TAXATION › Part 8: INCOME TAXES › Chapter 823: INCOME TAX RETURNS › 36 §5225. Taxable income as resident and nonresident (REPEALED)

§5225. Taxable income as resident and nonresident
(REPEALED)
SECTION HISTORY
P&SL 1969, c. 154, §F1 (NEW). PL 1979, c. 711, §H9 (RP).
2023 Maine Revised Statutes › TITLE 36: TAXATION › Part 8: INCOME TAXES › Chapter 823: INCOME TAX RETURNS › 36 §5226. Minimum tax and prorating of exemptions (REPEALED)

§5226. Minimum tax and prorating of exemptions
(REPEALED)
SECTION HISTORY
P&SL 1969, c. 154, §F1 (NEW). PL 1979, c. 711, §H9 (RP).
2023 Maine Revised Statutes › TITLE 36: TAXATION › Part 8: INCOME TAXES › Chapter 823: INCOME TAX RETURNS › 36 §5227. Time for filing returns

§5227. Time for filing returns
The income tax return required by this Part must be filed on or before the date a federal income tax return, without regard to extension, is due to be filed.   [PL 2003, c. 588, §18 (AMD).]
SECTION HISTORY
P&SL 1969, c. 154, §F1 (NEW). PL 1985, c. 535, §22 (AMD). PL 1995, c. 281, §31 (AMD). PL 1997, c. 746, §22 (AMD). PL 1997, c. 746, §24 (AFF). PL 2003, c. 588, §18 (AMD).
2023 Maine Revised Statutes › TITLE 36: TAXATION › Part 8: INCOME TAXES › Chapter 823: INCOME TAX RETURNS › 36 §5229. Time for filing declaration of estimated tax (REPEALED)

§5229. Time for filing declaration of estimated tax
(REPEALED)
SECTION HISTORY
P&SL 1969, c. 154, §F1 (NEW). PL 1971, c. 61, §6 (AMD). PL 1975, c. 454, §§2-4 (AMD). PL 1977, c. 517, §§2-4 (AMD). PL 1979, c. 541, §A239 (AMD). PL 1979, c. 615, §7 (AMD). PL 1985, c. 691, §36 (RP).
2023 Maine Revised Statutes › TITLE 36: TAXATION › Part 8: INCOME TAXES › Chapter 823: INCOME TAX RETURNS › 36 §5230. Payments of estimated tax (REPEALED)

§5230. Payments of estimated tax
(REPEALED)
SECTION HISTORY
P&SL 1969, c. 154, §F1 (NEW). PL 1975, c. 454, §5 (AMD). PL 1977, c. 517, §§5,6 (AMD). PL 1979, c. 541, §A240 (AMD). PL 1985, c. 691, §37 (RP).
2023 Maine Revised Statutes › TITLE 36: TAXATION › Part 8: INCOME TAXES › Chapter 823: INCOME TAX RETURNS › 36 §5231. Extension of time for filing and payment

§5231. Extension of time for filing and payment
1.  General.
The State Tax Assessor may grant a reasonable extension of time for payment of tax or estimated tax or any installment, or for filing any return, declaration, statement or other document required pursuant to this Part, on terms and conditions the assessor may require. Except as provided in subsection 1‑A or for a taxpayer who is outside the United States, an extension for filing any return, declaration, statement or document may not exceed 8 months.
[PL 2003, c. 390, §49 (AMD).]
1-A.  Federal extension.
When an individual, estate or trust is granted an extension of time within which to file a federal income tax return for any taxable year, an extension to file the taxpayer's income tax return with respect to the tax imposed by this Part is automatically granted for an equivalent period from the date prescribed for filing the return. When a taxable corporation or a financial institution subject to the tax imposed by chapter 819 is granted an extension of time within which to file its federal income tax return for any taxable year, an extension to file the taxpayer's income tax or franchise tax return with respect to the tax imposed by this Part is automatically granted for an equivalent period from the date prescribed for filing the return plus 30 days.
[PL 2023, c. 441, Pt. C, §7 (AMD); PL 2023, c. 441, Pt. C, §11 (AFF).]
2.  Security.
If any extension of time is granted for payment of any amount of tax, the assessor may require the taxpayer to furnish a bond or other security in an amount not exceeding twice the amount for which the extension of time for payment is granted, on terms and conditions the assessor may require.
[PL 1989, c. 871, §19 (AMD).]
3.  Penalty.
A taxpayer that files an income tax or franchise tax return after the due date with a valid extension and that remits the amount of the balance due with that return will not incur a failure-to-pay penalty imposed by section 187‑B, subsection 2 unless the amount remitted with the return is more than 10% of the total tax liability shown on the return.
[PL 1995, c. 640, §8 (NEW).]
SECTION HISTORY
P&SL 1969, c. 154, §F1 (NEW). PL 1973, c. 12, §6 (AMD). PL 1989, c. 871, §19 (AMD). PL 1995, c. 640, §8 (AMD). PL 1997, c. 404, §9 (AMD). PL 1997, c. 404, §10 (AFF). PL 2003, c. 390, §§49,50 (AMD). PL 2017, c. 211, Pt. D, §11 (AMD). PL 2019, c. 659, Pt. G, §2 (AMD). PL 2023, c. 441, Pt. C, §7 (AMD). PL 2023, c. 441, Pt. C, §11 (AFF).
2023 Maine Revised Statutes › TITLE 36: TAXATION › Part 8: INCOME TAXES › Chapter 823: INCOME TAX RETURNS › 36 §5232. Change of election (REPEALED)

§5232. Change of election
(REPEALED)
SECTION HISTORY
P&SL 1969, c. 154, §F1 (NEW). PL 1995, c. 639, §21 (RP).
2023 Maine Revised Statutes › TITLE 36: TAXATION › Part 8: INCOME TAXES › Chapter 823: INCOME TAX RETURNS › 36 §5233. Signing of returns and other documents (REPEALED)

§5233. Signing of returns and other documents
(REPEALED)
SECTION HISTORY
P&SL 1969, c. 154, §F1 (NEW). PL 1995, c. 639, §21 (RP).
2023 Maine Revised Statutes › TITLE 36: TAXATION › Part 8: INCOME TAXES › Chapter 823: INCOME TAX RETURNS › 36 §5234. Fiscal year tax determination (REPEALED)

§5234. Fiscal year tax determination
(REPEALED)
SECTION HISTORY
PL 1975, c. 660, §9 (NEW). PL 2019, c. 607, Pt. C, §8 (RP).
2023 Maine Revised Statutes › TITLE 36: TAXATION › Part 8: INCOME TAXES › Chapter 825: INFORMATION RETURNS › 36 §5240. General requirements concerning returns, notices, records and statements (REPEALED)

§5240. General requirements concerning returns, notices, records and statements
(REPEALED)
SECTION HISTORY
P&SL 1969, c. 154, §F1 (NEW). PL 1995, c. 639, §21 (RP).
2023 Maine Revised Statutes › TITLE 36: TAXATION › Part 8: INCOME TAXES › Chapter 825: INFORMATION RETURNS › 36 §5241. Partnership and S corporation returns (REPEALED)

§5241. Partnership and S corporation returns
(REPEALED)
SECTION HISTORY
P&SL 1969, c. 154, §F1 (NEW). PL 1971, c. 61, §7 (AMD). PL 1979, c. 541, §A241 (AMD). PL 1987, c. 819, §12 (AMD). PL 1995, c. 639, §22 (AMD). PL 1997, c. 746, §23 (AMD). PL 1997, c. 746, §24 (AFF). PL 2011, c. 655, Pt. QQ, §6 (RP). PL 2011, c. 655, Pt. QQ, §8 (AFF).
2023 Maine Revised Statutes › TITLE 36: TAXATION › Part 8: INCOME TAXES › Chapter 825: INFORMATION RETURNS › 36 §5242. Information returns

§5242. Information returns
The State Tax Assessor may require returns of information to be made and filed on or before January 31st of each year by a person making payment or crediting in a calendar year the amounts of $600 or more, or $10 or more in the case of interest or dividends, to a person who may be subject to the tax imposed under this Part. The returns may be required of a person, including lessees or mortgagors of real or personal property, fiduciaries, employers and all officers and employees of this State, or of a municipal corporation or political subdivision of this State, having the control, receipt, custody, disposal or payment of dividends, interest, rents, salaries, wages, premiums, annuities, compensations, remunerations, emoluments or other fixed or determinable gains, profits or income, except interest coupons payable to bearer. A duplicate of the statement as to tax withheld on wages, required to be furnished by an employer to an employee, constitutes the return of information required to be made under this section with respect to those wages.   [PL 2017, c. 211, Pt. D, §12 (AMD).]
A person who is required by the assessor to furnish a return of information in accordance with this section on or after January 31, 2022 and who fails to do so, or who willfully furnishes a false or fraudulent return of information, is subject to a penalty of $50 for each such failure.   [PL 2021, c. 181, Pt. A, §14 (NEW).]
SECTION HISTORY
P&SL 1969, c. 154, §F1 (NEW). PL 1995, c. 639, §23 (AMD). PL 2017, c. 211, Pt. D, §12 (AMD). PL 2021, c. 181, Pt. A, §14 (AMD).
2023 Maine Revised Statutes › TITLE 36: TAXATION › Part 8: INCOME TAXES › Chapter 825: INFORMATION RETURNS › 36 §5243. Requirement to file amended Maine returns (REPEALED)

§5243. Requirement to file amended Maine returns
(REPEALED)
SECTION HISTORY
P&SL 1969, c. 154, §F1 (NEW). PL 1979, c. 541, §A242 (AMD). PL 1987, c. 772, §41 (AMD). PL 1989, c. 508, §21 (AMD). PL 1991, c. 546, §35 (RPR). PL 2003, c. 588, §20 (RP).
2023 Maine Revised Statutes › TITLE 36: TAXATION › Part 8: INCOME TAXES › Chapter 825: INFORMATION RETURNS › 36 §5244. Combined report

§5244. Combined report
The combined report required by section 5220, subsection 5, must include, both in the aggregate and by corporation, a list of the federal taxable income, the modifications provided by section 5200-A, the sales in Maine and everywhere as defined in chapter 821 and the Maine net income of the unitary business. Neither the income nor the sales of a corporation that is not required to file a federal income tax return may be included in the combined report.   [PL 2007, c. 240, Pt. V, §14 (AMD); PL 2007, c. 240, Pt. V, §15 (AFF).]
SECTION HISTORY
PL 1985, c. 675, §§3,5 (NEW). PL 1987, c. 841, §14 (AMD). PL 1997, c. 24, §C12 (AMD). PL 1997, c. 24, §C16 (AFF). PL 2007, c. 240, Pt. V, §14 (AMD). PL 2007, c. 240, Pt. V, §15 (AFF).
2023 Maine Revised Statutes › TITLE 36: TAXATION › Part 8: INCOME TAXES › Chapter 825: INFORMATION RETURNS › 36 §5245. Amended returns (REPEALED)

§5245. Amended returns
(REPEALED)
SECTION HISTORY
PL 2007, c. 693, §34 (NEW). PL 2011, c. 1, Pt. CC, §4 (AMD). PL 2011, c. 1, Pt. CC, §5 (AFF). PL 2011, c. 655, Pt. QQ, §7 (RP). PL 2011, c. 655, Pt. QQ, §8 (AFF).
2023 Maine Revised Statutes › TITLE 36: TAXATION › Part 8: INCOME TAXES › Chapter 827: WITHHOLDING OF TAX › 36 §5250-B. Withholding on pass-through entity income of nonresident partners and shareholders

§5250-B. Withholding on pass-through entity income of nonresident partners and shareholders
1.  Definitions.
As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
A. "Member" means an individual or other owner of a pass-through entity.   [PL 2003, c. 20, Pt. AA, §1 (NEW); PL 2003, c. 20, Pt. AA, §6 (AFF).]
B. "Nonresident" means a nonresident individual, a business entity that does not have its commercial domicile in the State, or a nonresident estate or trust.   [PL 2003, c. 20, Pt. AA, §1 (NEW); PL 2003, c. 20, Pt. AA, §6 (AFF).]
C. "Pass-through entity" means a corporation that for the applicable tax year is treated as an S corporation under the Code and a general partnership, limited partnership, limited liability partnership, limited liability company or similar entity that for the applicable tax year is not taxed as a C corporation for federal tax purposes. For purposes of this section, "pass-through entity" does not include a financial institution subject to tax under chapter 819.   [PL 2005, c. 332, §24 (AMD); PL 2005, c. 332, §30 (AFF).]
[PL 2005, c. 332, §24 (AMD); PL 2005, c. 332, §30 (AFF).]
2.  Withholding required.
Except as provided by subsection 3, every pass-through entity that does business in this State must withhold income tax at the highest tax rate provided in this Part on the proportionate quarterly share of Maine source income of each nonresident member. The method for determining the amount of the share of income and for determining the amount of withholding for each nonresident member under this section must be prescribed by rules adopted by the assessor. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A.
[PL 2003, c. 20, Pt. AA, §1 (NEW); PL 2003, c. 20, Pt. AA, §6 (AFF).]
3.  Withholding exemptions.
For purposes of this section, a pass-through entity is not required to withhold tax for a nonresident member if:
A. The member's share of annual entity income sourced to the State is less than $1,000; or   [PL 2003, c. 20, Pt. AA, §1 (NEW); PL 2003, c. 20, Pt. AA, §6 (AFF).]
B. The bureau has determined by rule, ruling or instruction that the member's income is not subject to withholding.   [PL 2003, c. 20, Pt. AA, §1 (NEW); PL 2003, c. 20, Pt. AA, §6 (AFF).]
[PL 2003, c. 20, Pt. AA, §1 (NEW); PL 2003, c. 20, Pt. AA, §6 (AFF).]
SECTION HISTORY
PL 2003, c. 20, §AA1 (NEW). PL 2003, c. 20, §AA6 (AFF). PL 2005, c. 332, §24 (AMD). PL 2005, c. 332, §30 (AFF).
2023 Maine Revised Statutes › TITLE 36: TAXATION › Part 8: INCOME TAXES › Chapter 827: WITHHOLDING OF TAX › 36 §5251. Information statement

§5251. Information statement
Every person who is required to deduct and withhold tax under this Part, or who would have been required to deduct and withhold tax if an employee had claimed no more than one withholding exemption, shall furnish a written statement as prescribed by the assessor to each person in respect to the items of income subject to withholding paid to that person during the calendar year on or before January 31st of the succeeding year, or, in the case of an employee who is terminated before the close of the calendar year, within 30 days from the date of receipt of a written request from the employee if that 30-day period ends before January 31st. The assessor may establish an alternative due date for providing a written statement under this section that is consistent with the due date for the related federal statement. The statement must show the amount of wages paid by the employer to the employee or, in the case of withholding pursuant to sections 5250‑B and 5255‑B, the total items of income that were subject to withholding, the amount deducted and withheld as tax and such other information as the assessor requires.   [PL 2013, c. 546, §15 (AMD).]
SECTION HISTORY
P&SL 1969, c. 154, §F1 (NEW). PL 1979, c. 541, §A244 (AMD). PL 1981, c. 371, §2 (AMD). PL 1985, c. 535, §23 (AMD). PL 2003, c. 20, §AA2 (AMD). PL 2003, c. 20, §AA6 (AFF). PL 2007, c. 437, §19 (AMD). PL 2007, c. 437, §22 (AFF). PL 2013, c. 546, §15 (AMD).
2023 Maine Revised Statutes › TITLE 36: TAXATION › Part 8: INCOME TAXES › Chapter 827: WITHHOLDING OF TAX › 36 §5251-A. Fraudulent statement or failure to furnish statement

§5251-A. Fraudulent statement or failure to furnish statement
A person who is required by section 5251 to furnish a statement to a payee and who willfully fails to furnish that statement at the time required by section 5251, in the form and showing the information prescribed by the State Tax Assessor, or who willfully furnishes a false or fraudulent statement commits a civil violation for which a fine of $50 for each such failure must be imposed.   [PL 2007, c. 437, §20 (NEW); PL 2007, c. 437, §22 (AFF).]
SECTION HISTORY
PL 2007, c. 437, §20 (NEW). PL 2007, c. 437, §22 (AFF).
2023 Maine Revised Statutes › TITLE 36: TAXATION › Part 8: INCOME TAXES › Chapter 827: WITHHOLDING OF TAX › 36 §5252. Credit for tax withheld

§5252. Credit for tax withheld
Wages and other items of income upon which tax is required to be withheld are taxable under this Part as if no withholding were required, but the amount of tax actually deducted and withheld under this chapter in a calendar year is deemed to have been paid to the assessor on behalf of the person from whom withheld, and the person is credited with having paid that amount of tax for the taxable year beginning in the calendar year. If more than one taxable year begins in a calendar year, the amount is allowed as a credit for the most recent taxable year.   [PL 1995, c. 639, §27 (AMD).]
SECTION HISTORY
P&SL 1969, c. 154, §F1 (NEW). PL 1981, c. 371, §3 (AMD). PL 1995, c. 639, §27 (AMD).
2023 Maine Revised Statutes › TITLE 36: TAXATION › Part 8: INCOME TAXES › Chapter 827: WITHHOLDING OF TAX › 36 §5253. Return and payment of tax withheld

§5253. Return and payment of tax withheld
Every person that is required to deduct and withhold tax under section 5250, 5250‑B or 5255‑B shall, for each calendar quarter or other reporting period required by the State Tax Assessor, file a return on or before the last day of the month following the end of the reporting period and remit payment as prescribed by the assessor. The assessor shall prescribe the voucher required to be filed with the payments.   [PL 2011, c. 240, §40 (AMD).]
1.  General.
[PL 2003, c. 20, Pt. AA, §3 (RP); PL 2003, c. 20, Pt. AA, §6 (AFF).]
2.  Deposit in trust for assessor.
[PL 1985, c. 691, §38 (RP).]
SECTION HISTORY
P&SL 1969, c. 154, §F1 (NEW). PL 1971, c. 61, §9 (AMD). PL 1977, c. 477, §§20,21 (AMD). PL 1981, c. 364, §§71,72 (AMD). PL 1985, c. 535, §24 (AMD). PL 1985, c. 691, §38 (AMD). PL 1989, c. 875, §§E48,49 (AMD). PL 1991, c. 9, §E25 (AMD). PL 1991, c. 9, §E26 (AFF). PL 1993, c. 395, §22 (AMD). PL 1995, c. 657, §9 (AMD). PL 1995, c. 657, §10 (AFF). PL 2003, c. 20, §AA3 (RPR). PL 2003, c. 20, §AA6 (AFF). PL 2011, c. 240, §40 (AMD).
2023 Maine Revised Statutes › TITLE 36: TAXATION › Part 8: INCOME TAXES › Chapter 827: WITHHOLDING OF TAX › 36 §5254. Liability for withheld taxes

§5254. Liability for withheld taxes
Every person required to deduct and withhold tax under this Part is hereby made liable for such tax. For purposes of assessment and collection, any amount required to be withheld and paid over to the assessor, and any additions to tax, penalties and interest with respect thereto, shall be considered the tax of that person. No person may have any right of action against a person in respect to any money deducted and withheld and paid over to the assessor in compliance or in intended compliance with this Part.   [PL 1987, c. 402, Pt. A, §191 (RPR); PL 1987, c. 402, Pt. B, §28 (RPR).]
SECTION HISTORY
P&SL 1969, c. 154, §F1 (NEW). PL 1981, c. 371, §4 (AMD). PL 1985, c. 535, §25 (AMD). PL 1985, c. 691, §39 (AMD). PL 1987, c. 402, §§A191,B28 (RPR).
2023 Maine Revised Statutes › TITLE 36: TAXATION › Part 8: INCOME TAXES › Chapter 827: WITHHOLDING OF TAX › 36 §5255. Failure to withhold

§5255. Failure to withhold
A person who fails to deduct and withhold tax as required by this chapter is relieved from liability for that tax to the extent that the tax against which that tax may be credited has been paid, but the person is not relieved from liability for any additions to tax, penalties or interest otherwise applicable with respect to the failure to file returns and withhold and pay tax as required by this chapter.   [PL 2007, c. 438, §109 (AMD).]
SECTION HISTORY
P&SL 1969, c. 154, §F1 (NEW). PL 1985, c. 535, §26 (AMD). PL 2005, c. 618, §16 (AMD). PL 2007, c. 438, §109 (AMD).
2023 Maine Revised Statutes › TITLE 36: TAXATION › Part 8: INCOME TAXES › Chapter 827: WITHHOLDING OF TAX › 36 §5255-A. Injunction (REPEALED)

§5255-A. Injunction
(REPEALED)
SECTION HISTORY
PL 1971, c. 61, §10 (NEW). PL 1985, c. 535, §27 (AMD). PL 1997, c. 495, §5 (AMD). PL 2001, c. 583, §20 (RP).
2023 Maine Revised Statutes › TITLE 36: TAXATION › Part 8: INCOME TAXES › Chapter 827: WITHHOLDING OF TAX › 36 §5255-B. Certain items of income under the United States Internal Revenue Code

§5255-B. Certain items of income under the United States Internal Revenue Code
A person maintaining an office or transacting business within this State that is required to deduct and withhold a tax on items of income under the Code, other than wages subject to withholding as provided in section 5250, sales of real estate subject to withholding as provided in section 5250‑A or gambling winnings subject to withholding as provided in section 5255‑C, shall deduct and withhold from such items, to the extent they constitute income that is not excluded from taxation under Maine law, a tax equal to 5% of the income, unless withholding pursuant to the Code is based on other than a flat rate amount. In that event, the State's withholding procedure must estimate taxable income using the same approach to exemptions as the Code and the amount of tax to be withheld must be calculated in accordance with withholding methods prescribed pursuant to section 5250.   [PL 2021, c. 630, Pt. A, §3 (AMD).]
SECTION HISTORY
PL 1981, c. 371, §5 (NEW). PL 1985, c. 535, §28 (AMD). PL 1987, c. 497, §51 (AMD). PL 1987, c. 504, §38 (AMD). PL 1987, c. 769, §A161 (RPR). PL 1999, c. 414, §53 (AMD). PL 2021, c. 630, Pt. A, §3 (AMD).
2023 Maine Revised Statutes › TITLE 36: TAXATION › Part 8: INCOME TAXES › Chapter 827: WITHHOLDING OF TAX › 36 §5255-C. Withholding on certain gambling winnings

§5255-C. Withholding on certain gambling winnings
A person maintaining an office or transacting business within this State that is required to deduct and withhold a tax on items of income under the Code, Section 3402(q) shall deduct and withhold from such items, to the extent they constitute income that is not excluded from taxation under Maine law, a tax equal to those winnings multiplied by the highest marginal tax rate under section 5111 applicable to the tax year during which the winnings are paid plus any other tax applicable to the winnings under this Part.   [PL 2021, c. 630, Pt. A, §4 (NEW).]
SECTION HISTORY
PL 2021, c. 630, Pt. A, §4 (NEW).
2023 Maine Revised Statutes › TITLE 36: TAXATION › Part 8: INCOME TAXES › Chapter 829: ACCOUNTING PERIODS AND METHODS OF ACCOUNTING › 36 §5256. Period for computation of taxable income

§5256. Period for computation of taxable income
1.  General.
For purposes of the tax imposed by this Part, a taxpayer's taxable year is the same as the taxpayer's taxable year for federal income tax purposes.
[PL 1995, c. 281, §32 (AMD); PL 1995, c. 281, §43 (AFF).]
2.  Change of taxable year.
If a taxpayer's taxable year is changed for federal income tax purposes, the taxable year for purposes of the tax imposed by this Part must be similarly changed. The income tax for a period of less than 12 months resulting from a change in accounting period is computed by first determining the taxable income for the period. That taxable income is then multiplied by 12 and divided by the number of months in the period of less than 12 months. A tax is computed on the resulting taxable income. The tax is then divided by 12 and multiplied by the number of months in the period of less than 12 months. The result is the tax liability before credits. Exemption amounts are divided by 12 and multiplied by the number of months in the period of less than 12 months.
[PL 1995, c. 281, §33 (AMD); PL 1995, c. 281, §43 (AFF).]
3.  Termination of taxable year for jeopardy.
Notwithstanding subsections 1 and 2, if the assessor makes a determination of jeopardy and terminates the taxpayer's taxable year under section 145, the tax must be computed for the period determined by that action.
[PL 2007, c. 627, §94 (AMD).]
SECTION HISTORY
P&SL 1969, c. 154, §F1 (NEW). PL 1981, c. 698, §188 (AMD). PL 1989, c. 508, §22 (AMD). PL 1989, c. 596, §J6 (AMD). PL 1995, c. 281, §§32,33 (AMD). PL 1995, c. 281, §43 (AFF). PL 2007, c. 627, §94 (AMD).