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(1) Maine taxable income is not reduced below zero; |
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| (2) The taxable year is within the allowable federal | period for carry-over; and |
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| (3) The amount has not been previously used as a | modification pursuant to this subsection; and |
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| | Sec. 5. 36 MRSA §5200-A, sub-§2, ¶I, as enacted by PL 1997, c. 746, §12 | and affected by §24, is amended to read: |
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| I. For income tax years beginning on or after January 1, | 1997, all items of income, gain, interest, dividends, | royalties and other income of a financial institution | subject to the tax imposed by section 5206, to the extent | that those items are passed through to the taxpayer for | federal income tax purposes, including, if the financial | institution is an S corporation, the taxpayer's pro rata | share and, if the financial institution is a partnership or | limited liability company, the taxpayer's distributive | share. A subtraction may not be made under this paragraph | for: |
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| (1) Income of the taxpayer earned on interest-bearing | or similar accounts of the taxpayer at a financial | institution as a customer of that financial | institution; |
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| (2) Any dividends or other distributions with respect | to a taxpayer's ownership interest in a financial | institution; and |
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| (3) Any gain recognized on the disposition by the | taxpayer of an ownership interest in a financial | institution.; and |
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| | Sec. 6. 36 MRSA §5200-A, sub-§2, ¶J is enacted to read: |
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| J.__An amount equal to any income derived from a capital | gain. |
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| | Sec. 7. Application. This Act applies to any tax year beginning on | or after January 1, 2000. |
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| | This bill exempts from state taxation all income derived from | capital gains for individuals and corporations. |
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