LD 1277
pg. 14
Page 13 of 19 An Act Concerning Technical Changes to the Tax Laws Page 15 of 19
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LR 1061
Item 1

 
2.__Taxation.__The taxation of limited liability companies is
also governed by Title 31, section 761.

 
Sec. 41. 36 MRSA §5206-D, sub-§8, ¶B, as amended by PL 1997, c. 746,
§16 and affected by §24, is further amended to read:

 
B. A bank, savings bank, industrial bank, savings and loan
association or any other entity, excluding a credit union
authorized to do business in this State as defined in Title
9-B, section 131, subsection 12-A, that accepts deposits
that are insured by an agency of the Federal Government;

 
Sec. 42. 36 MRSA §5206-D, sub-§§12 and 13, as amended by PL 1997, c.
746, §17 and affected by §24, are further amended to read:

 
12. Maine assets. "Maine assets" means a financial
institution's total end-of-year assets required to be reported
pursuant to the laws of the United States on Internal Revenue
Service Form 1120, 1120S, 1065 or any other Internal Revenue
Service form used to report end-of-year assets or, in the case of
an entity with a single owner that may be disregarded as an
entity separate from its owner pursuant to Internal Revenue
Service regulations, the financial institution's total end-of-
year assets determined as if the entity were required to file
Internal Revenue Service Form 1065, multiplied by the fraction
obtained pursuant to section 5206-E. In the case of a financial
institution that is a qualified subchapter S subsidiary as
defined by the Internal Revenue Code, Section 1361, the financial
institution's "Maine assets" means total end-of-year assets
determined as if the entity were required to file Internal
Revenue Service Form 1120S, multiplied by the fraction obtained
pursuant to section 5206-E.

 
13. Maine net income. "Maine net income" means, for any
taxable year, a financial institution's net income or loss per
books required to be reported pursuant to the laws of the United
States on Internal Revenue Service Form 1120, 1120S, 1065 or any
other Internal Revenue Service form used to report net income or
loss per books or, in the case of an entity with a single owner
that may be disregarded as an entity separate from its owner
pursuant to Internal Revenue Service regulations, the financial
institution's net income or loss per books determined as if the
entity were required to file Internal Revenue Service Form 1065,
and apportioned to this State under section 5206-E. In the case
of a financial institution that is a qualified subchapter S
subsidiary as defined by the Internal Revenue Code, Section 1361,
the financial institution's "Maine net income" means a financial
institution's net income or loss per books determined as if the


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