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