LD 1277
pg. 15
Page 14 of 19 An Act Concerning Technical Changes to the Tax Laws Page 16 of 19
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LR 1061
Item 1

 
entity were required to file Internal Revenue Service Form 1120S
and apportioned to this State under section 5206-E.

 
To the extent that a financial institution derives income from a
unitary business carried on by 2 or more members of an affiliated
group, "Maine net income" is determined by apportioning, in
accordance with section 5206-E, that part of the net income of
the entire group that derives from the unitary business.

 
Sec. 43. 36 MRSA §5206-D, sub-§22, as enacted by PL 1997, c. 404, §5
and affected by §10, is amended to read:

 
22. Unitary business. "Unitary business" means a business
activity that is characterized by unity of ownership, functional
integration, centralization of management or and economies of
scale.

 
Sec. 44. 36 MRSA §5215, sub-§3, ¶B, as amended by PL 1997, c. 761, §3,
is further amended to read:

 
B. With payroll records and reports substantiating that at
least 100 new jobs attributable to the operation of property
considered to be qualified investment were created in the
24-month period following the date the property was placed
in service. To assess the continuing nature of the jobs,
the taxpayer must demonstrate that the new jobs credit base
is at least $700,000 for the taxable year of the qualified
federal credit or for either of the next 2 calendar years.
The $700,000 must be adjusted proportionally for any change
in Title 26, section 1043, subsection 2 wages from $7,000.__
With respect to new jobs created after August 1, 1998, but
before October 1, 2001, the employer must also demonstrate
that the qualifying jobs are covered by a retirement program
subject to the Employee Retirement Income Security Act of
1974, 29 United States Code, Sections 101 to 1461, as
amended; that group health insurance is provided for
employees in those positions; and that the wages for those
positions, calculated on a calendar year basis, are greater
than the average per capita income in the labor market area
in which the employee is employed; and

 
Sec. 45. 36 MRSA §5215, sub-§3, ¶C, as enacted by PL 1997, c. 761, §4,
is repealed.

 
Sec. 46. 36 MRSA §5219-M, sub-§1, ¶D is enacted to read:

 
D.__"Primarily" means more than 50% of the time.

 
Sec. 47. 36 MRSA §5219-O, sub-§1, as enacted by PL 1997, c. 775, §1,
and affected by §2, is amended to read:


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