LD 1209
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LD 1209 Title Page An Act To Conform the State Compromise of Tax Liability Procedure with Federal ... Page 2 of 3
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LR 1335
Item 1

 
Be it enacted by the People of the State of Maine as follows:

 
Sec. 1. 36 MRSA §143, as amended by PL 1999, c. 708, §7, is
repealed and the following enacted in its place:

 
§143. Compromise of tax liability and action

 
1.__Authorization.__The assessor may compromise a tax
liability of any civil or criminal case arising under this
Title prior to reference to the Attorney General's office for
prosecution or defense, as specified in this section.

 
2.__Statement.__If a compromise is made by the assessor
pursuant to this section, there must be available in the
bureau a statement containing:

 
A.__The opinion of the general counsel for the bureau or
the general counsel's designee explaining the reason for
the compromise;

 
B. The amount of tax assessed;

 
C.__The amount of interest, any additional amount,
addition to the tax or any assessable penalty imposed by
law on the person against whom the tax is assessed; and

 
D.__The amount actually paid in accordance with the terms
of the compromise.

 
The opinion of the general counsel of the bureau explaining
the reason for the compromise under paragraph A is not
required for the compromise of any civil case in which the
unpaid amount of tax assessed, including any interest, any
additional amount, addition to the tax or any assessable
penalty, is less than $50,000.__However, such compromises are
subject to continuing quality review by the assessor.

 
3.__Standards for evaluation of offers.__The assessor shall
prescribe guidelines, procedures and forms for officers and
employees of the bureau to determine whether an offer in
compromise is adequate and should be accepted to resolve a
dispute.

 
A.__The guidelines must establish minimum residual amounts
that ensure that a taxpayer entering into a compromise has
an adequate means to provide for basic living expenses.__
In establishing guidelines under this paragraph, the
assessor shall develop and publish schedules of local
allowances for basic living expenses.__The assessor may
use schedules similar to those published by the Internal
Revenue Service.


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