LD 1293
pg. 5
Page 4 of 7 An Act To Improve the Fairness of the Health Care Provider Tax and To Ensure Fa... Page 6 of 7
Download Bill Text
LR 1304
Item 1

 
2.__Reconciliation return required.__On or before October
15, 2003 and on or before the 15th day of the 4th month
following the end of each facility fiscal year ending after
October 15, 2003, each person subject in that state fiscal
year or facility fiscal year to the tax imposed by this
chapter shall submit a reconciliation return on a form
prescribed and furnished by the assessor.__The reconciliation
return must account for any adjustments necessary to reconcile
the annual tax for a prior state fiscal year or facility
fiscal year estimated pursuant to subsection 1 with the
person's correct tax liability, and the person shall submit
with the reconciliation return payment of any amount due for
the prior state fiscal year or facility fiscal year or portion
of any prior state fiscal year or facility fiscal year.__The
taxpayer may also claim on the reconciliation return a refund
or credit for any overpayment of tax.__The determination of
amounts due or overpaid is calculated by comparing the tax
originally estimated and paid in the prior state fiscal year
or facility fiscal year or years with the tax imposed by
section 2872 on taxable revenues accrued for that period,
together with any audit adjustments or corrections of which
the person has knowledge on or before the 15th day of the
month immediately preceding the due date of the return.__The
obligation to file a reconciliation return with respect to a
particular state fiscal year or facility fiscal year continues
until the relevant taxable revenues for that period have been
finally determined and are no longer open to audit adjustment
or correction and the person has reported those revenues on a
reconciliation return.

 
Sec. 10. 36 MRSA §2873, sub-§3, as enacted by PL 2001, c. 714, Pt.
CC, §3 and affected by §8, is amended to read:

 
3. Audit period to remain open; accrual of penalties and
interest. Notwithstanding any other provision of law, the tax
imposed against a person by section 2872 for any fiscal year
remains open to audit and further assessment by the assessor
until the person's taxable revenues for that fiscal year have
been finally determined. Any underestimates of tax liability
reported and paid pursuant to subsection 1 are subject to an
assessment of interest at the rate provided in section 186
from the date or dates of underpayment until payment is made,
unless the estimated tax liability was calculated by applying
the tax rates provided by section 2872 to the most recent
fiscal year for which relevant taxable revenues have been
finally determined in compliance with the standards adopted by
the assessor pursuant to subsection 1, in which case no
interest may accrue prior to the date on which the
reconciliation return for the year is due. Any amount of tax
that is reported on a reconciliation return required by
subsection 2 but not paid at the time the reconciliation
return is filed is subject to the accrual of interest as
provided by section 186, as well as to any applicable


Page 4 of 7 Top of Page Page 6 of 7