LD 1319
pg. 316
Page 315 of 423 An Act Making Unified Appropriations and Allocations for the Expenditures of St... Page 317 of 423
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LR 2000
Item 1

 
A. For use by the purchaser directly and primarily in the
production of tangible personal property intended to be
sold or leased ultimately for final use or consumption or
in the production of tangible personal property pursuant to
a contract with the United States Government or any agency
thereof, or, in the case of sales occurring after June 30,
2003 2005, in the generation of radio and television
broadcast signals by broadcast stations regulated under 47
Code of Federal Regulations, Part 73. This exemption
applies even if the purchaser sells the machinery or
equipment and leases it back in a sale and leaseback
transaction. This exemption also applies whether the
purchaser agrees before or after the purchase of the
machinery or equipment to enter into the sale and leaseback
transaction and whether the purchaser's use of the
machinery or equipment in production commences before or
after the sale and leaseback transaction occurs; and

 
PART AA

 
Sec. AA-1. 36 MRSA §5250-B is enacted to read:

 
§5250-B.__Withholding on pass-through entity income of

 
nonresident partners and shareholders

 
1.__Definitions.__As used in this section, unless the
context otherwise indicates, the following terms have the
following meanings.

 
A.__"Member" means an individual or other owner of a pass-
through entity.

 
B.__"Nonresident" means a nonresident individual, a
business entity that does not have its commercial domicile
in the State, or a nonresident estate or trust.

 
C.__"Pass-through entity" means a corporation that for the
applicable tax year is treated as an S corporation under
the Code, and a general partnership, limited partnership,
limited liability partnership, trust, limited liability
company or similar entity that for the applicable tax year
is not taxed as a C corporation for federal tax purposes.

 
2.__Withholding required.__Except as provided by subsection
3, every pass-through entity that does business in this State
must withhold income tax at the highest tax rate provided in
this
Part on the proportionate quarterly share of Maine source
income of each nonresident member.__The method for determining
the


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