LD 1816
pg. 7
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LR 2505
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fixed for filing such return determined without regard to any
extension of time for filing the return.

 
Sec. 19. 36 MRSA §5227-A is enacted to read:

 
§5227-A.__Requirement to file amended Maine returns

 
1.__Amended return required.__A taxpayer shall file an amended
Maine return as required in this Part whenever the taxpayer files
an amended federal return affecting the taxpayer's liability
under this Part, whenever the Internal Revenue Service changes or
corrects any item affecting the taxpayer's liability under this
Part or whenever for any reason there is a change or correction
affecting the taxpayer's liability under this Part.

 
2.__Amended return filed.__The amended Maine return must be
filed within 90 days of the final determination of the change or
correction or the filing of the federal amended return.

 
3.__Contents of amended return.__The amended Maine return must
indicate the change or correction and the reason for that change
or correction. The amended return constitutes an admission as to
the correctness of the change unless the taxpayer includes with
the return a written explanation of the reason the change or
correction is erroneous. If the taxpayer files an amended federal
return, a copy of the amended federal return must be attached to
the amended Maine return.

 
4.__Additional requirements.__The State Tax Assessor may
require additional information to be filed with the amended Maine
return. The assessor may prescribe exceptions to the requirements
of this section.

 
Sec. 20. 36 MRSA §5243, as repealed and replaced by PL 1991, c.
546, §35, is repealed.

 
Sec. 21. 36 MRSA §5278, sub-§4, as amended by PL 1989, c. 508, §24, is
further amended to read:

 
4. Notice of change or correction. If a taxpayer is required
by section 5243 5227-A to file an amended Maine return, a claim
for credit or refund of any resulting overpayment of the tax
shall must be filed by the taxpayer within 2 years from the time
the filing of the amended return was required. The amount of the
credit or refund shall may not exceed the amount of the reduction
in tax attributable to the federal amendment. This subsection
shall does not affect the time within which or the amount for
which a claim for credit or refund may be filed apart from this
subsection.


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