2. Apportioned credit in certain circumstances. In the case of a qualified Pine Tree Development Zone business as defined in Title 30-A, section 5246 5250-I, subsection 17, including any affiliated members of the qualified business, that has a business presence in the State other than that conducted within a Pine Tree Development Zone, as defined by Title 30-A, section 5246 5250-I, subsection 13, the credit provided for in this section is to be calculated based upon a pro forma determination. The pro forma determination must be based on the assumptions that all of the business activities conducted by the qualified Pine Tree Development Zone business and the affiliated members, if any, within this State constitute a unitary business and that only the qualified business activity conducted in the Pine Tree Development Zone is subject to tax imposed by this chapter. The portion of the tax liability of the qualified Pine Tree Development Zone business and the affiliated members, if any, related to the business activity conducted in the Pine Tree Development Zone must be determined by use of a percentage, the numerator of which is the property value and the payroll for the taxable year directly attributed to the qualified business activity of the business and the denominator of which is the statewide property value and payroll for the taxable year of the qualified business and its affiliated members.

Sec. D-5. 36 MRSA §5219-W, sub-§§1 and 2, as enacted by PL 2003, c. 451, Pt. NNN, §5 and affected by §8, are amended to read:

1. Credit allowed. Except as provided by subsection 2, a taxpayer that is a qualified Pine Tree Development Zone business as defined in Title 30-A, section 5246 5250-I, subsection 17 is allowed a credit in the amount of:

A. One hundred percent of the tax that would otherwise be due under this Part for each of the first 5 taxable years that the taxpayer is required to file a return pursuant to this Part beginning after the taxpayer commences its qualified business activity, as defined in Title 30-A, section 5246 5250-I, subsection 16; and

B. Fifty percent of the tax that would otherwise be due under this Part for each of the taxable years beginning with the 6th taxable year and ending with the 10th taxable year that the taxpayer is required to file a return pursuant to this Part after the taxpayer commences its qualified business activity, as defined in Title 30-A, section 5246 5250-I, subsection 16.