LD 1813
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LR 2504
Item 1

 
of false or fraudulent reports or returns. All certification
expires each year on June 30th. A certificate issued by the
assessor pursuant to this section is not a license within the
meaning of that term in the Maine Administrative Procedure Act.

 
Sec. 6. 36 MRSA §4365, as amended by PL 2001, c. 439, Pt. SSSS, §1
and affected by §4, is further amended to read:

 
§4365. Rate of tax

 
A tax is imposed on all cigarettes imported into this State or
held in this State by any person for sale at the rate of 47 mills
for each cigarette. Payment of the tax is evidenced by the
affixing of stamps to the packages containing the cigarettes. If
an individual purchases in any one month unstamped packages
containing cigarettes in a quantity greater than 2 cartons from a
person other than a licensed distributor or dealer, the tax may
be assessed directly against the purchaser by the State Tax
Assessor within 3 years from the date of the purchase.

 
Sec. 7. 36 MRSA §4384 is enacted to read:

 
§4384.__Reporting and payment of tax

 
A person who is not a licensed distributor or dealer who
imports, receives or otherwise acquires unstamped cigarettes for
use or consumption in the State in a quantity greater than 2
cartons in any one month from a person other than a licensed
distributor or dealer shall file, on or before the last day of
the month following each month in which unstamped cigarettes were
acquired, a return on a form prescribed by the State Tax Assessor
together with payment of the tax imposed by this chapter at the
rate provided in section 4365.__The return must report the number
of unstamped cigarettes imported, received or otherwise acquired
during the previous calendar month and additional information the
assessor may require.

 
Sec. 8. 36 MRSA §5122, sub-§1, ¶V, as enacted by PL 2003, c. 451, Pt.
II, §2, is amended to read:

 
V. For tax years beginning on or after January 1, 2003 and
before January 1, 2006, the amount claimed as a federal
income adjustment for student loan interest under the Code,
Section 62 (a)(17), but only for interest paid after 60
months from the start of the loan repayment period.; and

 
Sec. 9. 36 MRSA §5122, sub-§1, ¶W is enacted to read:

 
W.__For tax years beginning on or after January 1, 2004, for an
eligible individual as defined by the Code, Section 223


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