| (2) With respect to all other property, for the | taxable year immediately following the taxable year | during which the property was first placed in service, | the fraction allowed by this paragraph is equal to 5% | of the amount added back under subsection 1, paragraph | N with respect to the property. For each subsequent | taxable year during the recovery period, the fraction | is equal to 95% of the amount added back under | subsection 1, paragraph N with respect to the property, | divided by the number of years in the recovery period | minus 2. |
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| In the case of property expensed pursuant to Section 179 of | the Code, the term "recovery period" means the recovery | period that would have been applicable to the property had | Section 179 not been applied. ; and |
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| | Sec. 6. 36 MRSA §5200-A, sub-§2, ¶P is enacted to read: |
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| P.__Capital gains from the sale of property to a person who, | at the time of the sale, is leasing the property for use as | a primary residence. |
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| | Sec. 7. Application. This Act applies to tax years beginning on or | after January 1, 2005. |
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| | This bill provides an income tax exemption for capital gains | for the seller when the sale of property is to a person who, at | the time of the sale, is leasing the property for use as a | primary residence. |
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