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reduced by any amount claimed as a deduction for federal | | income tax purposes in accordance with the Code, Section | | 162(l) and by the long-term care premiums claimed as an | itemized deduction pursuant to section 5125.; and |
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| | | Sec. 3. 36 MRSA §5122, sub-§2, ķU is enacted to read: |
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| | | U.__For income tax years beginning on or after January 1, | | 2015, the gain attributable to the sale of eligible | | timberlands as calculated in this paragraph. |
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| | | (1)__As used in this paragraph, unless the context | | otherwise indicates, the following terms have the | | following meanings. |
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| | | (a)__"Commercial harvesting" or "commercially | | harvested" means the harvesting of forest products | | that have commercial value. |
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| | | (b)__"Eligible timberlands" means land of at least | | 10 acres used primarily for the growth of trees to | | be commercially harvested.__Land that would | | otherwise be included within this definition may | | not be excluded because of: |
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| | | (i)__Use of the land for multiple public | | recreation activities; |
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| | | (ii)__Statutory or governmental restrictions | | that prevent commercial harvesting of trees | | or require a primary use of the land other | | than commercial harvesting; |
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| | | (iii)__Deed restrictions, restrictive | | covenants or organizational charters that | | prevent commercial harvesting of trees or | | require a primary use of land other than | | commercial harvesting and that were effective | | prior to January 1, 1982;__or |
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| | | (iv)__Past or present multiple use for | | mineral exploration. |
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| | | (c)__"Forest products that have commercial value" | | means logs, pulpwood, veneer, bolt wood, wood | | chips, stud wood, poles, pilings, biomass, fuel | | wood, Christmas trees, maple syrup, nursery | | products used for ornamental purposes, wreaths, | | bough material or cones or other seed products. |
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