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of the gain recognized on the sale of the eligible | timberlands; |
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| (h)__For eligible timberlands held by the taxpayer | for at least a 17-year period__beginning on or | after January 1, 2005 but less than an 18-year | period beginning on or after January 1, 2005, 80% | of the gain recognized on the sale of the eligible | timberlands; |
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| (i)__For eligible timberlands held by the taxpayer | for at least an 18-year period__beginning on or | after January 1, 2005 but less than a 19-year | period beginning on or after January 1, 2005, 90% | of the gain recognized on the sale of the eligible | timberlands; or |
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| (j)__For eligible timberlands held by the taxpayer | for at least a 19-year period__beginning on or | after January 1, 2005, 100% of the gain recognized | on the sale of the eligible timberlands. |
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| In the case of timberlands owned by an entity that is | treated as a pass-through entity for income tax purposes, | the land must be treated as eligible timberland if ownership | and use of the land by the pass-through entity satisfies the | requirements of this paragraph.__If the owner of the | eligible timberlands is an S corporation, the taxpayer must | subtract the owner's pro rata share of the gain.__If the | owner of the timberlands is a partnership or limited | liability company taxed as a partnership, the taxpayer must | subtract the taxpayer's distributive share of the gain, | subject to the percentage limitations provided in this | paragraph. |
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| This modification may not reduce Maine taxable income to | less than zero.__To the extent this modification results in | Maine net income that is less than zero for the taxable | year, the excess negative modification amount may be carried | forward and applied as a subtraction modification for up to | 10 taxable years.__The entire amount of the excess negative | modification must be carried to the earliest of the taxable | years to which, by reason of this subsection, the negative | modification may be carried and then to each of the other | taxable years to the extent the unused negative modification | is not used for a prior taxable year.__Earlier carry-forward | modifications must be used before newer modifications | generated in later years. |
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