LD 1305
pg. 4
Page 3 of 9 An Act To Encourage Long-term Holding of Maine Timberland and Sustainable Fores... Page 5 of 9
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LR 1758
Item 1

 
of the gain recognized on the sale of the eligible
timberlands;

 
(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;

 
(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

 
(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.

 
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.

 
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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