LD 1305
pg. 6
Page 5 of 9 An Act To Encourage Long-term Holding of Maine Timberland and Sustainable Fores... Page 7 of 9
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LR 1758
Item 1

 
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

 
Sec. 6. 36 MRSA §5200-A, sub-§2, ¶P is enacted to read:

 
P.__For income tax years beginning on or after January 1,
2015, the gain attributable to the sale of eligible
timberlands as calculated pursuant to this paragraph.

 
(1)__As used in this paragraph, unless the context
otherwise indicates, the following terms have the
following meanings.

 
(a)__"Commercial harvesting" or "commercially
harvested" means the harvesting of forest products
that have commercial value.

 
(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:

 
(i)__Use of the land for multiple public
recreation activities;

 
(ii)__Statutory or governmental restrictions
that prevent commercial harvesting of trees
or require a primary use of the land other
than commercial harvesting;

 
(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

 
(iv)__Past or present multiple use for
mineral exploration.

 
(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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