LD 1462
pg. 11
Page 10 of 16 An Act To Make Minor Substantive Changes to the Tax Laws Page 12 of 16
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LR 538
Item 1

 
2. Attribution. Items of income, gain, loss, and deduction
derived from or connected with sources within this State are
those items attributable to:

 
A. The ownership or disposition of any interest in real or
tangible personal property in this State; and

 
B. A business, trade, profession or occupation carried on
in this State.; and

 
C.__Proceeds from any gambling activity conducted in this
State or lottery tickets purchased in this State, including
payments received from a 3rd party for the transfer of the
rights to future proceeds related to any such gambling
activity or lottery tickets.

 
Sec. 21. 36 MRSA §5142, sub-§8, as repealed and replaced by PL 2003,
c. 673, Pt. E, §1 and affected by §3, is repealed.

 
Sec. 22. 36 MRSA §5142, sub-§8-A is enacted to read:

 
8-A.__Minimum taxability threshold.__Minimum taxability
thresholds for nonresidents are as follows.

 
A.__Compensation received during any taxable year after 2003
for personal services performed in the State prior to
January 1, 2004 is Maine-source income subject to taxation
under this Part if the nonresident taxpayer is present in
the State performing personal services for more than 10 days
during that taxable year.

 
B.__Compensation received during any taxable year after 2003
for personal services performed in this State after December
31, 2003 is Maine-source income subject to taxation under
this Part if the nonresident taxpayer was present in the
State performing personal services for more than 10 days
during the year in which the personal services were
performed.

 
Sec. 23. 36 MRSA §5220, sub-§2, as amended by PL 2003, c. 673, Pt. E,
§2 and affected by §3, is further amended to read:

 
2. Nonresident individuals. Every nonresident individual
who, pursuant to this Part, has a Maine individual income tax
liability for the taxable year. An individual whose only Maine-
source income is compensation for personal services performed in
Maine that is excluded from Maine adjusted gross income by the
threshold contained in section 5142, subsection 8 8-A is not
subject to taxation under this Part and need not file a return;


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