LD 1462
pg. 16
Page 15 of 16 An Act To Make Minor Substantive Changes to the Tax Laws LD 1462 Title Page
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LR 538
Item 1

 
It authorizes setoff of income tax refunds against liabilities
arising from redeterminations under the Maine Residents Property
Tax Program.

 
It bars a refund of overpaid withheld income taxes to a pass-
through entity if the overpayment results from income tax
actually withheld from members of the pass-through entity and
remitted to the Department of Administrative and Financial
Services, Maine Revenue Services pursuant to the Maine Revised
Statutes, Title 36, section 5250-B. Instead, the overpayment is
refunded directly to the individual member when that member
claims a withholding credit on the member's individual income tax
return. This provision is necessary to prevent pass-through
entities from receiving a refund of income tax withholding that
is also claimed as a credit on the Maine income tax return of the
members of the pass-through entity.

 
It provides for accrual of interest on debts attributable to a
redetermination under the Maine Residents Property Tax Program
and authorizes setoff of current-year benefits to recover
overpayments from prior years. It also clarifies that appeals of
redeterminations are governed by Title 36, section 151 and
eliminates gender-specific language.

 
It clarifies procedures relating to denial and recovery of
excessive claims attributable to fraud or negligence under the
Maine Residents Property Tax Program, replaces the special 1% per
month rate of interest applicable to these debts with a rate
generally applicable to overdue taxes and clarifies that intent
is an element of the crime of filing a fraudulent claim for the
claimant as well as for the preparer or the supplier of
information or an assistant of those persons.

 
It clarifies that compensation received after 2003 from
personal services performed in the State prior to 2004 by a
nonresident individual is taxable to the State only if the
personal services are performed in the State for more than 10
days during the year in which the compensation is received. It
further clarifies that compensation received after 2003 for
personal services performed after 2003 by a nonresident
individual is taxable to the State only if the personal services
are performed in the State for more than 10 days during the year
in which the compensation was earned.


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