| 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. |