LD 1557
pg. 1
LD 1557 Title Page An Act To Improve the Business Equipment Tax Reimbursement Program Page 2 of 2
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LR 280
Item 1

 
Be it enacted by the People of the State of Maine as follows:

 
Sec. 1. 36 MRSA §6651, sub-§1, as amended by PL 2001, c. 396, §43, is
further amended to read:

 
1. Eligible property. "Eligible property" means qualified
business property first placed in service in the State, or
constituting construction in progress commenced in the State,
after April 1, 1995 but before April 1, 2007. "Eligible
property" includes, without limitation, repair parts, replacement
parts, additions, accessions and accessories to other qualified
business property placed in service on or before April 1, 1995 if
the part, addition, accession or accessory is first placed in
service, or constitutes construction in progress, in the State
after April 1, 1995 but before April 1, 2007. "Eligible
property" also includes inventory parts.

 
Sec. 2. 36 MRSA §6652, sub-§1, as amended by PL 2003, c. 391, §12, is
further amended to read:

 
1. Generally. A person against whom taxes have been assessed
pursuant to Part 2, except for chapters 111 and 112, with respect
to eligible property and who has paid those taxes is entitled to
reimbursement of those taxes from the State as provided in this
chapter to the extent that those taxes have not been returned to
the taxpayer by a municipality due to the taxpayer's
participation in a municipal development district pursuant to
Title 30-A, chapter 206, subchapter 1. The combined
reimbursement under this chapter and Title 30-A, chapter 206,
subchapter 1 may not exceed 90% of the assessed taxes for
eligible property. For purposes of this chapter, a tax applied
as a credit against a tax assessed pursuant to chapter 111 or 112
is a tax assessed pursuant to chapter 111 or 112. Eligible
property is subject to reimbursement pursuant to this chapter for
up to 12 10 property tax years, but the 12 10 years must be
reduced by one year for each year during which a taxpayer
included the same property in its investment credit base under
section 5219-D, 5219-E or 5219-M and claimed the credit provided
in one or more of those sections on its income tax return, and
reimbursement may not be made for taxes assessed in a year in
which one or more of those credits is taken. A successor in
interest of a person against whom taxes have been assessed with
respect to eligible property is entitled to reimbursement
pursuant to this section, whether the tax was paid by the person
assessed or by the successor, as long as a transfer of the
property in question to the successor has occurred and the
successor is the owner of the property as of August 1st, of the
year in which a claim for reimbursement may be filed pursuant to
section 6654. For purposes of this paragraph, "successor in
interest" includes the initial successor and any subsequent


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