LD 1751
pg. 4
Page 3 of 10 An Act Concerning Technical Changes to the Tax Laws Page 5 of 10
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LR 2950
Item 1

 
In the case of an affiliated group of corporations engaged in a
unitary business with activity taxable both within and without
this State, the rates provided in this subsection are applied
only to the first $250,000 of the net income of the entire group
and must be apportioned equally among the taxable corporations
unless those taxable corporations jointly elect a different
apportionment. The balance of the net income of the entire group
is taxed at 8.93%.

 
Sec. 7. 36 MRSA §5203-C, sub-§1, ¶D, as enacted by PL 2003, c. 673, Pt.
JJ, §3 and affected by §6, is amended to read:

 
D. "Exemption amount" means the applicable exemption as
provided by the Code, Section 55(d) as of December 31, 2002,
except that tentative alternative minimum taxable income as
determined under paragraph H G must be substituted in the
computation of the phase-out under the Code, Section
55(d)(3).

 
Sec. 8. 36 MRSA §5203-C, sub-§4, ¶A, as enacted by PL 2003, c. 673, Pt.
JJ, §3 and affected by §6, is amended to read:

 
A. A minimum tax credit is allowed against the liability
arising under this Part for any taxable year other than
withholding tax liability. The minimum tax credit equals
the excess, if any, of the adjusted alternative minimum tax,
reduced by the credit for tax paid to other jurisdictions
determined under subsection 3 and the Pine Tree Development
Zone tax credit provided by section 5219-W, that was imposed
for all prior taxable years beginning after 2003 over the
amount allowable as a credit under this subsection for such
prior taxable years, plus unused minimum tax credits from
years beginning after 1990.

 
Sec. 9. 36 MRSA §5206-D, sub-§9, as enacted by PL 1997, c. 404, §5 and
affected by §10, is amended to read:

 
9. Loan. "Loan" means any extension of credit resulting from
direct negotiations between the taxpayer and its customer, or the
purchase, in whole or in part, of the extension of credit from
another. Loans include "Loan" includes participations,
syndications and leases treated as loans for federal income tax
purposes. Loans do "Loan" does not include properties treated as
loans under the Code, Section 595 as of December 31, 1995;
futures or forward contracts; options; notional principal
contracts such as swaps; credit card receivables, including
purchased credit card relationships; noninterest-bearing balances
due from depository institutions; cash items in the process of
collection; federal funds sold; securities purchased under
agreements to resell; assets held in a trading account;


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