LD 2073
pg. 5
Page 4 of 63 An Act To Bring Maine's Sales and Use Tax Law into Conformity with the Streamli... Page 6 of 63
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LR 3203
Item 1

 
1. Generally. The State Tax Assessor may, through the
Attorney General, file an action in Superior Court applying for
an order to enjoin from doing business any person who has:

 
A. Failed to register with the bureau assessor when the
person is required to register by any provision of Part 3 or
Part 5 or chapter 723 or by any rule adopted pursuant to
this Title, provided that the assessor has provided written
notice and the person continues to fail to register 15 days
after receiving notice from the assessor of such failure;

 
B. Failed to file with the assessor any overdue return
required by Part 3 or Part 5 or chapter 723 within 15 days
after receiving notice from the assessor of such failure;

 
C. Failed to pay any tax required by Part 3 or Part 5 or
chapter 723 when the tax is shown to be due on a return
filed by that person, or that is otherwise conceded by that
person to be due, or has been determined by the assessor to
be due and that determination has become final;

 
D. Knowingly filed a false return required by Part 3 or
Part 5 or chapter 723; or

 
E. Failed to deduct and withhold, or truthfully account for
or pay over or make returns of, income taxes in violation of
the provisions of chapter 827.

 
Sec. 11. 36 MRSA §184, sub-§3, as enacted by PL 2003, c. 452, Pt. U,
§1 and affected by Pt. X, §2, is amended to read:

 
3. "Person" defined. For purposes of this section, the word
"person" includes, in addition to its defined meaning in section
111, subsection 3, an officer, director, member, agent or
employee of another person who, in that capacity, is responsible
for the control or management of the funds and finances of that
person or is responsible for either the collection or the payment
of that retailer's person's trust fund taxes.

 
Sec. 12. 36 MRSA §191, sub-§3-B is enacted to read:

 
3-B.__Streamlined Sales and Use Tax Agreement.__The State Tax
Assessor and any certified service provider as defined by section
1752 shall comply with the confidentiality and privacy
requirements set forth in the Streamlined Sales and Use Tax
Agreement as adopted pursuant to chapter 921.

 
Sec. 13. 36 MRSA §1482, sub-§5, ¶D, as amended by PL 1997, c. 175, §1,
is further amended to read:


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