If the qualified business is a taxable corporation that has affiliated groups, as defined in section 5102, subsection 1-B, engaged in a unitary business, as defined in section 5102, subsection 10-A, the property and payroll values in the State of the unitary affiliated groups must be included in the apportionment fraction. The resulting fraction must be multiplied by the total tax liability otherwise due under this Part of the qualified business and those affiliated groups.

If the apportionment provisions of this subsection do not fairly reflect the amount of the credit associated with the taxpayer's qualified business activity, the taxpayer may petition for, or the State Tax Assessor may require, in respect to all or any part of the taxpayer's business activity, the employment of another reasonable method to effectuate an equitable apportionment of the credit associated with the taxpayer's qualified business activity.

Sec. 15. 36 MRSA §5219-W, sub-§3, as enacted by PL 2003, c. 451, Pt. NNN, §5 and affected by §8, is repealed and the following enacted in its place:

3. Members of pass-through entities. A member of a pass- through entity that is a qualified Pine Tree Development Zone business, as defined in Title 30-A, section 5250-I, subsection 17, is allowed a credit under this section based on the tax due under this Part related to items of income, gain, deduction, loss or other items required to be reported by the pass-through entity to the member. For purposes of this subsection, "pass-through entity" means a corporation that for the applicable tax year is treated as an S corporation under the Code and a partnership, trust, limited liability company or similar entity that for the applicable tax year is not taxed as a C corporation for federal tax purposes; "member" means an individual or other owner of a pass-through entity.

Sec. 16. 36 MRSA §5219-W, sub-§5 is enacted to read:

5.__Definitions.__As used in this section, unless the context otherwise indicates, the following terms have the following meanings.

A.__"Property" means the average value of the taxpayer's real and tangible personal property that is owned or rented and used during the tax period.__Property owned by the taxpayer is valued at its original cost.__Property rented by the taxpayer is valued at 8 times the net annual rental rate.__The net annual rental rate is the annual rental rate