LD 449
pg. 6
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LR 416
Item 1

 
"qualified Pine Tree Development Zone business" and "qualified
business activity" have the meanings given to them in Title 30-A,
section 5250-I. For the purposes of this section, "primarily" means
more than 50% of the time during the period that begins on the date
on which the property is first placed in service by the purchaser
and ends 2 years from that date or at the time the property is
sold, destroyed or otherwise permanently removed from service by
the purchaser, whichever occurs first.

 
2. Reimbursement allowed.__A reimbursement is allowed as
provided in this section for a tax paid pursuant to this Part
with respect to the sale or use of tangible personal property
that is physically incorporated in and becomes a permanent part
of real property that is owned by or sold to a qualified Pine
Tree Development Zone business and that is used directly and
primarily by that business in one or more qualified business
activities.

 
3. Claim for reimbursement.__Claims under this section for
reimbursement of taxes are controlled by this subsection.

 
A.__A claim for reimbursement under this section must be
filed by the contractor or subcontractor with the State Tax
Assessor within 3 years from the date on which the tangible
personal property was incorporated into real property. The
reimbursement claim must be submitted on a form prescribed
by the assessor and must be accompanied by a statement from
a qualified Pine Tree Development Zone business certifying,
under penalties of perjury, that the personal property with
respect to which the tax was paid by the claimant has been
placed in use directly and primarily in a qualified business
activity. All records pertaining to such certification and
to the transactions in question must be retained for at
least 6 years by the contractor or subcontractor, by the
qualified Pine Tree Development Zone business and by the
person, if any, that sold the real property in question to
that business. The reimbursement claim must be accompanied
by such additional information as the assessor may require.
If a sales or use tax is included in the contractor's or
subcontractor's contract price, the contractor or
subcontractor shall file, at the request of the qualified
Pine Tree Development Zone business, a claim for
reimbursement in accordance with this section and pay the
reimbursement to the qualified Pine Tree Development Zone
business.

 
B.__If, by agreement between the contractor or subcontractor and
the qualified Pine Tree Development Zone business, the contractor
or subcontractor assigns its right to claim and receive
reimbursement, the qualified Pine Tree Development


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