CHAPTER 757
H.P. 1923 - L.D. 2669
An Act to Implement the Tax Policy Recommendations of the Task Force Created to Review Smart Growth Patterns of Development
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 36 MRSA §2013, sub-§§2 and 3, as amended by PL 1993, c. 151, §1, are further amended to read:
2. Refund authorized. Any person, association of persons, firm or corporation who that purchases electricity, or that purchases or leases depreciable machinery or equipment, for use in commercial agricultural production, commercial fishing or commercial aquacultural production must be refunded the amount of sales tax paid by upon presenting to the State Tax Assessor evidence that the machinery or equipment complies with the definitions of subsection 1 the purchase is eligible for refund under this section.
Evidence required by the State Tax Assessor assessor may include a copy or copies of that portion of the purchaser's or lessee's most recent filing under the United States Internal Revenue Code that indicates that the purchaser or lessee is engaged in commercial agricultural production, commercial fishing or commercial aquacultural production and that the purchased machinery or equipment is depreciable for those purposes or would be depreciable for those purposes if owned by the lessee.
In the event that any piece of machinery or equipment is only partially depreciable under the United States Internal Revenue Code, any reimbursement of the sales tax must be prorated accordingly.
Application for refunds must be filed with the State Tax Assessor assessor within 36 months of the date of purchase or execution of the lease.
3. Purchases made free of tax with certificate. Sales tax is not need not be paid on the purchase of electricity or of a single item of machinery or equipment if the purchaser has the certification of obtained a certificate from the State Tax Assessor assessor stating that the purchaser is engaged in commercial agricultural production, commercial fishing or commercial aquacultural production and that autho-rizing the purchaser may to purchase electricity or depreciable machinery and equipment without paying Maine sales tax. The seller is required to obtain a copy of the certificate together with an affidavit as prescribed by the State Tax Assessor assessor, to be maintained in the seller's records, attesting to the qualification of the purchase for exemption pursuant to this section. In order to qualify for this exemption, the electricity or depreciable machinery or equipment must be used directly in commercial agricultural production, commercial fishing or commercial aquacultural production.
Sec. 2. Appropriation. The following funds are appropriated from the General Fund to carry out the purposes of this Act.
2000-01
ADMINISTRATIVE AND FINANCIAL SERVICES, DEPARTMENT OF
Bureau of Revenue Services
Position - Legislative Count (1.000)
Personal Services $26,735
All Other 6,725
Provides funds for one Tax Examiner position with a start date of September 1, 2000 and related costs to desk audit partnership and s-corporation returns to verify that all related partners and shareholders are properly filing individual income tax returns. This results in revenue to the General Fund of $166,075 in fiscal year 2000-01.
DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES __________
TOTAL $33,460
Sec. 3. Effective date. That section of this Act that amends the Maine Revised Statutes, Title 36, section 2013, subsections 2 and 3 takes effect January 1, 2001.
Effective August 11, 2000, unless otherwise indicated.
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