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| Home > Statutes > Usa Maine |
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USA Statutes : maine
Title : Title 36. TAXATION
Chapter : Chapter 815. PARTNERS AND PARTNERSHIPS
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Title 36 - §5190. Entity not taxable
Title 36: TAXATION
Part 8: INCOME TAXES
Chapter 815: PARTNERS AND PARTNERSHIPS
§5190. Entity not taxable
A partnership as such shall not be subject to the tax imposed by this Part. Persons carrying on business as partners shall
be liable for the tax imposed by this Part only in their separate or individual capacities.
[1969, P. & S.L., c. 154, § F (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 36 - §5191. Resident partner -- adjusted gross income
Title 36: TAXATION
Part 8: INCOME TAXES
Chapter 815: PARTNERS AND PARTNERSHIPS
§5191. Resident partner -- adjusted gross income
1. Modification in determining the adjusted gross income of a resident partner. Any modification described in section 5122 which relates to an item of partnership income, gain, loss or deduction shall
be made in accordance with the partner's distributive share, for federal income tax purposes, of the item to which the modification
relates. Where a partner's distributive share of any item is not required to be taken into account separately for federal
income tax purposes, the partner's distributive share of that item shall be determined in accordance with the partner's distributive
share, for federal income tax purposes, of partnership taxable income or loss generally.
[1989, c. 508, §19 (amd).]
2. Character of items. Each item of partnership income, gain, loss or deduction shall have the same character for a partner under this Part as it
has for federal income tax purposes. Where an item is not characterized for federal income tax purposes, it shall have the
same character for a partner as if realized directly from the source from which realized by the partnership or incurred in
the same manner as incurred by the partnership.
[1969, P&SL, c. 154, §F (new).]
3. Tax aviodance or evasion. Where a partner's distributive share of an item of partnership income, gain, loss or deduction is determined for federal
income tax purposes by a special provision in the partnership agreement with respect to such item, and the principal purpose
of such provision is the avoidance or evasion of tax under this Part, the partner's distributive share of such item and any
modification required with respect thereto shall be determined in accordance with his distributive share of the taxable income
or loss of the partnership generally (that is, exclusive of those items requiring separate computation under the Internal
Revenue Code, Section 702, or its equivalent.)
[1979, c. 541, Pt. A, §233 (amd).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 36 - §5192. Nonresident partner -- adjusted gross income from sources in this State
Title 36: TAXATION
Part 8: INCOME TAXES
Chapter 815: PARTNERS AND PARTNERSHIPS
§5192. Nonresident partner -- adjusted gross income from sources in this State
1. General. In determining the adjusted gross income of a nonresident partner of any partnership, there shall be included only that part
derived from or connected with sources in this State of the partner's distributive share of items of partnership income, gain,
loss and deduction entering into his federal adjusted gross income, as such part is determined under regulations prescribed
by the assessor in accordance with the general rules in section 5142.
[1969, P. & S.L., c. 154, § F (new).]
2. Itemized deductions. If a nonresident partner of any partnership elects to itemize his deductions in determining his tax liability to this State,
there shall be attributed to him his distributive share of partnership items of deduction from federal adjusted gross income.
[1985, c. 783, § 32 (amd).]
3. Special rules as to sources in this State. In determining the sources of a nonresident partner's income, no effect shall be given to a provision in the partnership
agreement which:
A. Characterizes payments to the partner as being for services or for the use of capital, or allocated to the partner, as income
or gain from sources outside this State, a greater proportion of his distributive share of partnership income or gain than
the ratio of partnership income or gain from sources outside this State to partnership income or gain from all sources except
as authorized in subsection 5; or
[1969, P. & S.L., c. 154, § F (new).]
B. Allocates to the partner a greater proportion of a partnership item of loss or deduction connected with sources in this
State than his proportionate share, for federal income tax purposes, of partnership loss or deduction generally, except as
authorized in subsection 5.
[1969, P. & S.L., c. 154, § F (new).]
[1969, P. & S.L., c. 154, § F (new).]
4. Partner's modifications. Any modification described in section 5122, subsection 1 and 2, which relates to an item of partnership income, gain, loss
or deduction, shall be made in accordance with the partner's distributive share, for federal income tax purposes of the item
to which the modification relates, but limited to the portion of such item derived from or connected with sources in this
State.
[1979, c. 541, Pt. A, § 234 (amd).]
5. Alternate methods. The assessor may, on application, authorize or may require the use of such other methods of determining a nonresident partner's
portion of partnership items derived from or connected with sources in this State, and the modifications related thereto,
as may be appropriate and equitable, on such terms and conditions as he may require.
[1969, P. & S.L., c. 154, § F (new).]
6. Application of rules for resident partners to nonresident partners. A nonresident partner's distributive share of items of income, gain, loss or deduction shall be determined under section
5191, subsection 1. The character of partnership items for a nonresident partner shall be determined under section 5191, subsection
2. The effect of a special provision in a partnership agreement, other than a provision referred to in subsection 3, having
as a principal purpose the avoidance or evasion of tax under this Part shall be determined under section 5191, subsection
3.
[1979, c. 541, Pt. A, § 235 (amd).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
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