USA Statutes : maine
Title : Title 36. TAXATION
Chapter : Chapter 915. REIMBURSEMENT FOR TAXES PAID ON CERTAIN BUSINESS PROPERTY (HEADING. PL 1995, c. 368, Pt. FFF, @2 (new))
Title 36 - §6651. Definitions
Title 36: TAXATION
Part 9: TAXPAYER BENEFIT PROGRAMS
Chapter 915: REIMBURSEMENT FOR TAXES PAID ON CERTAIN BUSINESS PROPERTY (HEADING: PL 1995, c. 368, Pt. FFF, @2 (new))
§6651. Definitions
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.
[1995, c. 368, Pt. FFF, §2 (new).]
1. Eligible property. "Eligible property" means qualified business property first placed in service in the State, or constituting construction
in progress commenced in the State, after April 1, 1995. "Eligible property" includes, without limitation, repair parts,
replacement parts, additions, accessions and accessories to other qualified business property placed in service on or before
April 1, 1995 if the part, addition, accession or accessory is first placed in service, or constitutes construction in progress,
in the State after April 1, 1995. "Eligible property" also includes inventory parts.
[2001, c. 396, §43 (amd).]
2. Inventory parts. "Inventory parts" includes repair parts, replacement parts, replacement equipment, additions, accessions and accessories
on hand but not in service and stocks or inventories of repair parts, replacement parts, replacement equipment, additions,
accessions and accessories on hand but not in service if acquired after April 1, 1995, regardless of when placed in service.
[1995, c. 368, Pt. FFF, §2 (new).]
2-A. Primarily. "Primarily" means more than 50% of the time.
[2005, c. 12, Pt. BBB, §1 (new); §6 (aff).]
3. Qualified business property. "Qualified business property" means tangible personal property that:
A. Is used or held for use exclusively for a business purpose by the person in possession of it or, in the case of construction
in progress or inventory parts, is intended to be used exclusively for a business purpose by the person who will possess that
property; and
[1995, c. 368, Pt. FFF, §2 (new).]
B. Either:
(1) Was subject to an allowance for depreciation under the Code on April 1st of the property tax year to which the claim
for reimbursement relates or would have been subject to an allowance for depreciation under the Code as of that date but for
the fact that the property has been fully depreciated; or
(2) In the case of construction in progress or inventory parts, would be subject under the Code to an allowance for depreciation
when placed in service or would have been subject to an allowance for depreciation under the Code as of that date but for
the fact that the property has been fully depreciated.
[1995, c. 368, Pt. FFF, §2 (new).]
"Qualified business property" also includes all property that is affixed or attached to a building or other real estate if
it is used to further a particular trade or business activity taking place in that building or on that real estate. "Qualified
business property" does not include components or attachments to a building if used primarily to serve the building as a building,
regardless of the particular trade or activity taking place in or on the building. "Qualified business property" also does
not include land improvements if used primarily to further the use of the land as land, regardless of the particular trade
or business activities taking place in or on the land. In the case of construction in progress or inventory parts, the term
"used" means intended to be used. "Qualified business property" also does not include any vehicle registered for on-road
use on which a tax assessed pursuant to chapter 111 has been paid or any watercraft registered for use on state waters on
which a tax assessed pursuant to chapter 112 has been paid.
[2001, c. 396, §44 (amd).]
4. Retail sales activity. "Retail sales activity" means an activity associated with the selection and purchase of goods or the rental of tangible
personal property.
[2005, c. 12, Pt. BBB, §1 (new); §6 (aff).]
5. Retail sales facility. "Retail sales facility" means a structure used to serve customers who are physically present at the facility for the purpose
of selecting and purchasing goods at retail or for renting tangible personal property. "Retail sales facility" does not include
a separate structure that is used as a warehouse or call center facility.
[2005, c. 12, Pt. BBB, §1 (new); §6 (aff).]
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 - §6652. Reimbursement allowed; limitation
Title 36: TAXATION
Part 9: TAXPAYER BENEFIT PROGRAMS
Chapter 915: REIMBURSEMENT FOR TAXES PAID ON CERTAIN BUSINESS PROPERTY (HEADING: PL 1995, c. 368, Pt. FFF, @2 (new))
§6652. Reimbursement allowed; limitation
1. Generally. A person against whom taxes have been assessed pursuant to Part 2, except for chapters 111 and 112, with respect to eligible
property and who has paid those taxes is entitled to reimbursement of those taxes from the State as provided in this chapter.
The reimbursement under this chapter is 100% of the taxes assessed and paid with respect to eligible property, except that
for claims filed for the application period that begins on August 1, 2006 the reimbursement is 90% of the taxes assessed and
paid with respect to eligible property. For purposes of this chapter, a tax applied as a credit against a tax assessed pursuant
to chapter 111 or 112 is a tax assessed pursuant to chapter 111 or 112. Eligible property is subject to reimbursement pursuant
to this chapter for up to 12 property tax years, but the 12 years must be reduced by one year for each year during which a
taxpayer included the same property in its investment credit base under section 5219-D, 5219-E or 5219-M and claimed the credit
provided in one or more of those sections on its income tax return, and reimbursement may not be made for taxes assessed in
a year in which one or more of those credits is taken. A successor in interest of a person against whom taxes have been assessed
with respect to eligible property is entitled to reimbursement pursuant to this section, whether the tax was paid by the person
assessed or by the successor, as long as a transfer of the property in question to the successor has occurred and the successor
is the owner of the property as of August 1st, of the year in which a claim for reimbursement may be filed pursuant to section
6654. For purposes of this paragraph, "successor in interest" includes the initial successor and any subsequent successor.
When an eligible successor in interest exists, the successor is the only person to whom reimbursement under this chapter
may be made with respect to the transferred property.
[2005, c. 457, Pt. BBB, §1 (amd).]
1-A. Certain persons excluded. Notwithstanding any other provision of law, the following persons are not eligible for reimbursement pursuant to this chapter:
A. A public utility as defined by Title 35-A, section 102;
[1997, c. 24, Pt. C, §14 (new).]
B. A person that provides radio paging services as defined by Title 35-A, section 102;
[1997, c. 24, Pt. C, §14 (new).]
C. A person that provides mobile telecommunications services as defined by Title 35-A, section 102;
[1997, c. 24, Pt. C, §14 (new).]
D. A cable television company as defined by Title 30-A, section 2001;
[1997, c. 24, Pt. C, §14 (new).]
E. A person that provides satellite-based direct television broadcast services; and
[1997, c. 24, Pt. C, §14 (new).]
F. A person that provides multichannel, multipoint television distribution services.
[1997, c. 24, Pt. C, §14 (new).]
This subsection applies retroactively to property tax years beginning after April 1, 1995.
[1997, c. 24, Pt. C, §14 (new).]
1-B. Certain property excluded. Notwithstanding any other provision of law, reimbursement pursuant to this chapter may not be made with respect to the following
property:
A. Office furniture, including, without limitation, tables, chairs, desks, bookcases, filing cabinets and modular office partitions;
[2003, c. 625, §1 (amd); §3 (aff); c. 687, Pt. A, §10 (amd); Pt. B, §11 (aff).]
B. Lamps and lighting fixtures; and
[2003, c. 625, §1 (amd); §3 (aff); c. 687, Pt. A, §10 (amd); Pt. B, §11 (aff).]
C. Gambling machines or devices, including any device, machine, paraphernalia or equipment that is used or usable in the playing
phases of any gambling activity as that term is defined in Title 8, section 1001, subsection 15, whether that activity consists
of gambling between persons or gambling by a person involving the playing of a machine. "Gambling machines or devices" includes,
without limitation:
(1) Associated equipment as defined in Title 8, section 1001, subsection 2;
(2) Computer equipment used directly and primarily in the operation of a slot machine as defined in Title 8, section 1001,
subsection 39;
(3) An electronic video machine as defined in Title 17, section 330, subsection 1-A;
(4) Equipment used in the playing phases of lottery schemes; and
(5) Repair and replacement parts of a gambling machine or device.
[2005, c. 218, §61 (rpr); §63 (aff).]
This subsection applies to property tax years beginning after April 1, 1996. Property affected by this subsection that was
eligible for reimbursement pursuant to chapter 915 of property taxes paid for the 1996 property tax year is grandfathered
into the program and continues to be eligible for reimbursements for up to 12 property tax years, unless it subsequently becomes
ineligible.
[2005, c. 218, §61 (amd); §63 (aff).]
1-C. Certain energy facilities. Reimbursement for certain energy facilities under this chapter is limited as follows.
A. Reimbursement may not be made for a natural gas pipeline, including pumping or compression stations, storage depots and
appurtenant facilities used in the transportation, delivery or sale of natural gas, but not including a pipeline that is less
than a mile in length and is owned by a consumer of natural gas delivered through the pipeline.
[1997, c. 729, Pt. B, §2 (new).]
B. Except as provided in paragraph C, reimbursement may not be made for property used to produce or transmit energy primarily
for sale. Energy is primarily for sale if during the property tax year immediately preceding the property tax year for which
a claim is being made 23 or more of the useful energy is directly or indirectly sold and transmitted through the facilities
of a transmission and distribution utility as defined in Title 35-A, section 102, subsection 20-B.
[2001, c. 396, §47 (amd).]
C. A cogeneration facility is eligible for reimbursement on that portion of property taxes paid multiplied by a fraction, the
numerator of which is the total amount of useful energy produced by the facility during the property tax year immediately
preceding the property tax year for which a claim is being made that is directly used by a manufacturing facility without
transmission over the facilities of a transmission and distribution utility as defined in Title 35-A, section 102, subsection
20-B and the denominator of which is the total amount of useful energy produced by the facility during the property tax year
immediately preceding the property tax year for which a claim is being made.
[2001, c. 396, §47 (amd).]
D. For purposes of this subsection, unless the context indicates otherwise, the following terms have the following meanings.
(1) "Cogeneration facility" means the eligible property within a facility that produces electrical energy, thermal energy
or both for commercial or industrial use when less than 23 of the useful energy produced by the facility during the property
tax year is sold and transmitted directly or indirectly through the facilities of a transmission and distribution utility,
as defined in Title 35-A, section 102, subsection 20-B. "Cogeneration facility" includes eligible property within a heat
recovery steam generator.
(2) "Useful energy" is energy in any form that does not include waste heat, efficiency losses, line losses or other energy
dissipation.
[1999, c. 398, Pt. A, §103 (amd); §§104, 105 (aff).]
[2001, c. 396, §47 (amd).]
1-D. Retail sales facilities. Reimbursement pursuant to this chapter may not be made with respect to property that is located in a retail sales facility
exceeding 100,000 square feet of interior customer selling space and used primarily in a retail sales activity, unless the
facility is owned by a business whose Maine-based operation derives less than 50% of its total annual revenue on a calendar-year
basis from sales that are subject to Maine sales tax. This subsection applies to property tax years beginning after April
1, 2006. Property affected by this subsection that was eligible for reimbursement pursuant to this chapter for property taxes
paid for the 2006 property tax year is grandfathered into the program and continues to be eligible for reimbursement to the
extent permitted by this chapter as it existed on April 1, 2006, unless that property subsequently becomes ineligible.
[2005, c. 12, Pt. BBB, §2 (new); §6 (aff).]
2. Limitation. Reimbursement may not be made by the State Tax Assessor pursuant to this chapter with respect to the payment of taxes assessed
against property that is entitled to exemption pursuant to section 656, subsection 1, paragraph E or any other provision of
law except that reimbursement must be made with respect to the payment of taxes assessed against property that has not been
certified for exemption pursuant to section 656, subsection 1, paragraph E but that is entitled to exemption pursuant to that
provision if that property has been placed in service after the December 1st immediately preceding April 1st of the tax year
for which reimbursement is sought but prior to April 1st of the property tax year for which reimbursement is sought. The
claimant may seek reconsideration, pursuant to section 151, of the assessor's denial of reimbursement under this subsection.
If the assessor denies a reimbursement claim on the ground that the property in question is entitled to exemption under section
656, subsection 1, paragraph E and the claimant seeks reconsideration of the denial, the assessor shall, at the claimant's
request, allow the claimant up to one year to obtain a statement from the Commissioner of Environmental Protection that the
property at issue is not exempt. If the claimant timely produces such a statement or otherwise demonstrates that the property
is not exempt, the assessor shall allow the reimbursement.
[1999, c. 398, Pt. A, §103 (amd); §§104, 105 (aff).]
3. Withholding for failure to report. Provided that the Department of Economic and Community Development has complied with the notice requirements of Title 5,
section 13070-J, subsection 4, paragraph E and the notice required by that provision has been received by the claimant, the
State Tax Assessor shall withhold reimbursement under this chapter for a claimant listed by the department pursuant to Title
5, section 13070-J, subsection 4, paragraph E as failing to submit the reports required by Title 5, section 13070-J, subsection
3 and who, as of the date of the claim for which payment is being withheld, has failed to submit a report that has become
due. Upon notification by the department of its receipt of the required report in an acceptable form, the State Tax Assessor
shall make the payment that was withheld. The right to receive payment is forfeited if the overdue report is not received
in an acceptable form by the department within 180 days following the date the claim for reimbursement was filed, except that
a forfeiture may not occur unless and until the following requirements have been satisfied:
A. The assessor has notified the Department of Economic and Community Development, at least 60 days prior to the expiration
of the 180 day period, of the date on which that 180 day period will expire;
[1999, c. 768, §6 (new).]
B. The Department of Economic and Community Development has notified the claimant in writing by certified mail within 15 days
of receiving the assessor's notice that the department has made a determination under Title 5, section 13070-J, subsection
4, paragraph F that the report filed by the claimant has not been received or is in unacceptable form and that the right to
reimbursement is subject to forfeiture if a report in acceptable form is not filed within 180 days following the date the
claim for reimbursement was filed; and
[1999, c. 768, §6 (new).]
C. The claimant has either not appealed the determination of the Department of Economic and Community Development to Superior
Court within 30 days of receipt by the claimant of the written determination in accordance with Title 5, section 13070-J,
subsection 4, paragraph F or the claimant has appealed and the department's determination has been upheld on appeal.
[1999, c. 768, §6 (new).]
[1999, c. 768, §6 (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 - §6653. Taxpayer to obtain information
Title 36: TAXATION
Part 9: TAXPAYER BENEFIT PROGRAMS
Chapter 915: REIMBURSEMENT FOR TAXES PAID ON CERTAIN BUSINESS PROPERTY (HEADING: PL 1995, c. 368, Pt. FFF, @2 (new))
§6653. Taxpayer to obtain information
Before filing a request for reimbursement with the State Tax Assessor pursuant to section 6654, a taxpayer must notify the
assessor or assessors for any taxing jurisdiction in which eligible property is subject to tax and for which the taxpayer
intends to claim reimbursement that the taxpayer intends to file a reimbursement request. The notification must also include
a list of the property that the taxpayer believes constitutes eligible property, the original cost of that property, the date
that property was acquired and whether the property was acquired new or used. The taxpayer must submit to the assessor or
assessors of each taxing jurisdiction at the same time a request that the assessor or assessors of the taxing jurisdiction
provide to the taxpayer a statement identifying the assessed just value of eligible property for which reimbursement will
be requested and the associated tax attributed to that property. If the taxpayer submits the request to the assessor or assessors
60 days or more before the commitment date for the property tax year at issue, the assessor or assessors of the taxing jurisdiction
shall make the statement available to the taxpayer at the time the taxing jurisdiction first bills the taxpayer for property
taxes for the property tax year at issue. If the taxpayer submits the request to the assessor or assessors less than 60 days
before the commitment date or after the commitment date, the assessor or assessors shall make the statement available to the
taxpayer within 60 days after the request is made.
[1995, c. 368, Pt. FFF, §2 (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 - §6654. Claim for reimbursement
Title 36: TAXATION
Part 9: TAXPAYER BENEFIT PROGRAMS
Chapter 915: REIMBURSEMENT FOR TAXES PAID ON CERTAIN BUSINESS PROPERTY (HEADING: PL 1995, c. 368, Pt. FFF, @2 (new))
§6654. Claim for reimbursement
A person entitled to reimbursement of property taxes paid with respect to eligible property pursuant to section 6652 may file
a claim for reimbursement with the State Tax Assessor. The reimbursement claim must be filed with the State Tax Assessor
on or after August 1st and on or before the following December 31st for property taxes paid during the preceding calendar
year for which no previous reimbursement pursuant to this chapter has been made. For good cause, the State Tax Assessor may
at any time extend the time for filing a claim for reimbursement for a period not exceeding 60 days from the original due
date. Except as otherwise provided, the claim must be accompanied by the statement obtained by the claimant pursuant to section
6653. If the claimant requests reimbursement of an amount of tax that differs from the amount of tax specified for the eligible
property in the statement provided by the assessor or assessors of the taxing jurisdiction, the claimant must attach to the
claim form an explanation of the reasons for that difference and the State Tax Assessor shall determine the correct amount
of reimbursement to which the claimant is entitled, taking into consideration both the statement from the assessor or assessors
and the taxpayer's explanation. If, for any reason, the claimant is unable to obtain the statement specified in section 6653
from the assessor or assessors within the time specified in section 6653, the claimant must attach to the claim form an explanation
of the amount of reimbursement requested and the State Tax Assessor shall process the claim without that statement.
[2001, c. 714, Pt. BB, §1 (amd); §4 (aff).]
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 - §6655. Forms
Title 36: TAXATION
Part 9: TAXPAYER BENEFIT PROGRAMS
Chapter 915: REIMBURSEMENT FOR TAXES PAID ON CERTAIN BUSINESS PROPERTY (HEADING: PL 1995, c. 368, Pt. FFF, @2 (new))
§6655. Forms
The State Tax Assessor shall prescribe forms for the notice of claim and statement of the assessor or assessors provided in
section 6653 and the claim for reimbursement, with instructions, and make those forms available to taxpayers and taxing jurisdictions.
The forms must include a checkoff to indicate if the applicant is also receiving tax increment financing.
[2005, c. 12, Pt. BBB, §3 (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 - §6656. Payment of claims
Title 36: TAXATION
Part 9: TAXPAYER BENEFIT PROGRAMS
Chapter 915: REIMBURSEMENT FOR TAXES PAID ON CERTAIN BUSINESS PROPERTY (HEADING: PL 1995, c. 368, Pt. FFF, @2 (new))
§6656. Payment of claims
Except as provided in section 6652, subsection 3, upon receipt of a timely and properly completed claim for reimbursement,
the State Tax Assessor shall certify that the claimant is eligible for reimbursement and shall pay the amount claimed as provided
by this section by November 1st or within 90 days after receipt of the claim, whichever is later. For those claims for which
payments are withheld pursuant to section 6652, subsection 3, reimbursement must be paid within 90 days after the assessor
receives notification under that subsection that the report has been received.
[2005, c. 12, Pt. BBB, §4 (amd).]
div>
Notwithstanding any other provision of law, the State Tax Assessor shall determine the benefit for each claimant under this
chapter and certify the amount to the State Controller to be transferred to the Business Equipment Tax Reimbursement reserve
account established, maintained and administered by the State Controller from General Fund undedicated revenue within the
individual income tax category. The assessor shall pay the certified amounts to each approved applicant qualifying for the
benefit under this chapter. Interest is not allowed on any payment made to a claimant pursuant to this chapter.
[2005, c. 12, Pt. BBB, §4 (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 - §6657. Audit of claim
Title 36: TAXATION
Part 9: TAXPAYER BENEFIT PROGRAMS
Chapter 915: REIMBURSEMENT FOR TAXES PAID ON CERTAIN BUSINESS PROPERTY (HEADING: PL 1995, c. 368, Pt. FFF, @2 (new))
§6657. Audit of claim
The State Tax Assessor has the authority to audit any claim filed under this chapter and take any action provided in section
384. If the State Tax Assessor determines that the amount of the claimed reimbursement is incorrect, the State Tax Assessor
shall redetermine the claim and notify the claimant in writing of the redetermination and the State Tax Assessor's reasons.
If the claimant has received reimbursement of an amount that the State Tax Assessor concludes should not have been reimbursed,
the State Tax Assessor may issue an assessment for that amount within 3 years from the date the reimbursement claim was filed
or at any time if a fraudulent reimbursement claim was filed. The claimant may seek reconsideration, pursuant to section
151, of the redetermination or assessment.
[1995, c. 368, Pt. FFF, §2 (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 - §6658. Subsequent changes
Title 36: TAXATION
Part 9: TAXPAYER BENEFIT PROGRAMS
Chapter 915: REIMBURSEMENT FOR TAXES PAID ON CERTAIN BUSINESS PROPERTY (HEADING: PL 1995, c. 368, Pt. FFF, @2 (new))
§6658. Subsequent changes
If, after a claim for reimbursement has been filed, the associated property tax assessment is reduced or abated for any reason,
or the property tax paid is applied as a credit against the tax assessed pursuant to chapter 111 or 112, the claimant shall
file, within 60 days after receipt of the reduction, abatement or credit, an amended claim for reimbursement reflecting the
reduction, abatement or credit. If a claimant has received reimbursement for property tax that is reduced, abated or credited
against the tax assessed pursuant to chapter 111 or 112, the claimant shall, within 60 days of receipt of the reduction, abatement
or credit, refund to the Bureau of Revenue Services the amount of the reimbursement attributable to the property tax that
has been reduced, abated or credited. If the claimant fails to make the refund within the 60-day period, the State Tax Assessor,
within 3 years from the claimant's receipt of reimbursement, may issue an assessment for the amount that the claimant owes
to the Bureau of Revenue Services. The claimant may seek reconsideration, pursuant to section 151, of the assessment.
[2005, c. 457, Pt. BBB, §2 (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 - §6659. Legislative findings
Title 36: TAXATION
Part 9: TAXPAYER BENEFIT PROGRAMS
Chapter 915: REIMBURSEMENT FOR TAXES PAID ON CERTAIN BUSINESS PROPERTY (HEADING: PL 1995, c. 368, Pt. FFF, @2 (new))
§6659. Legislative findings
The Legislature finds that encouragement of the growth of capital investment in this State is in the public interest and promotes
the general welfare of the people of the State. The Legislature further finds that the high cost of owning qualified business
property in this State is a disincentive to the growth of capital investment in this State. The Legislature further finds
that the program set forth in this chapter is a reasonable means of overcoming this disincentive and will encourage capital
investment in this State.
[1995, c. 368, Pt. FFF, §2 (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 - §6660. Availability of information
Title 36: TAXATION
Part 9: TAXPAYER BENEFIT PROGRAMS
Chapter 915: REIMBURSEMENT FOR TAXES PAID ON CERTAIN BUSINESS PROPERTY (HEADING: PL 1995, c. 368, Pt. FFF, @2 (new))
§6660. Availability of information
Notwithstanding section 191, information contained in applications for reimbursement, the names of persons receiving reimbursement
and the amount of reimbursement paid to an applicant may be publicly disclosed by the bureau. This section does not permit
the disclosure of taxpayer identification numbers.
[1997, c. 761, §5 (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 - §6661. Certain leased property
Title 36: TAXATION
Part 9: TAXPAYER BENEFIT PROGRAMS
Chapter 915: REIMBURSEMENT FOR TAXES PAID ON CERTAIN BUSINESS PROPERTY (HEADING: PL 1995, c. 368, Pt. FFF, @2 (new))
§6661. Certain leased property
A lessor of eligible property shall pay over to the lessee of that property reimbursement of property taxes received by the
lessor under this chapter with respect to that property to the extent that the lessor has been reimbursed for those taxes
by the lessee.
[2001, c. 392, §1 (new); §3 (aff).]
p align="center">36 §06661
p align="center">Program name
p align="center">(REPEALED)
p align="center">(REALLOCATED TO TITLE 36, SECTION 6663)
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 - §6662. Disallowance of reimbursement for certain property
Title 36: TAXATION
Part 9: TAXPAYER BENEFIT PROGRAMS
Chapter 915: REIMBURSEMENT FOR TAXES PAID ON CERTAIN BUSINESS PROPERTY (HEADING: PL 1995, c. 368, Pt. FFF, @2 (new))
§6662. Disallowance of reimbursement for certain property
Reimbursement under this chapter may not be made for property tax payments made with respect to property located at a facility
that has permanently ceased all productive operations on April 1st of the year for which the property taxes are assessed and
where no productive operations have been conducted for at least 12 months before the date that reimbursement is requested.
This section does not apply if the owner of the facility has publicly advertised that the facility is available for sale
or lease and has made a good faith effort to market and sell or lease the facility to prospective buyers or lessees.
[2001, c. 392, §1 (new); §3 (aff).]
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 - §6663. Program name (REALLOCATED FROM TITLE 36, SECTION 6661)
Title 36: TAXATION
Part 9: TAXPAYER BENEFIT PROGRAMS
Chapter 915: REIMBURSEMENT FOR TAXES PAID ON CERTAIN BUSINESS PROPERTY (HEADING: PL 1995, c. 368, Pt. FFF, @2 (new))
§6663. Program name (REALLOCATED FROM TITLE 36, SECTION 6661)
The procedure for business property tax reimbursement provided by this chapter may be referred to as the "Business Equipment
Tax Reimbursement" or "BETR" program.
[RR 2001, c. 1, §46 (ral).]
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 - §6664. Report
Title 36: TAXATION
Part 9: TAXPAYER BENEFIT PROGRAMS
Chapter 915: REIMBURSEMENT FOR TAXES PAID ON CERTAIN BUSINESS PROPERTY (HEADING: PL 1995, c. 368, Pt. FFF, @2 (new))
§6664. Report
1. Report to Legislature. By January 15th annually, the State Tax Assessor shall submit to the joint standing committee of the Legislature having
jurisdiction over appropriations and financial affairs and the joint standing committee of the Legislature having jurisdiction
over taxation matters a report that contains the following information with regard to persons receiving benefits under this
chapter:
A. A list of persons receiving reimbursement for property taxes both under this chapter and under a tax increment financing
agreement;
[2005, c. 12, Pt. BBB, §5 (new).]
B. The total tax increment financing district property value for each person;
[2005, c. 12, Pt. BBB, §5 (new).]
C. The municipality of each tax increment financing district and the property tax rate for that municipality;
[2005, c. 12, Pt. BBB, §5 (new).]
D. The total tax increment financing district property taxes paid, categorized by real property and personal property;
[2005, c. 12, Pt. BBB, §5 (new).]
E. The total of tax increment financing credit enhancement agreement reimbursement for property taxes paid categorized by real
property and personal property;
[2005, c. 12, Pt. BBB, §5 (new).]
F. The total reimbursement received by each person under this chapter; and
[2005, c. 12, Pt. BBB, §5 (new).]
G. The extent of overlap between reimbursement for property taxes on personal property under this chapter and under a tax increment
financing agreement.
[2005, c. 12, Pt. BBB, §5 (new).]
[2005, c. 12, Pt. BBB, §5 (new).]
2. Cooperation. The Department of Economic and Community Development and municipalities shall provide any information requested by the State
Tax Assessor for the completion of the report required by this section.
[2005, c. 12, Pt. BBB, §5 (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 - §6665. Financial projections report
Title 36: TAXATION
Part 9: TAXPAYER BENEFIT PROGRAMS
Chapter 915: REIMBURSEMENT FOR TAXES PAID ON CERTAIN BUSINESS PROPERTY (HEADING: PL 1995, c. 368, Pt. FFF, @2 (new))
§6665. Financial projections report
1. Report to Legislature. By January 15th annually, the State Tax Assessor shall submit to the joint standing committee of the Legislature having
jurisdiction over appropriations and financial affairs and the joint standing committee of the Legislature having jurisdiction
over taxation matters a report that contains the following information with regard to the projected cost of benefits under
this chapter:
A. The projected costs of benefits for the current biennium and ensuing 2 biennia; and
[2005, c. 12, Pt. BBB, §5 (new).]
B. The economic factors and underlying assumptions that contribute to the projected costs.
[2005, c. 12, Pt. BBB, §5 (new).]
[2005, c. 12, Pt. BBB, §5 (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