§ 36 §1504 — Excise tax

1.
Payment schedule.
The owner of a watercraft located in this State that is not exempt under subsection 4 shall pay an annual excise tax within 10 days of the first operation of the watercraft upon the waters of this State, or prior to obtaining a certificate of number pursuant to Title 12, section 13056, or prior to July 1st, whichever event first occurs, based on the following schedules.
2.
Reduction in tax.
The amount of excise tax payable shall be reduced as follows.
3.
Payment of tax.
The excise tax shall be paid as follows.
4.
Exemptions.
The following shall be exempt from the tax imposed by this section:
5.
Credits.
Any owner who has paid the excise tax for a watercraft which is subsequently totally lost by fire, theft or accident in the same year, shall be entitled to a pro rata credit for the tax previously paid in that period for any one watercraft toward the tax for any number of watercraft.
5-A.
Credit for transfer.
An owner who has paid the excise tax for a watercraft that is transferred in the same tax year is entitled to a credit to the maximum amount of the tax previously paid in that year for any number of watercraft, regardless of the number of transfers that may be required of the owner in the same tax year. The credit must be allowed in any place in which the excise tax is payable.
6.
Watercraft not required to register.
6-A.
Improper levy of tax.
If a municipality or watercraft owner believes the excise tax has been improperly levied under the authority of this section, the municipality or watercraft owner may request a determination of this question by the State Tax Assessor. The State Tax Assessor's determination is binding on all parties. Any party may seek review of the determination in accordance with the Maine Rules of Civil Procedure, Rule 80B.
7.
Evidence of tax payment.
Each watercraft, required to pay the excise tax established by this chapter but not required to be registered under Title 12, section 13056, must display a current excise tax decal as directed by the commissioner. A current excise tax decal must be issued by the municipal tax collector or tribal clerk upon the payment of all excise taxes due under this chapter. The commissioner shall make excise tax decals available at cost to municipalities and Indian reservations. For watercraft required to be registered under Title 12, section 13056, the registration sticker is considered evidence of tax payment.
7-A.
Interest on delinquent taxes.
Any tax assessed under this chapter which is not paid when due shall accrue interest at the rate set for municipal property taxes for the year during which the excise tax is due.
8.
Lien.
If the tax imposed by this chapter is not paid when due, the tax collector may file in the office of the registry of deeds of the county where the owner of the watercraft resides or in the case of a nonresident owner or partnership or corporation, either domestic or foreign, where the watercraft is principally moored, docked or located or has its established base of operations, or in the office in which a security or financial statement or notice with respect to personal property would be filed, a notice of lien specifying the amount of the tax, addition to tax, penalty and interest due, the name and last known address of the taxpayer liable for the amount and the fact that the tax collector has complied with this chapter in the assessment of the tax. From the time of the filing, the amount set forth in the certificate constitutes a lien upon all property of the taxpayer in the county then owned by the taxpayer or thereafter acquired by the taxpayer in the period before the expiration of the lien. In the case of any prior mortgage on any real or personal property so written as to secure a present debt and also future advances by the mortgagee to the mortgagor, the lien, as provided in this subsection, when notice of the lien has been filed in the proper office, is subject to the prior mortgage, unless the assessor also notifies the mortgagee of the recording of the lien in writing, in which case any indebtedness thereafter created from the mortgagor to the mortgagee is junior to the lien provided in this subsection. The lien provided in this subsection has the same force, effect and priority as a judgment lien and continues for 5 years from the date of recording, unless sooner released or otherwise discharged. The lien may, within the 5-year period or within 5 years from the date of the last extension of the lien in the manner provided in this section, be extended by filing for record in the appropriate office a copy of the notice and from the time of that filing the lien is extended for 5 years, unless sooner released or otherwise discharged.
9.
Enforcement.
General enforcement provisions are as follows.
10.
Reimbursement.

Legislative History

PL 1983, c. 92, §B9 (NEW). PL 1983, c. 572, §§9-12 (AMD). PL 1983, c. 632, §§A7-11,16, B6,7 (AMD). PL 1983, c. 862, §84 (AMD). PL 1983, c. 866, §A1 (AMD). PL 1985, c. 560, §2 (AMD). PL 1985, c. 726, §§4-8 (AMD). PL 1987, c. 196, §§6-9 (AMD). PL 1997, c. 324, §6 (AMD). PL 1997, c. 324, §7 (AFF). PL 1997, c. 668, §21 (AMD). PL 1999, c. 304, §1 (AMD). PL 2003, c. 414, §§B56-59 (AMD). PL 2003, c. 414, §D7 (AFF). PL 2003, c. 614, §9 (AFF). PL 2011, c. 240, §15 (AMD). PL 2017, c. 211, Pt. A, §13 (AMD). PL 2025, c. 113, Pt. D, §§77, 78 (AMD).