§ 36 §176-A — Levy upon property

Maine § 36 §176-A

• Jurisdiction: Maine
• Title 36: TAXATION
• Part 1: GENERAL PROVISIONS
• Ch. 7: UNIFORM ADMINISTRATIVE PROVISIONS

Text

1.
Definitions.
As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
2.
Levy upon property for payment of delinquent tax.
The procedure for the levy upon property for payment of delinquent tax is as follows.
3.
Surrender of property or discharge of obligation; exceptions; personal liability; penalty.
A surrender of property or discharge of obligation is governed by this subsection.
4.
Books or records relating to property subject to levy.
If a levy has been made or is about to be made on any property, any person having custody or control of any books or records containing evidence or statements relating to the property subject to levy shall, upon demand of the assessor, exhibit those books and records to the assessor. Failure to comply with such an order is a Class E crime.
5.
Exempt property.
This subsection governs property exempt from levy.
6.
Seizure of property; notice; sale.
Seizure, notice of seizure and sale of seized property are governed by this subsection.
7.
Disposition of hard to keep property; notice to owner; public sale.
If the assessor determines that any property seized is liable to perish or become greatly reduced in price or value by keeping, or that the property cannot be kept without great expense, the assessor shall appraise the value of the property and, if the owner of the property can be readily found, shall give the owner notice of determination of the appraised value of the property. The property must be returned to the owner if within such time as may be specified in the notice the owner either pays to the assessor an amount equal to the appraised value, or gives bond in such form with such sureties, and in such amount as the assessor prescribes, to pay the appraised amount at such time as the assessor determines to be appropriate in the circumstances.
8.
Junior encumbrances; priority of encumbrances.
Priority of encumbrances is governed by this subsection.
9.
Redemption of property.
A right of redemption exists according to this subsection.
10.
Certificates of sale; execution of deeds.
The assessor shall give the purchaser of property, sold as provided in subsection 6, a certificate of sale upon payment in full of the purchase price. In the case of real property, the certificate must set forth the real property purchased, for whose taxes the property was sold, the name of the purchaser and the price paid for the property.
11.
Effect of certificates of sale and deeds.
Certificates of sale and deeds have the following effects.
12.
Records of sales and redemption of real property.
The assessor shall keep records of all sales of property under subsections 6 and 7 and of all redemptions of that property. Each record must include the tax for which the sale was made, the dates of seizure and sale, the name of the party assessed and all proceedings in making the sale, the amount of expenses, the names of the purchasers and the date of the deed. A copy of a record, or any part of a record, certified by the assessor is evidence in any court of the truth of the facts stated in that record.
13.
Expenses of levy and sale.
The assessor shall determine the expenses to be allowed in all cases of levy and sale. The assessor may pay the expenses from the revenue account intended to benefit by the receipts of the levy.
14.
Disposition of money realized under this section.
Any money realized by proceedings under this section by seizure, surrender under subsection 3, except pursuant to subsection 3, paragraph C, subparagraph (2), or sale of seized property, or by sale of property redeemed by the State must be applied in the following order of priority:
15.
Actions permitted.
Any person, other than the taxpayer whose delinquency occasioned the levy:
16.
Time for collection of taxes.
Taxes imposed by this Title must be collected by levy within 10 years after the assessment of the tax becomes final or before the expiration of the period of collection agreed upon in writing by the assessor and the taxpayer. Other obligations owed to the State and authorized to be collected by the bureau must be collected by levy within 10 years from the time the obligation arises. The period agreed upon may be extended by subsequent agreements in writing made before the expiration of the period previously agreed upon. A levy action ordered by the assessor before the expiration of the 10-year period continues beyond the expiration of the 10-year period for a period of 6 months from the date the levy is first made or until the liability out of which the levy arose is satisfied or becomes unenforceable, whichever occurs first. The running of the 10-year period is stayed during the time that a consensual payment plan between the taxpayer and the assessor is in effect. When a taxpayer files for protection under the United States Bankruptcy Code, the assessor's right to collect the tax due by levy continues until 6 years after the date of discharge or dismissal of the bankruptcy proceeding or until 10 years after the assessment of the tax becomes final, whichever occurs later.

Legislative History

PL 1989, c. 880, §E3 (NEW). PL 1991, c. 846, §3 (AMD). PL 1995, c. 639, §3 (AMD). PL 1997, c. 526, §§11-13 (AMD). PL 1999, c. 699, §D27 (AMD). PL 1999, c. 699, §D30 (AFF). PL 2001, c. 396, §§6,7 (AMD). PL 2001, c. 583, §§5,6 (AMD). PL 2005, c. 218, §6 (AMD). PL 2009, c. 434, §§8-10 (AMD). PL 2011, c. 380, Pt. J, §§9-16 (AMD).