Maine § 36 §2016 Pine Tree Development Zone businesses; reimbursement of certain taxes

Maine Statutes

§ 36 §2016 — Pine Tree Development Zone businesses; reimbursement of certain taxes

Maine·Title 36 TAXATION·Part 3 SALES AND USE TAX·Ch. 221 OVERPAYMENTS, REFUNDS

1.Terms defined. As used in this section, the terms "qualified Pine Tree Development Zone business" and "qualified business activity" have the meanings given to them in Title 30‑A, section 5250‑I. For the purposes of this section, "primarily" means more than 50% of the time during the period that begins on the date on which the property is first placed in service by the purchaser and ends 2 years from that date or at the time the property is sold, destroyed or otherwise permanently removed from service by the purchaser, whichever occurs first.

2.Reimbursement allowed. A reimbursement is allowed as provided in this section for a tax paid pursuant to this Part with respect to:

3.Claim for reimbursement. Claims under this section for reimbursement of taxes are controlled by this subsection

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1.
Terms defined.
As used in this section, the terms "qualified Pine Tree Development Zone business" and "qualified business activity" have the meanings given to them in Title 30‑A, section 5250‑I. For the purposes of this section, "primarily" means more than 50% of the time during the period that begins on the date on which the property is first placed in service by the purchaser and ends 2 years from that date or at the time the property is sold, destroyed or otherwise permanently removed from service by the purchaser, whichever occurs first.
2.
Reimbursement allowed.
A reimbursement is allowed as provided in this section for a tax paid pursuant to this Part with respect to:
3.
Claim for reimbursement.
Claims under this section for reimbursement of taxes are controlled by this subsection.
4.
Limitations.
The following are the limitations on reimbursements made pursuant to this section.
5.
Audit.
The assessor has the authority to audit any claim filed under this section. If the assessor determines that the amount of the claimed reimbursement is incorrect, the assessor shall redetermine the claim and notify the claimant in writing of the redetermination. If the claimant has received reimbursement of an amount that the assessor concludes should not have been reimbursed, the 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.
6.
Payment of claims.
The State Tax Assessor shall determine the benefit for each claimant under this section. The assessor shall pay the certified amounts to each approved applicant qualifying for the benefit under this section within 30 days after receipt of a properly completed claim. Interest is not allowed on any payment made to a claimant pursuant to this section.

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Legislative History

PL 2005, c. 351, §9 (NEW). PL 2005, c. 351, §26 (AFF). PL 2009, c. 461, §25 (AMD). PL 2009, c. 627, §7 (AMD). PL 2009, c. 627, §12 (AFF). PL 2011, c. 655, Pt. L, §3 (AMD). PL 2017, c. 440, §§8-10 (AMD). PL 2017, c. 440, §16 (AFF). PL 2021, c. 398, Pt. IIII, §4 (AMD). PL 2023, c. 412, Pt. J, §9 (AMD).