LD 1606
pg. 1
LD 1606 Title Page An Act to Make Manufacturing Real Estate Eligible for Business Equipment Proper... Page 2 of 2
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LR 2488
Item 1

 
Be it enacted by the People of the State of Maine as follows:

 
Sec. 1. 36 MRSA §6651, sub-§2-A is enacted to read:

 
2-A.__Manufacturing facility.__"Manufacturing facility" has
the same meaning as under section 1752, subsection 6-A.

 
Sec. 2. 36 MRSA §6651, sub-§3, as enacted by PL 1995, c. 368, Pt. FFF,
§2, is repealed and the following enacted in its place:

 
3.__Qualified business property.__"Qualified business
property" means:

 
A.__Tangible personal property that:

 
(1)__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

 
(2)__Either:

 
(a)__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

 
(b)__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.

 
"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.__Except as
provided in subparagraph (2), "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.__
Except as provided in subparagraph (2), "qualified business
property" also does not include land improvements if used
primarily to further the use of the land as land, regardless of
the


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