LD 162
pg. 1
LD 162 Title Page An Act to Make Minor Substantive Changes in the Tax Laws Page 2 of 7
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LR 1062
Item 1

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

 
PART A

 
Sec. A-1. 36 MRSA §144, sub-§1, as enacted by PL 1995, c. 281, §5, is
amended to read:

 
1. Generally. A taxpayer may request a credit or refund of
any tax imposed by this Title within 3 years from the time the
return was filed, whether or not the return was timely filed, or
2 3 years from the time the tax was paid, whichever period
expires later. Every claim for refund must be submitted to the
State Tax Assessor in writing and state the specific grounds upon
which it is founded. The taxpayer may in writing request an
informal conference regarding the claim for refund, in which case
the claim for refund is considered a request for reconsideration
of an assessment under section 151.

 
Sec. A-2. 36 MRSA §187-B, sub-§1, as amended by PL 1995, c. 657, §7
and affected by §10, is further amended to read:

 
1. Failure to file return. Any person who fails to make and
file any return required under this Title at or before the time
the return becomes due is liable for one of the following
penalties if the person's tax liability shown on such return or
otherwise determined to be due is greater than $25.

 
A. If the return is filed before or within 30 days after
the taxpayer receives from the State Tax Assessor assessor a
formal demand that the return be filed, or if the return is
not filed but the tax due is assessed by the assessor before
the taxpayer receives from the assessor a formal demand that
the return be filed, the penalty is $25 or 10% of the tax
due, whichever is greater.

 
B. If the return is not filed later than within 30 days
after the taxpayer receives from the State Tax Assessor
assessor a formal demand that the return be filed, the
penalty is 100% of the tax due.

 
C. If the return is not filed and the State Tax Assessor
assessor issues a jeopardy assessment pursuant to section
141, subsection 2, paragraph D, the penalty is 100% of the
tax due.

 
Sec. A-3. 36 MRSA §187-B, sub-§2, ķA, as amended by PL 1995, c. 281,
§8, is further amended to read:

 
A. Any person who fails to pay, on or before the due date, any
amount shown as tax on any return required under this


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