LD 162
pg. 3
Page 2 of 7 An Act to Make Minor Substantive Changes in the Tax Laws Page 4 of 7
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LR 1062
Item 1

 
section 1760, subsection 80 apply to all taxable periods that are
open for purposes of administrative or judicial review.

 
PART B

 
Sec. B-1. 36 MRSA §5111, sub-§4, as enacted by PL 1989, c. 596, Pt. J,
§1, is amended to read:

 
4. Additional tax. Additionally, a tax is imposed for each
taxable year beginning on or after January 1, 1989, on the Maine
adjusted gross income of every nonresident individual. The
amount of the tax shall equal equals the tax computed under this
section and chapter 805, as if the nonresident were a resident,
less applicable tax credits other than that provided by section
5217-A, and multiplied by the ratio of the individual's Maine
adjusted gross income, as defined in section 5102, subsection 1-
C, paragraph B, to the nonresident's entire federal adjusted
gross income, as modified by section 5122.

 
Sec. B-2. 36 MRSA §5142, sub-§8 is enacted to read:

 
8.__Minimum taxability threshold.__Minimum taxability
thresholds for nonresidents are as follows.

 
A.__Compensation for personal services performed in Maine is
Maine-source income, subject to taxation under this Part, if
the nonresident taxpayer is present in Maine performing
personal services for more than 20 days during the taxable
year and directly earns or derives more than $6,000 in gross
income during the taxable year in Maine from all sources.

 
B.__A nonresident individual who is present for business in
Maine on other than a systematic or regular basis, either
directly or through agents or employees, has Maine-source
income derived from or effectively connected with a trade or
business in Maine and subject to taxation under this Part
only if the nonresident individual earns or derives more
than $6,000 of gross income during the taxable year from
contractual or sales-related activities.

 
Sec. B-3. 36 MRSA §5200-A, sub-§2, ¶H, as amended by PL 1997, c. 746,
§11 and affected by §24, is further amended to read:

 
H. For each taxable year subsequent to the year of the
loss, an amount equal to the absolute value of the net
operating loss arising from tax years beginning on or after
January 1, 1989 but before January 1, 1993 and that,
pursuant to the Code, Section 172, was carried back for
federal income tax purposes, but only to the extent that:


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