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royalties and other income of a financial institution subject | to the tax imposed by section 5206, to the extent that those | items are passed through to the taxpayer for federal income | tax purposes, including, if the financial institution is an S | corporation, the taxpayer's pro rata share and, if the | financial institution is a partnership or limited liability | company, the taxpayer's distributive share. A subtraction may | not be made under this paragraph for: |
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| (1) Income of the taxpayer earned on interest-bearing | or similar accounts of the taxpayer at a financial | institution as a customer of that financial | institution; |
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| (2) Any dividends or other distributions with respect | to a taxpayer's ownership interest in a financial | institution; and |
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| (3) Any gain recognized on the disposition by the | taxpayer of an ownership interest in a financial | institution; and |
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| | Sec. 32. 36 MRSA §5200-A, sub-§2, ¶J, as enacted by PL 1999, c. 521, | Pt. B, §5 and affected by §11, is amended to read: |
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| J. An amount equal to an income tax refund to the taxpayer | by this State or another state of the United States that is | included in that taxpayer's federal taxable income for the | taxable year under the Code, but only to the extent that: |
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| (1) Maine net income is not reduced below zero; and |
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| (2) The amount to be refunded from this State or | another state of the United States has not been | previously used as a modification pursuant to this | subsection. |
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| If this modification amount results in Maine net income that | is less than zero for the taxable year, the negative | modification amount may be carried back or forward in the | same manner as a net operating loss deduction carry-back or | carry-forward to a taxable year that is within the allowable | federal period for a carry-back or carry-forward, subject to | the above limitations. ; and |
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| | Sec. 33. 36 MRSA §5200-A, sub-§2, ¶K is enacted to read: |
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| K.__Interest or dividends on obligations or securities of | this State and its political subdivisions and authorities to | the extent included in federal taxable income. |
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