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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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