LD 2524
pg. 3
Page 2 of 20 An Act Concerning Technical Changes to the Tax Laws Page 4 of 20
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LR 3376
Item 1

 
requires, the assessor may, with the approval of the Governor or
the Governor's designee, abate, within 3 years from the date of
assessment or whenever a written request has been submitted by a
taxpayer within 3 years of the date of assessment, all or any part
of any tax assessed by the assessor.__The decision of the assessor
pursuant to this section not to abate all or any part of any tax
assessed under this Title is not subject to review under section
151.

 
Sec. 4. 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 or 2 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 and the tax period for
which the refund is claimed. 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. 5. 36 MRSA §177, sub-§1, as amended by PL 1995, c. 639, §4, is
further amended to read:

 
1. Generally. All sales and use taxes collected by a person
pursuant to Part 3, all taxes collected by a person under color
of Part 3 that have not been properly returned or credited to the
persons from whom they were collected, all taxes collected by or
imposed on a person pursuant to chapter 451 or 459, all fees
collected pursuant to chapter 719 and all taxes collected by a
person pursuant to chapter 827 constitute a special fund in trust
for the State Tax Assessor. The liability for the taxes or fees
and the interest or penalty on taxes or fees is enforceable by
assessment and collection, in the manner prescribed in this Part,
against the person and against any officer, director, member,
agent or employee of that person who, in that capacity, is
responsible for the control or management of the funds or
finances of that person or is responsible for the payment of that
person's taxes. An assessment against a responsible individual
pursuant to this section must be made within 6 years from the
time the underlying assessment becomes final.__An individual
against whom an assessment has been made pursuant to this section
may not challenge the underlying tax assessment pursuant to
section 151.

 
Sec. 6. 36 MRSA §187-B, sub-§2, ķA, as amended by PL 1999, c. 521, Pt.
A, §3, is further amended to read:


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