| | | 1.__Credit allowed.__ Except as provided by subsection 2, a | | taxpayer that is a qualified Pine Tree Development Zone | | business as defined in Title 30-A, chapter 206, subchapter 3 | | is allowed a credit in the amount of: |
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| | | A.__One hundred percent of the tax that would otherwise be | | due under this Part for each of the first 5 taxable years | | that the taxpayer is required to file a return pursuant to | | this Part; and |
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| | | B.__Fifty percent of the tax that would otherwise be due | | under this Part for each of the taxable years beginning | | with the 6th year and ending with the 10th year that the | | taxpayer is required to file a return pursuant to this | | Part. |
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| | | 2.__Apportioned credit in certain circumstances.__In the | | case of a business, including an affiliated group, that has a | | business presence in the State other than that conducted | | within a Pine Tree Development Zone as defined by Title 30-A, | | section 5246, subsection 6, including, but not limited to, a | | taxpayer that is required to file a combined report pursuant | | to section 5206-G or 5244, the assessor shall make a pro forma | | determination of the state income tax liability of the | | qualified Pine Tree Development Zone business, based upon | | which the credit provided by this section is to be calculated.__ | | In making the pro forma determination, the assessor shall | | assume that all of the business activities conducted by the | | taxpayer within this State constitute a unitary business, but | | that only the qualified Pine Tree Development Zone business is | | subject to the tax imposed by this Part and the assessor shall | | apply the apportionment rules set forth in chapter 821 or in | | section 5206-E. |
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| | | 3.__Limitation.__The credit provided by this section is | | limited to an amount that would not reduce the taxpayer's | | liability under this Part, including the aggregate tax | | liability under this Part of affiliated members of a unitary | | group, to less than the liability under this Part in the | | taxable year prior to the commencement of the taxpayer's | | activity within a Pine Tree Development Zone as defined in | | Title 30-A, chapter 206, subchapter 3. |
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| | | Sec. 5. 36 MRSA §6754, sub-§1, ¶D is enacted to read: |
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| | | D.__For qualified employees employed by a qualified Pine Tree | | Development Zone business, as defined in Title 30-A, section | | 5246, subsection 10 and for whom a certificate of | | qualification has been issued in accordance with Title 30-A, | | section 5246, subsection 10, the reimbursement is equal to | | 100% of the withholding taxes withheld each year for which | | reimbursement is requested and attributed to those qualified |
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