An Act To Conform the Maine Tax Laws for 2009 to the United States Internal Revenue Code

Emergency preamble. Whereas,  acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and

Whereas,  state tax law needs to be updated to conform to federal law before the 90-day period expires to avoid delay in the processing of 2009 income tax returns; and

Whereas,  legislative action is immediately necessary to ensure continued and efficient administration of the state income tax and certain other state taxes; and

Whereas,  in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,

Sec. 1. 36 MRSA §111, sub-§1-A,  as amended by PL 2009, c. 213, Pt. BBBB, §1 and affected by §17, is further amended to read:

Sec. 2. Application. This Act applies to tax years beginning on or after January 1, 2009 and to any prior tax years as specifically provided by the United States Internal Revenue Code of 1986.

Emergency clause. In view of the emergency cited in the preamble, this legislation takes effect when approved.

summary

This bill updates references to the United States Internal Revenue Code of 1986 contained in the Maine Revised Statutes, Title 36 to refer to the United States Internal Revenue Code of 1986 as amended through December 31, 2009, for tax years beginning on or after January 1, 2009 and for any prior tax years as specifically provided by the United States Internal Revenue Code of 1986. The bill primarily affects the State's income tax and estate tax laws.