Maine Revised Statutes Title 36 Sec. 5213-A – Sales tax fairness credit
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For tax years beginning on or after January 1, 2016, individuals are allowed a credit as computed under this section against the taxes imposed under this Part. [PL 2015, c. 267, Pt. DD, §19 (NEW).]
1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
A. For tax years beginning before January 1, 2018, “base credit” means:
(1) For an individual income tax return claiming one personal exemption, $100 for tax years beginning in 2016 and $125 for tax years beginning on or after January 1, 2017;
(2) For an individual income tax return claiming 2 personal exemptions, $140 for tax years beginning in 2016 and $175 for tax years beginning on or after January 1, 2017;
(3) For an individual income tax return claiming 3 personal exemptions, $160 for tax years beginning in 2016 and $200 for tax years beginning on or after January 1, 2017; and
(4) For an individual income tax return claiming 4 or more personal exemptions, $180 for tax years beginning in 2016 and $225 for tax years beginning on or after January 1, 2017.
For the purposes of this paragraph, personal exemption does not include a personal exemption for an individual who is incarcerated. [PL 2017, c. 474, Pt. B, §8 (AMD).]
A-1. For tax years beginning on or after January 1, 2018, “base credit” means:
(1) For single individuals, $125;
(2) For individuals filing joint returns or as heads of households, $175 plus an additional amount equal to:
(a) For individuals filing joint returns, $25 if they can claim the federal child tax credit pursuant to the Code, Section 24 for no more than one qualifying child or dependent or $50 if they can claim the credit for more than one qualifying child or dependent; or
(b) For individuals filing as heads of households, $25 if they can claim the federal child tax credit pursuant to the Code, Section 24 for 2 qualifying children or dependents or $50 if they can claim the credit for more than 2 qualifying children or dependents. [PL 2017, c. 474, Pt. B, §9 (NEW).]
B. “Income” means federal adjusted gross income increased by the following amounts:
(1) Trade or business losses; capital losses; any net loss resulting from combining the income or loss from rental real estate and royalties, the income or loss from partnerships and S corporations, the income or loss from estates and trusts, the income or loss from real estate mortgage investment conduits and the net farm rental income or loss; any loss associated with the sale of business property; and farm losses included in federal adjusted gross income;
(2) Interest received to the extent not included in federal adjusted gross income;
(3) Payments received under the federal Social Security Act and railroad retirement benefits to the extent not included in federal adjusted gross income; and
(4) The following amounts deducted in arriving at federal adjusted gross income:
(a) Educator expenses pursuant to the Code, Section 62(a)(2)(D);
(b) Certain business expenses of performing artists pursuant to the Code, Section 62(a)(2)(B);
(c) Certain business expenses of government officials pursuant to the Code, Section 62(a)(2)(C);
(d) Certain business expenses of reservists pursuant to the Code, Section 62(a)(2)(E);
(e) Health savings account deductions pursuant to the Code, Section 62(a)(16) and Section 62(a)(19);
(f) Moving expenses pursuant to the Code, Section 62(a)(15);
(g) The deductible part of self-employment tax pursuant to the Code, Section 164(f);
(h) The deduction for self-employed SEP, SIMPLE and qualified plans pursuant to the Code, Section 62(a)(6);
(i) The self-employed health insurance deduction pursuant to the Code, Section 162(l);
(j) The penalty for early withdrawal of savings pursuant to the Code, Section 62(a)(9);
(k) Alimony paid pursuant to the Code, Section 62(a)(10);
(l) The IRA deduction pursuant to the Code, Section 62(a)(7);
(m) The student loan interest deduction pursuant to the Code, Section 62(a)(17); and
(n) The tuition and fees deduction pursuant to the Code, Section 62(a)(18). [PL 2017, c. 474, Pt. B, §10 (AMD).]
[PL 2017, c. 474, Pt. B, §§8-10 (AMD).]
Terms Used In Maine Revised Statutes Title 36 Sec. 5213-A
- Code: means the United States Internal Revenue Code of 1986 and amendments to that Code as of December 31, 2022. See Maine Revised Statutes Title 36 Sec. 111
- Dependent: A person dependent for support upon another.
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- Real estate: includes lands and all tenements and hereditaments connected therewith, and all rights thereto and interests therein. See Maine Revised Statutes Title 1 Sec. 72
- Resident individual: means an individual:
A. See Maine Revised Statutes Title 36 Sec. 5102Return: means any document, digital file or electronic data transmission containing information required by this Title to be reported to the State Tax Assessor. See Maine Revised Statutes Title 36 Sec. 111 Tax: means the total amount required to be paid, withheld and paid over or collected and paid over with respect to estimated or actual tax liability under this Title, any credit or reimbursement allowed or paid pursuant to this Title that is recoverable by the assessor and any amount assessed by the assessor pursuant to this Title, including any interest or penalties provided by law. See Maine Revised Statutes Title 36 Sec. 111 Taxpayer: means any person required to file a return under this Title or to pay, withhold and pay over or collect and pay over any tax imposed by this Title. See Maine Revised Statutes Title 36 Sec. 111 Year: means a calendar year, unless otherwise expressed. See Maine Revised Statutes Title 1 Sec. 72
2. Credit for resident taxpayer. A resident individual is allowed a credit equal to the applicable base credit amount, subject to the phase-out provisions under subsection 4.
[PL 2015, c. 267, Pt. DD, §19 (NEW).]
3. Credit for part-year resident taxpayer. A taxpayer who files a return as a part-year resident in accordance with section 5224?A is allowed a credit equal to the applicable base credit amount, subject to the phase-out provisions under subsection 4, multiplied by a ratio, the numerator of which is the individual’s income as modified by section 5122 for that portion of the taxable year during which the individual was a resident plus the individual’s income from sources within this State, as determined under section 5142, for that portion of the taxable year during which the individual was a nonresident and the denominator of which is the individual’s entire income, as modified by section 5122.
[PL 2015, c. 267, Pt. DD, §19 (NEW).]
4. Phase-out of credit. The credit allowed under this section is phased out as follows.
A. For single individuals, the credit is reduced by $10 for every $500 or portion thereof that exceeds $20,000 of the income. [PL 2015, c. 267, Pt. DD, §19 (NEW).]
B. For unmarried individuals or legally separated individuals who qualify as heads of households, the credit is reduced by $15 for every $750 or portion thereof that exceeds $30,000 of the income. [PL 2015, c. 267, Pt. DD, §19 (NEW).]
C. For individuals filing married joint returns or surviving spouses permitted to file joint returns, the credit is reduced by $20 for every $1,000 or portion thereof that exceeds $40,000 of the income. [PL 2015, c. 267, Pt. DD, §19 (NEW).]
[PL 2015, c. 267, Pt. DD, §19 (NEW).]
5. Refundability of credit. The tax credit allowed under this section is refundable.
[PL 2015, c. 267, Pt. DD, §19 (NEW).]
6. Limitations. The following individuals do not qualify for the credit under this section:
A. Married taxpayers filing separate returns; [PL 2017, c. 474, Pt. B, §11 (AMD).]
B. Individuals who do not qualify as resident individuals because they do not meet the requirements of section 5102, subsection 5, paragraph A; or [PL 2017, c. 474, Pt. B, §11 (AMD).]
C. Individuals who may be claimed as a dependent on another taxpayer’s return. [PL 2017, c. 474, Pt. B, §11 (NEW).]
[PL 2017, c. 474, Pt. B, §11 (AMD).]
SECTION HISTORY
RR 2015, c. 1, §42 (COR). PL 2015, c. 267, Pt. DD, §19 (NEW). PL 2015, c. 328, §4 (AMD). PL 2017, c. 474, Pt. B, §§8-11 (AMD).