Maine Revised Statutes Title 36 Sec. 5218 – Income tax credit for child care expenses
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1. Resident taxpayer. A resident individual is allowed a credit against the tax otherwise due under this Part in the amount of 25% of the federal tax credit allowable for child and dependent care expenses in the same tax year, except that for tax years beginning in 2003, 2004 and 2005, the applicable percentage is 21.5% instead of 25%.
[PL 2005, c. 519, Pt. DD, §1 (AMD).]
Terms Used In Maine Revised Statutes Title 36 Sec. 5218
- Dependent: A person dependent for support upon another.
- Maine adjusted gross income: means , for a resident individual, the federal adjusted gross income of that individual, as modified by section 5122. See Maine Revised Statutes Title 36 Sec. 5102
- Nonresident individual: shall mean an individual who is not a resident individual. See Maine Revised Statutes Title 36 Sec. 5102
- 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. Nonresident taxpayer. A nonresident individual is allowed a credit against the tax otherwise due under this Part in the amount of 25% of the federal tax credit allowable for child and dependent care expenses multiplied by the ratio of the individual’s Maine adjusted gross income, as defined in section 5102, subsection 1?C, paragraph B, to the individual’s entire federal adjusted gross income, as modified by section 5122, except that for tax years beginning in 2003, 2004 and 2005, the applicable percentage is 21.5% instead of 25%.
[PL 2005, c. 519, Pt. DD, §2 (AMD).]
2-A. Part-year resident taxpayer. An individual who files a return as a part-year resident in accordance with section 5224?A is allowed a credit against the tax otherwise due under this Part in the amount of 25%, except that for tax years beginning in 2003, 2004 and 2005 the applicable percentage is 21.5%, instead of 25%, of the federal tax credit allowable for child and dependent care expenses multiplied by a ratio, the numerator of which is the individual’s Maine adjusted gross income as defined in section 5102, subsection 1?C, paragraph A for that portion of the taxable year during which the individual was a resident plus the individual’s Maine adjusted gross income as defined in section 5102, subsection 1?C, paragraph B for that portion of the taxable year during which the individual was a nonresident and the denominator of which is the individual’s entire federal adjusted gross income, as modified by section 5122.
[PL 2005, c. 519, Pt. DD, §3 (AMD).]
3. Quality child care services. The credit provided by subsections 1, 2 and 2?A doubles in amount if the child care expenses were incurred through the use of quality child care services as defined in section 5219?Q, subsection 1.
[PL 2003, c. 391, §10 (AMD).]
4. Refund. The credit allowed by this section may result in a refund of up to $500 except, in the case of a nonresident individual, the credit may not reduce the Maine income tax to less than zero. In the case of an individual who files a return as a part-year resident in accordance with section 5224?A, the refundable portion of the credit may not exceed $500 multiplied by a ratio, the numerator of which is the individual’s Maine adjusted gross income as defined in section 5102, subsection 1?C, paragraph A for that portion of the taxable year during which the individual was a resident plus the individual’s Maine adjusted gross income as defined in section 5102, subsection 1?C, paragraph B for that portion of the taxable year during which the individual was a nonresident and the denominator of which is the individual’s entire federal adjusted gross income, as modified by section 5122.
[PL 2015, c. 267, Pt. DD, §24 (AMD); PL 2015, c. 267, Pt. DD, §34 (AFF).]
SECTION HISTORY
PL 1987, c. 504, §32 (NEW). PL 1987, c. 772, §40 (AMD). PL 1999, c. 401, §NNN5 (AMD). PL 1999, c. 401, §§NNN8,9 (AFF). PL 1999, c. 521, §B6 (RPR). PL 1999, c. 521, §B11 (AFF). PL 2001, c. 358, §D1 (AFF). PL 2001, c. 396, §38 (RPR). PL 2003, c. 20, §FF1 (AMD). PL 2003, c. 391, §10 (AMD). PL 2005, c. 12, §§L2-4 (AMD). PL 2005, c. 519, §§DD1-3 (AMD). PL 2015, c. 267, Pt. DD, §24 (AMD). PL 2015, c. 267, Pt. DD, §34 (AFF).