Terms Used In Maine Revised Statutes > Title 36 > Part 8 > Chapter 815 > Subchapter 2 - Partnership Audits

• Account-based bulk processing program: means a beverage container recycling program implemented by a redemption center or pick-up agent that meets the requirements of rules adopted by the department, is approved by the department, consolidates beverage containers subject to the requirements of this chapter through bulk sorting, collects data regarding each container sorted, provides electronic data reports specifying the number of containers sorted by universal product code along with information regarding the container brand, redemption location and container material type to support an accounting of deposits, fees and material weight and prepares the sorted containers for sale to recyclers. See Maine Revised Statutes Title 38 Sec. 3102
• Administrative adjustment request: means an administrative adjustment request filed by a partnership pursuant to the Code, Section 6227. See Maine Revised Statutes Title 36 Sec. 5195
• Agent: includes an original agent, coagent, successor agent and a person to whom an agent's authority is delegated. See Maine Revised Statutes Title 18-C Sec. 5-902
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
• Audited partnership: means a partnership subject to a partnership-level audit resulting in a federal adjustment. See Maine Revised Statutes Title 36 Sec. 5195
• Beverage: means beer, ale or other drink produced by fermenting malt, spirits, wine, hard cider, wine coolers, soda or noncarbonated water and all nonalcoholic carbonated or noncarbonated drinks in liquid form and intended for internal human consumption, except for unflavored rice milk, unflavored soymilk, milk and dairy-derived products. See Maine Revised Statutes Title 38 Sec. 3102
• Beverage container: means a bottle, can, jar or other container made of glass, metal or plastic that has been sealed by a manufacturer and at the time of sale contains 4 liters or less of a beverage. See Maine Revised Statutes Title 38 Sec. 3102
• 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
• Commingling agreement: means an agreement between 2 or more initiators of deposit allowing the beverage containers for which they have initiated deposits to be commingled by dealers and redemption centers, as described in section 3107. See Maine Revised Statutes Title 38 Sec. 3102
• Commingling group: includes the State, through the Department of Administrative and Financial Services, Bureau of Alcoholic Beverages and Lottery Operations, which, pursuant to section 3107, is deemed to be managing returned containers for which the State has initiated deposits in a commingling program pursuant to a qualified commingling agreement, but does not include the commingling cooperative. See Maine Revised Statutes Title 38 Sec. 3102
• Composite return: means a Maine income tax return filed by a partnership or pass-through entity on behalf of some or all of its partners, beneficiaries or shareholders under rules adopted by the assessor. See Maine Revised Statutes Title 36 Sec. 5195
• Consumer: means an individual who purchases a beverage in a beverage container for use or consumption. See Maine Revised Statutes Title 38 Sec. 3102
• Contract: A legal written agreement that becomes binding when signed.
• cooperative: means the entity established pursuant to section 3107, subsection 3?B to manage the collection of all beverage containers subject to the requirements of this chapter under a single commingling program. See Maine Revised Statutes Title 38 Sec. 3102
• Corporate partner: means a partner that is subject to tax pursuant to chapter 817. See Maine Revised Statutes Title 36 Sec. 5195
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Dealer: means a person who sells, offers to sell or engages in the sale of beverages in beverage containers to a consumer, including, but not limited to, an operator of a vending machine containing beverages in beverage containers. See Maine Revised Statutes Title 38 Sec. 3102
• Department: means the Department of Environmental Protection. See Maine Revised Statutes Title 38 Sec. 3102
• Direct partner: means a partner that holds an interest directly in a partnership or pass-through entity. See Maine Revised Statutes Title 36 Sec. 5195
• Distributor: means a person who engages in the sale of beverages in beverage containers to a dealer in this State and includes a manufacturer who engages in such sales. See Maine Revised Statutes Title 38 Sec. 3102
• Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic or similar capabilities. See Maine Revised Statutes Title 18-C Sec. 5-902
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Exempt partner: means a partner that is subject to the tax imposed by chapter 819 or exempt from the taxes imposed by chapters 803, 809 and 817, except to the extent of unrelated business taxable income. See Maine Revised Statutes Title 36 Sec. 5195
• Federal adjustment: means an adjustment to an item or amount determined under the Code that affects the computation of a taxpayer's Maine tax liability resulting from a partnership-level audit or other action by the IRS or an amended federal return, refund claim or administrative adjustment request filed by a taxpayer. See Maine Revised Statutes Title 36 Sec. 5195
• Federal adjustments report: means a method or form required by the assessor for use by a taxpayer to report final federal adjustments, including an amended tax return and an information return. See Maine Revised Statutes Title 36 Sec. 5195
• Federal partnership representative: means the person designated by a partnership or appointed by the IRS to act on behalf of a partnership pursuant to the Code, Section 6223(a) for the reviewed year. See Maine Revised Statutes Title 36 Sec. 5195
• Fiduciary: A trustee, executor, or administrator.
• Final federal adjustment: means a federal adjustment for which the final determination date has passed. See Maine Revised Statutes Title 36 Sec. 5195
• Fraud: Intentional deception resulting in injury to another.
• Good faith: means honesty in fact. See Maine Revised Statutes Title 18-C Sec. 5-902
• in the State: means within the exterior limits of the State and includes all territory within these limits owned by or ceded to the United States of America. See Maine Revised Statutes Title 38 Sec. 3102
• in writing: include printing and other modes of making legible words. See Maine Revised Statutes Title 1 Sec. 72
• Incapacity: means inability of an individual to effectively manage property or business affairs because the individual: