Maine Revised Statutes Title 36 Sec. 209 – Adjustment for audits; determination of the State Tax Assessor
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1. Audits. If the State Tax Assessor determines that value was improperly excluded from any of the 3 most recently certified state valuations, the State Tax Assessor shall recalculate the equalized just value of that municipality to reflect the requirements of section 305.
A municipality that is aggrieved by a determination of the State Tax Assessor under this section may appeal pursuant to section 272?A.
[PL 2019, c. 401, Pt. A, §3 (NEW).]
Terms Used In Maine Revised Statutes Title 36 Sec. 209
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- in writing: include printing and other modes of making legible words. See Maine Revised Statutes Title 1 Sec. 72
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Municipality: includes cities, towns and plantations, except that "municipality" does not include plantations in Title 10, chapter 110, subchapter IV; or Title 30?A, Part 2. See Maine Revised Statutes Title 1 Sec. 72
- 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
- Year: means a calendar year, unless otherwise expressed. See Maine Revised Statutes Title 1 Sec. 72
2. Notifications. If an adjustment is made to a municipality’s equalized municipal valuation pursuant to this section, the State Tax Assessor, in writing, shall make the following notifications:
A. To the municipality, a decision, which must include the findings of fact upon which the decision is based. This written decision constitutes final agency action; [PL 2019, c. 401, Pt. A, §3 (NEW).]
B. To the joint standing committee of the Legislature having jurisdiction over taxation matters, a copy of the decision from paragraph A; and [PL 2019, c. 401, Pt. A, §3 (NEW).]
C. To the Commissioner of Education prior to December 1st, and to the Treasurer of State, any adjustment to state valuation determined under this section and the time period to which the adjustment applies. [PL 2019, c. 401, Pt. A, §3 (NEW).]
[PL 2019, c. 401, Pt. A, §3 (NEW).]
3. Effect of modified state valuation. The following provisions apply to an adjustment to state valuation under this section.
A. The Commissioner of Education shall use the adjusted state valuation amount instead of the valuation certified under section 305 in calculating education funding obligations under Title 20?A, chapter 606?B for the following fiscal year. [PL 2019, c. 401, Pt. A, §3 (NEW).]
B. The Treasurer of State shall use the adjusted state valuation amount instead of the valuation certified under section 305 in calculating distributions of state-municipal revenue sharing under Title 30?A, section 5681 for the following fiscal year. [PL 2019, c. 401, Pt. A, §3 (NEW).]
[PL 2019, c. 401, Pt. A, §3 (NEW).]
SECTION HISTORY
PL 2019, c. 401, Pt. A, §3 (NEW).