Maine Revised Statutes Title 36 Sec. 2909 – Refund of entire tax paid by certain common carriers
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Terms Used In Maine Revised Statutes Title 36 Sec. 2909
- Internal combustion engine fuel: includes any motor fuel that is used or sold for use in the propulsion of aircraft. See Maine Revised Statutes Title 36 Sec. 2902
- Month: means a calendar month. See Maine Revised Statutes Title 1 Sec. 72
- Person: means an individual, firm, partnership, association, society, club, corporation, financial institution, estate, trust, business trust, receiver, assignee or any other group or combination acting as a unit, the State or Federal Government or any political subdivision or agency of either government. 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
A person engaged in furnishing common carrier passenger service is entitled to reimbursement of the tax paid on internal combustion engine fuel used by that person in locally encouraged vehicles. For purposes of calculating reimbursement due pursuant to this section, internal combustion engine fuel used in a person’s locally encouraged vehicles is presumed to bear the same proportional relationship to internal combustion engine fuel used in all of the person’s passenger vehicles that the person’s commutation fare revenue derived from service provided by locally encouraged vehicles bears to the person’s total passenger fare revenue. “Commutation fare revenue” means revenue attributable to fares of 60¢ or less and fares paid for commutation or season tickets for single trips of less than 30 miles or for commutation tickets for one month or less. “Total passenger fare revenue” means all revenue attributable to the claimant’s passenger operations. “Locally encouraged vehicles” means buses upon which no excise tax is collected under section 1483, subsection 13. [PL 2009, c. 598, §47 (AMD).]
Applications for refunds must be filed with the State Tax Assessor, on a form prescribed by the assessor, within 12 months from the date of purchase. A refund may not be issued under this section unless the claimant’s commutation fare revenue derived during the period for which the refund is claimed is at least 60% of the claimant’s total passenger fare revenue derived during that period. [PL 2007, c. 438, §71 (AMD).]
SECTION HISTORY
PL 1965, c. 479, §1 (AMD). PL 2003, c. 390, §14 (RPR). PL 2005, c. 332, §17 (AMD). PL 2007, c. 438, §71 (AMD). PL 2009, c. 598, §47 (AMD).