Maine Revised Statutes Title 36 Sec. 694 – Duty of assessor; reimbursement by State
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1. Examination and identification. The assessor shall examine each report pursuant to section 693 that is timely filed, determine whether the property identified in the report is entitled to an exemption under this subchapter and determine the just value of the property.
[PL 2013, c. 544, §3 (AMD); PL 2013, c. 544, §7 (AFF).]
Terms Used In Maine Revised Statutes Title 36 Sec. 694
- Bureau: means the Bureau of Revenue Services, which may be referred to as "Maine Revenue Services. See Maine Revised Statutes Title 36 Sec. 111
- Eligible business equipment: includes , without limitation, repair parts, replacement parts, replacement equipment, additions, accessions and accessories to other qualified property that first became subject to assessment under this Part before April 1, 2008 if the part, addition, equipment, accession or accessory would, in the absence of this subchapter, first be subject to assessment under this Part on or after April 1, 2008. See Maine Revised Statutes Title 36 Sec. 691
- Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
- Exempt business equipment: means eligible business equipment that is exempt under this subchapter. See Maine Revised Statutes Title 36 Sec. 691
- Municipal tax increment percentage: means , with respect to tax increment financing districts, the specified percentage of captured assessed value retained as provided in Title 30?A, section 5227 and allocated to the municipality for the municipality's own authorized project costs as provided in Title 30?A, section 5225. See Maine Revised Statutes Title 36 Sec. 691
- Municipality: shall include cities, towns and plantations. See Maine Revised Statutes Title 36 Sec. 501
- Personal property: All property that is not real property.
- Property: shall be construed to mean both real estate and personal property. See Maine Revised Statutes Title 36 Sec. 501
- 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
- TIF exempt business equipment: means exempt business equipment that is located within a tax increment financing district. See Maine Revised Statutes Title 36 Sec. 691
- used: means "intended to be used. See Maine Revised Statutes Title 36 Sec. 691
- Year: means a calendar year, unless otherwise expressed. See Maine Revised Statutes Title 1 Sec. 72
2. Entitlement to reimbursement by State; calculation. Reimbursement is calculated as follows.
A. Notwithstanding section 661, upon proof in a form satisfactory to the bureau, unless a municipality chooses reimbursement under paragraph B, a municipality that has accepted a valid exemption under this subchapter is entitled to recover from the State the applicable percentage of property tax revenue lost by reason of the exemption. Except as otherwise provided in this subsection, the applicable percentage is:
(1) For property tax years beginning April 1, 2008, 100%;
(2) For property tax years beginning April 1, 2009, 90%;
(3) For property tax years beginning April 1, 2010, 80%;
(4) For property tax years beginning April 1, 2011, 70%;
(5) For property tax years beginning April 1, 2012, 60%; and
(6) For property tax years beginning April 1, 2013 and for subsequent tax years, 50%. [PL 2005, c. 623, §1 (NEW).]
B. In the case of a municipality that chooses reimbursement under this paragraph in which the personal property factor exceeds 5%, the applicable percentage for exempt business equipment is 50% plus an amount equal to 1/2 of the personal property factor. For purposes of this paragraph, “personal property factor” means the percentage derived from a fraction, the numerator of which is the value of taxable business personal property in the municipality plus the value of exempt eligible business equipment, and the denominator of which is the value of all taxable property in the municipality plus the value of exempt business equipment. For purposes of this paragraph, the value of exempt business equipment is the value that would have been assessed on that equipment if it were taxable. [PL 2023, c. 441, Pt. B, §3 (AMD); PL 2023, c. 441, Pt. B, §7 (AFF).]
C. In the case of a municipality that has one or more tax increment financing districts authorized pursuant to Title 30?A, chapter 206, subchapter 1 and effective under Title 30?A, section 5226, subsection 3 prior to April 1, 2008 or authorized pursuant to Title 30?A, former chapter 207 and effective under Title 30-A, former section 5253, subsection 1, paragraph F, prior to April 1, 2008, the applicable percentage with respect to TIF exempt business equipment is 50% plus a percentage amount equal to the percentage amount, if any, by which the municipal tax increment percentage for the tax increment financing district in which the TIF exempt business equipment is located exceeds 50%. This paragraph applies only when it will result in a greater percentage of reimbursement for the TIF exempt business equipment than would be provided under the greater of paragraph A or B and the reimbursement has been used to fund a development program pursuant to Title 30?A, section 5224. [PL 2021, c. 253, Pt. C, §2 (AMD).]
[PL 2023, c. 441, Pt. B, §3 (AMD); PL 2023, c. 441, Pt. B, §7 (AFF).]
3. Reimbursement to unorganized territory education and services. The bureau shall calculate the reimbursement to the Unorganized Territory Education and Services Fund for property tax revenue lost by reason of the exemption in the same manner as it does for municipalities and at the same percentages as are applicable to municipalities.
[PL 2007, c. 627, §27 (AMD).]
4. Information provided to State; deviations in assessment ratio.
[PL 2007, c. 627, §28 (RP).]
5. Payments by State. Reimbursements to municipalities must be made as described in this subsection. A municipality claiming reimbursement under this section shall submit a claim to the bureau by November 1st of the year in which the exemption applies or within 30 days of commitment of taxes, whichever occurs later. The bureau shall review the claims and determine the total amount to be paid. The bureau shall certify and the Treasurer of State shall pay by December 15th of the year in which the exemption applies the amount that the bureau determines for that tax year. Municipal claims that are timely filed after November 1st must be paid as soon as reasonably possible after the December 15th payment date.
[PL 2005, c. 623, §1 (NEW).]
SECTION HISTORY
PL 2005, c. 623, §1 (NEW). PL 2007, c. 438, §§24, 25 (AMD). PL 2007, c. 627, §§25-28 (AMD). PL 2013, c. 368, Pt. O, §§9, 10 (AMD). PL 2013, c. 368, Pt. O, §12 (AFF). PL 2013, c. 385, §§2, 3 (AFF). PL 2013, c. 544, §§3, 4 (AMD). PL 2013, c. 544, §7 (AFF). PL 2021, c. 253, Pt. C, §2 (AMD). PL 2023, c. 441, Pt. B, §3 (AMD). PL 2023, c. 441, Pt. B, §7 (AFF).