Maine Code § 36-5295

Temporary adjustments to Maine income tax filing requirements based on federal
Open in Lexace · Ask the AI about this section
changes
1. Federal income tax law changes; report. Whenever it appears to the Commissioner of
Administrative and Financial Services that the Legislature has not had the opportunity before the bureau
begins processing returns for the most recently completed tax year to conform or adjust Maine laws in

response to federal income tax law changes affecting the tax year, the commissioner shall report in
writing to the Governor a description of the federal income tax law changes and their potential effect
on Maine income tax laws and the state budget. The commissioner shall timely send a copy of the
report to the President of the Senate, the Speaker of the House of Representatives, the majority and
minority leaders of the Senate and House of Representatives, the chair of the joint standing committee
of the Legislature having jurisdiction over taxation matters and the chair of the joint standing committee
of the Legislature having jurisdiction over appropriations and financial affairs.
[PL 2025, c. 336, §2 (NEW).]
2. Determination by Governor of temporary adjustment of Maine income tax filing
requirements. After receiving the report pursuant to subsection 1, the Governor may direct the
assessor to temporarily adjust, in a manner determined equitable by the Governor, the assessor's
administration of the tax year based on some or all of the federal income tax law changes as the
Governor may equitably determine, contingent on the future enactment by the Legislature of legislation
that addresses the federal income tax law changes. The Governor, to the extent practicable, shall make
the determination consistent with the intent of the Legislature in enacted Maine income tax laws and
consider the budgetary implications of the determination and the extent to which the determination
reduces the complexity of the affected tax year to ease taxpayers' compliance with, and the bureau's
administration of, Maine income tax laws.
[PL 2025, c. 336, §2 (NEW).]
3. Notice. Immediately upon making a determination pursuant to subsection 2, the Governor shall
notify the President of the Senate, the Speaker of the House of Representatives, the majority and
minority leaders of the Senate and House of Representatives, the members of the joint standing
committee of the Legislature having jurisdiction over taxation matters and the chairs of the joint
standing committee of the Legislature having jurisdiction over appropriations and financial affairs of
the specific direction provided to the assessor and the effect of that determination on Maine income tax
laws and the state budget.
Upon receipt of notice pursuant to this subsection, the joint standing committee of the Legislature
having jurisdiction over taxation matters may convene to consider action taken under this section. A
hearing held under this section must be held with public notice provided at least 2 full weeks prior to
the day of the hearing. The joint standing committee may report out a bill related to the report to the
session of the Legislature to which the report is submitted or, if the Legislature is not in session, to the
next regular or special session of the Legislature occurring after submission of the report.
[PL 2025, c. 336, §2 (NEW).]
4. Action by assessor. Upon receiving the direction of the Governor pursuant to subsection 2, the
assessor shall proceed in accordance with that direction, including in the processing of income tax
returns and notices, the acceptance of tax payments and the issuance of refunds.
The tax return filing instructions or related public information must:
A. State that the tax return filing instructions and processing of those returns are, in whole or in
part, contingent on the enactment by the Legislature of legislation that addresses federal income
tax law changes; [PL 2025, c. 336, §2 (NEW).]
B. Explain that a taxpayer may choose to wait for the enactment by the Legislature of legislation
that addresses federal income tax law changes by filing under extension pursuant to section 5231,
subsection 4; [PL 2025, c. 336, §2 (NEW).]
C. Require a taxpayer that files a tax return to do so in a manner consistent with the issued tax
returns, forms, instructions and other guidance; and [PL 2025, c. 336, §2 (NEW).]
D. State that if the Legislature enacts legislation that addresses federal income tax law changes
that are at variance with the filing instructions in effect at the time of filing:

(1) The affected taxpayer is not subject to interest or penalty for a resulting underpayment
related to the variance;
(2) Any incorrect refund will not result in interest or penalty accruing prior to the date of
enactment of such legislation; and
(3) The affected taxpayer shall file an amended return to address the variance. [PL 2025, c.
336, §2 (NEW).]
[PL 2025, c. 336, §2 (NEW).]

‹ Prev All Maine sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.