Maine Code § 36-5320

Transferees
Open in Lexace · Ask the AI about this section
1. General. The liability, at law or in equity, of a transferee of property of a taxpayer for any tax,
addition to tax, penalty or interest due the assessor under this Part shall be assessed, paid and collected
in the same manner and subject to the same provisions and limitations as in the case of the tax to which
the liability relates, except as hereinafter provided in this section. The term transferee includes, but is
not limited to, donee, heir, legatee, devisee and distributee.
[P&SL 1969, c. 154, §F/§1 (NEW).]
2. Period of limitation. In the case of the liability of an initial transferee, the period of limitation
for assessment of any liability is within one year after the expiration of period of limitation against the
transferor. In the case of the liability of a transferee of a transferee, within one year after the expiration
of the period of limitation against the preceding transferee, but not more than 3 years after the expiration
of the period of limitation for assessment against the original transferor; except that if before the
expiration of the period of limitation for the assessment of the liability of the transferee, a proceeding
for the collection of the liability has been begun against the initial transferor or the last preceding
transferee, respectively, then the period of limitation for assessment of the liability of the transferee
shall expire one year after the proceeding is terminated.
[P&SL 1969, c. 154, §F/§1 (NEW).]
3. Extension by agreement. If before the expiration of the time provided in this section for the
assessment of the liability, the assessor and the transferee have both consented in writing to its
assessment after such time, the liability may be assessed at any time prior to the expiration of the period
agreed upon or an extension thereof. For the purpose of determining the period of limitation on credit
or refund to the transferee of overpayments of tax made by such transferee of overpayments of tax made
by the transferor of which the transferee is legally entitled to credit or refund, such agreement and any
extension thereof shall be deemed an agreement or extension referred to in section 5278, subsection 3.
If the agreement is executed after the expiration of the period of limitation for assessment against the
taxpayer with reference to whom the liability of such transferee arises, then in applying the limitations
under section 5278, subsection 2 on the amount of the credit or refund, the periods specified in section

5278, subsection 1 shall be increased by the period from the date of such expiration to the date of the
agreement.
[PL 1979, c. 541, Pt. A, §248 (AMD).]
4. Transferor deceased. If any person is deceased, the period of limitation for assessment against
such person shall be the period that would be in effect had death not occurred.
[P&SL 1969, c. 154, §F/§1 (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.