Maine Code § 36-841

Abatement procedures
Open in Lexace · Ask the AI about this section
1. Error or mistake. The assessors, either upon written application filed within 185 days from
commitment stating the grounds for an abatement or on their own initiative within one year from
commitment, may make such reasonable abatement as they consider proper to correct any illegality,
error or irregularity in assessment if the taxpayer has complied with section 706-A.
The municipal officers, either upon written application filed after one year but within 3 years from
commitment stating the grounds for an abatement or on their own initiative within that time period,
may make such reasonable abatement as they consider proper to correct any illegality, error or
irregularity in assessment if the taxpayer has complied with section 706-A. The municipal officers may
not grant an abatement to correct an error in the valuation of property.
[PL 2017, c. 367, §7 (AMD).]
2. Hardship or poverty. The municipal officers, or the State Tax Assessor for the unorganized
territory, within 3 years from commitment, may, on their own knowledge or on written application,
make such abatements as they believe reasonable on the real and personal taxes on the primary
residence of any person who, by reason of hardship or poverty, is in their judgment unable to contribute

to the public charges. The municipal officers, or the State Tax Assessor for the unorganized territory,
may extend the 3-year period within which they may make abatements under this subsection.
As used in this subsection, "primary residence" means the home, appurtenant structures necessary to
support the home and acreage sufficient to satisfy the minimum lot size as required by the municipality's
land use or building permit ordinance or regulations or, in the absence of any municipal minimum lot
size requirement, as required by Title 12, section 4807-A.
Municipal officers or the State Tax Assessor for the unorganized territory shall:
A. Provide that any person indicating an inability to pay all or part of taxes that have been assessed
because of hardship or poverty be informed of the right to make application under this subsection;
[PL 2013, c. 424, Pt. A, §24 (RPR).]
B. Assist individuals in making application for abatement; [PL 2013, c. 424, Pt. A, §24 (RPR).]
C. Make available application forms for requesting an abatement based on hardship or poverty and
provide that those forms contain notice that a written decision will be made within 30 days of the
date of application; [PL 2013, c. 424, Pt. A, §24 (RPR).]
D. Provide that persons are given the opportunity to apply for an abatement during normal business
hours; [PL 2013, c. 424, Pt. A, §24 (RPR).]
E. Provide that all applications, information submitted in support of the application, files and
communications relating to an application for abatement and the determination on the application
for abatement are confidential. Hearings and proceedings held pursuant to this subsection must be
in executive session; [PL 2013, c. 424, Pt. A, §24 (RPR).]
F. Provide to any person applying for abatement under this subsection, notice in writing of their
decision within 30 days of application; and [PL 2013, c. 424, Pt. A, §24 (RPR).]
G. Provide that any decision made under this subsection include the specific reason or reasons for
the decision and inform the applicant of the right to appeal and the procedure for requesting an
appeal. [PL 2013, c. 424, Pt. A, §24 (RPR).]
[PL 2017, c. 273, §1 (AMD).]
3. Inability to pay after 2 years. If after 2 years from the date of assessment a tax collector is
satisfied that a tax upon real or personal property committed to the tax collector for collection cannot
be collected by reason of the death, absence, poverty, insolvency, bankruptcy or other inability of the
person assessed to pay, the tax collector shall notify the municipal officers in writing, under oath, stating
the reason why that tax cannot be collected. The municipal officers, after due inquiry, may abate that
tax or any part of the tax.
[PL 2025, c. 113, Pt. D, §37 (AMD).]
4. Veteran's surviving spouse or minor child. Notwithstanding failure to comply with section
706-A, the assessors, on written application within one year from the date of commitment, may make
such abatement as they think proper in the case of the unremarried surviving spouse or the minor child
of a veteran, if the surviving spouse or child would be entitled to an exemption under section 653,
subsection 1, paragraph D, except for the failure of the surviving spouse or child to make application
and file proof within the time set by section 653, subsection 1, paragraph G, if the veteran died during
the 12-month period preceding the April 1st for which the tax was committed.
[PL 2025, c. 113, Pt. D, §38 (AMD).]
5. Certification; record. Whenever an abatement is made, other than by the State Tax Assessor,
the abating authority shall certify it in writing to the collector, and that certificate must discharge the
collector from further obligation to collect the tax so abated. When the abatement is made, other than
an abatement made under subsection 2, a record setting forth the name of the party or parties benefited,
the amount of the abatement and the reasons for the abatement must, within 30 days, be made and kept

in suitable book form open to the public at reasonable times. A report of the abatement must be made
to the municipality at its annual meeting or to the mayor and municipal officers of cities by the first
Monday in each March.
[PL 2025, c. 113, Pt. D, §39 (AMD).]
6. Appeals. The decision of a chief assessor of a primary assessing area or the State Tax Assessor
shall not be deemed "final agency action" under the Maine Administrative Procedure Act, Title 5,
chapter 375.
[PL 1979, c. 73 (NEW).]
7. Assessors defined. For the purposes of this subchapter the word "assessors" includes assessor,
chief assessor of a primary assessing area and State Tax Assessor for the unorganized territory.
[PL 2001, c. 396, §15 (AMD).]
8. Approval of the Governor. The State Tax Assessor may abate taxes under this section only
with the approval of the Governor or the Governor's designee.
[PL 1999, c. 521, Pt. A, §4 (AMD).]

‹ 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.