18-125-207 Me. Code R. § 05

Current through 2024-51, December 18, 2024
Section 125-207-05 - Tax return and payment
A. Controlling interest transfers are reported on the Controlling Interest Transfer Tax Return/ Declaration of Value. The return must be completed and submitted to the county or counties in which the transferred real property is located within 30 days of the date of the transfer.
B. In cases where a controlling interest transfer occurs as the result of a series of separate transfers involving persons acting in concert, the return must be submitted within 30 days of the date of the final transfer. The parties responsible for submitting the return in this situation are the transferor and transferee of the final transfer. The parties to the final transfer must also complete pro forma returns on behalf of the parties to any other transfer contributing to the controlling interest transfer for which returns have not been filed.
C. If the controlling interest transfer is not reported to the register of deeds in the county or counties in which the property is located and the tax is not paid within 30 days of the completion of the transfer, the transferor and the transferee are jointly and severally liable for the full amount due, plus applicable interest and penalties. Any party to a controlling interest transfer that has timely reported the transfer to the appropriate register of deeds and timely paid that party's share of the tax is not liable for tax due from another party.
D. When the controlling interest is transferred in an entity that holds Maine real property located in more than one county, the real estate transfer tax must be divided among the counties in the same proportion in which the value of the real property is distributed among the different counties. Any dispute between counties as to the proper amount of real estate transfer tax due to each county as a result of a particular transfer will be decided by MRS on written petition from an official authorized to act on behalf of an aggrieved county.

18-125 C.M.R. ch. 207, § 05