18-125-811 Me. Code R. § 01

Current through 2024-51, December 18, 2024
Section 125-811-01 - Definitions
A.Bachelor or associate degree in science, technology, engineering, or mathematics ("STEM") awarded prior to January 1, 2020.
1. For purposes of Section .05(A), below, a "bachelor or associate STEM degree awarded prior to January 1, 2020" means an associate or bachelor degree with a major (or if no major is awarded, an equivalent concentration) as recognized by the participant's accredited community college, college, or university limited to the following courses of study:
a. Animal, food, or plant science; archeology; biology; chemistry; computer and information sciences; environmental science; physics/physical, earth, or marine sciences; or registered nursing/nursing sciences;
b. Aeronautical engineering; architectural engineering technology; biotechnology; clinical or medical technologies; communications technology; computer technology; construction engineering technology; drafting and design technology; automotive technology; electrical and electrical engineering technology; electromechanical engineering technology; science technology; or telecommunications technology;
c. Chemical, civil, construction, electrical, forest, industrial, mechanical, naval, or surveying engineering;
d. Economics, mathematics, or statistics; or
e. Any degree listed on the United States Department of Homeland Security, Immigration and Customs Enforcement STEM Designated Degree Program List.
2. Any degree awarded prior to January 1, 2020, that is considered a STEM degree pursuant to this section will continue to qualify for STEM-degree treatment after December 31, 2019, regardless of whether the taxpayer had previously treated the degree as a STEM degree.
B.Bachelor or associate degree in science, technology, engineering, or mathematics awarded on or after January 1, 2020, but before January 1, 2022.
1. For purposes of Section .05(A), below, a "bachelor or associate STEM degree awarded on or after January 1, 2020 but before January 1, 2022," means an associate or bachelor degree in a program of study classified under one of the following Classification of Instructional Programs ("CIP") codes according to the Integrated Postsecondary Education Data System ("IPEDS") of the National Center for Education Statistics ("NCES"):
a. CIP codes listed on the United States Department of Homeland Security, Immigration and Customs Enforcement STEM Designated Degree Program List as of the year in which the degree was awarded;
b. Dental Hygiene/Hygienist (CIP code 51.0602);
c. Kinesiology and Exercise Science (CIP code 31.0505);
d. Marine Science/Merchant Marine Officer (CIP code 49.0309);
e. Occupational Therapy/Therapist (CIP code 51.2306);
f. Registered Nursing, Nursing Administration, Nursing Research, and Clinical Nursing (CIP codes 51.3801 through 51.3899); and
g. Secondary Education and Teaching: STEM Concentrations (CIP code 13.1205 with a concentration in a field that would qualify as a STEM degree under subparagraphs a through f if the degree was earned in that field directly).
C.Code. "Code" means the United States Internal Revenue Code of 1986 and amendments to that Code as of the date stated in 36 M.R.S. §111(1-A).
D.Earned income. "Earned income," as defined in 36 M.R.S. §5217-E(1)(B), has the same meaning as in Code § 32(c)(2). "Earned income" includes, without limitation, wages, salaries, tips, and other employee compensation, but only if such amounts are includible in gross income for federal income tax purposes for the taxable year. "Earned income" also includes net earnings from self-employment for the taxable year (within the meaning of Code § 1402(a)), but such net earnings shall be determined with regard to the deduction for one-half of self-employment taxes under Code § 164(f).
E.Earned income requirement. "Earned income requirement" means the requirement that earned income of the taxpayer during the taxable year shall be equal to at least the state minimum wage, as set out in 26 M.R.S. §664(1), as adjusted for cost-of- living increases, as determined on January 1st of the taxable year, multiplied by 936 hours. For tax years not beginning on January 1st of the calendar year, "January 1st of the taxable year" means January 1st of the calendar year during which the taxable year begins.
F.Financial aid package. "Financial aid package," as defined in 36 M.R.S. §5217-E(1)(D), means financial aid obtained by a student for attendance at an accredited community college, college, or university for an associate, bachelor's, or graduate degree obtained by the student from an accredited community college, college, or university after December 31, 2007. "Financial aid package" may include private loans or less than the full amount of loans under federal programs, depending on the practices of the accredited community college, college, or university.
G.Person related to the qualified individual. "Person related to the qualified individual" is a person that meets the criteria listed in Code §§ 267(b) or 707(b)(1).
H.Qualified employer plan. "Qualified employer plan" has the same meaning as in Code § 72(p)(4).
I.Qualified individual. "Qualified individual" means an individual, including the spouse filing a joint return under 36 M.R.S. §5221 with the individual, who is eligible for the credit provided in this section. An individual is eligible for the credit if the individual:
(1) Obtained an associate, bachelor's or graduate degree from an accredited community college, college or university after December 31, 2007;
(2) During the taxable year was a resident individual as defined in 36 M.R.S. §5102(5); and
(3) During the taxable year had earned income of at least the state minimum wage, as set out in 26 M.R.S. §664(1), as adjusted for cost-of-living increases, as determined on January 1st of the taxable year, multiplied by 936 hours.

18-125 C.M.R. ch. 811, § 01