§174. Collection by civil action
1. Generally. If a taxpayer fails to pay a tax imposed by this Title on or before the due date of that tax, the State Tax Assessor, through the Attorney General, may commence a civil action within 6 years after receipt by the taxpayer of the demand notice required by section 171 in a court of competent jurisdiction in this State in the name of the State for the recovery of that tax. In this action, the certificate of the assessor showing the amount of the delinquency is prima facie evidence of the levy of the tax, of the delinquency and of the compliance by the assessor with this Title in relation to the assessment of the tax.
[PL 2001, c. 583, §4 (AMD).]
2. Other jurisdictions. The Attorney General may bring civil actions in the courts of other states in the name of this State or any of its tax-collecting agencies to collect taxes legally due this State or those agencies.
[PL 1981, c. 364, §12 (NEW).]
3. Comity. The courts of this State shall recognize and enforce liabilities for taxes lawfully imposed by another state to the same extent that the laws of that other state permit the enforcement in its courts of tax liabilities arising under this Title. The duly authorized officer of any such state may sue for the collection of such a tax in the courts of this State. A certificate by the Secretary of State of such other state that an officer suing for the collection of such a tax is duly authorized to collect the tax shall be conclusive proof of that authority.
[PL 1981, c. 364, §12 (NEW).]
4. Stay of running of period of limitation. The running of the period of limitation for commencement of a civil action for the recovery of any tax pursuant to this section is stayed for the period of time, plus 120 days, during which the tax collection action is stayed by the bankruptcy proceeding under the United States Bankruptcy Code.
[PL 1991, c. 846, §2 (NEW).]
SECTION HISTORY
PL 1981, c. 364, §12 (NEW). PL 1991, c. 846, §2 (AMD). PL 1995, c. 639, §2 (AMD). PL 2001, c. 583, §4 (AMD).
Structure Maine Revised Statutes
Chapter 7: UNIFORM ADMINISTRATIVE PROVISIONS
36 §112-A. Agreements for transfer from another state agency of debt for collection
36 §113. Audit and collection expenses
36 §114. Internal services provided by the bureau
36 §115. Payment by credit card
36 §135. Record-keeping requirements
36 §142. Cancellation and abatement
36 §143. Compromise of tax liability
36 §144. Application for refund
36 §145. Declaration of jeopardy
36 §151. Review of decisions of State Tax Assessor
36 §151-A. Additional safeguards
36 §151-B. Independent Appeals Office (REPEALED)
36 §151-D. Maine Board of Tax Appeals
36 §152. Payment of contested taxes
36 §153. Time of filing or paying
36 §172. Denial, suspension or revocation of license
36 §173. Collection by warrant
36 §174. Collection by civil action
36 §175. Applicants for license or renewal of license
36 §176-B. Access to financial records of individuals who owe Maine taxes
36 §177. Trust fund status of certain collections
36 §183. Criminal offenses; statute of limitations
36 §183-A. Subsequent offenses
36 §184-A. Intentional evasion of tax
36 §185-A. Setoff of refunds to debts owed to other agencies of the State
36 §186-A. Additional interest
36 §188. Remedies not exclusive
36 §191. Confidentiality of tax records
36 §193. Returns; declaration covering perjury; submission of returns and funds by electronic means
36 §194-A. Review of certain changes in the application of sales and use tax law
36 §194-B. National criminal history record information (REPEALED)
36 §194-C. National criminal history record information of providers of contract services (REPEALED)
36 §194-D. Background investigations
36 §194-E. Tribes deemed as acting in a governmental capacity