HOUSE BILL No. 5091

 

 

October 12, 2017, Introduced by Rep. Kahle and referred to the Committee on Tax Policy.

 

     A bill to amend 1967 PA 281, entitled

 

"Income tax act of 1967,"

 

by amending section 711 (MCL 206.711), as amended by 2016 PA 158.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 711. (1) Every person required by this part to deduct and

 

withhold taxes for a tax year on income other than distributive

 

share of income from a flow-through entity shall furnish to the

 

person who received the income a statement in duplicate on or

 

before January 31 of the succeeding year of the total income paid

 

during the tax year and the amount deducted or withheld. However,

 

if employment is terminated before the close of a calendar year by

 

a person that goes out of business or permanently ceases to exist,

 

then the statement required by this subsection shall be issued

 

within 30 days after the last compensation, winnings, or payoff of

 

a winning ticket is paid. A duplicate of a statement made pursuant


to this section and an annual reconciliation return, MI-W3, shall

 

be filed with the department by February 28 January 31 of the

 

succeeding year except that a person that goes out of business or

 

permanently ceases to exist shall file the statement and the annual

 

reconciliation return within 30 days after going out of business or

 

permanently ceasing to exist. For tax years that begin before July

 

1, 2016, a flow-through entity that was required to withhold taxes

 

on distributive shares of business income shall file an annual

 

reconciliation return with the department no later than the last

 

day of the second month following the end of the flow-through

 

entity's federal tax year. The department may require a flow-

 

through entity to file an annual business income information return

 

with the department on the due date, including extensions, of its

 

annual federal information return.

 

     (2) Every person required by this part to deduct or withhold

 

taxes shall make a return or report in form and content and at

 

times as prescribed by the department. The department may require

 

certain employers to make the return or report required under this

 

section in electronic form. An employer that has entered into an

 

agreement with a community college pursuant to chapter 13 of the

 

community college act of 1966, 1966 PA 331, MCL 389.161 to 389.166,

 

and is required to deduct or withhold taxes from compensation and

 

make payments to a community college pursuant to the agreement for

 

a portion of those taxes withheld shall, for as long as the

 

agreement remains in effect, delineate in the return or report

 

required under this subsection between the amount deducted or

 

withheld and paid to the state and that amount paid to a community


college.

 

     (3) Every person who receives income subject to withholding

 

under this part shall furnish to the person required by this part

 

to deduct and withhold taxes information required to make an

 

accurate withholding. A person who receives income subject to

 

withholding under this part shall file with the person required by

 

this part to deduct and withhold taxes revised information within

 

10 days after a decrease in the number of exemptions or a change in

 

status from a nonresident to a resident. The person who receives

 

income subject to withholding under this part may file revised

 

information when the number of exemptions increases or when a

 

change in status occurs from that of a resident of this state to a

 

nonresident of this state. Revised information shall not be given

 

retroactive effect for withholding purposes. A person required by

 

this part to deduct and withhold taxes shall rely on this

 

information for withholding purposes unless directed by the

 

department to withhold on some other basis. If a person who

 

receives income subject to withholding under this part fails or

 

refuses to furnish information, the person required by this part to

 

deduct and withhold taxes shall withhold at the full rate of tax

 

from the person's income subject to withholding under this part.