HOUSE BILL No. 5114

 

August 21, 2007, Introduced by Reps. Byrum, Valentine and Mayes and referred to the Committee on Agriculture.

 

     A bill to amend 1967 PA 281, entitled

 

"Income tax act of 1967,"

 

(MCL 206.1 to 206.532) by adding section 278.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 278. (1) For tax years that begin after December 31,

 

2007, a taxpayer may claim a credit against the tax imposed by this

 

act equal to 25% of the total amount paid to purchase and install a

 

biomass burning unit.

 

     (2) The taxpayer shall claim 20% of the amount of the credit

 

allowed under this section for the purchase and installation of

 

each biomass burning unit in the tax year of the purchase and

 

installation and 20% of the amount of the credit allowed under this

 

section for the purchase and installation of each biomass burning

 

unit in each of the subsequent 4 tax years.

 


     (3) If the amount of the credit allowed under this section

 

exceeds the tax liability of the taxpayer for the tax year, that

 

portion of the credit that exceeds the tax liability shall be

 

refunded.

 

     (4) The credit allowed under this section shall be claimed on

 

a form developed by the department that is a form separate from the

 

annual return required under this act and shall be filed with the

 

taxpayer's annual return each year that a credit under this section

 

is claimed.

 

     (5) The taxpayer shall attach proof of the purchase and

 

installation to the form under subsection (4) in the year that the

 

taxpayer purchases and installs the biomass burning unit.

 

     (6) The taxpayer shall attach a receipt for biomass fuel

 

purchased in the tax year to the annual return on which a credit

 

under this section is claimed for each of the 4 years after the

 

year in which the taxpayer purchased and installed the biomass

 

burning unit.

 

     (7) As used in this section:

 

     (a) "Biomass burning unit" means a stove, furnace, or boiler

 

designed specifically to utilize biomass fuel and that has a

 

capacity of at least 30,000 BTUs. Biomass burning unit does not

 

include a conventional wood burning stove.

 

     (b) "Biomass fuel" means any form of fuel, including pellets,

 

made from agricultural or forest products waste, including, but not

 

limited to, corn, rye, wheat, barley, cherry pits, wood, and

 

switchgrass.