May 4, 2010, Introduced by Reps. Paul Scott, Agema, McMillin, Amash, DeShazor, Haveman, Green, Meekhof, Meltzer, Walsh, Crawford, Genetski, Lund, Rogers, Kowall and Booher and referred to the Committee on Tax Policy.
A bill to amend 2007 PA 36, entitled
"Michigan business tax act,"
by amending sections 281 and 405 (MCL 208.1281 and 208.1405),
section 281 as added and section 405 as amended by 2007 PA 145.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 281. (1) In addition to the taxes imposed and levied
under
this act and subject to subsections (2)
, and (3), and (4),
to meet deficiencies in state funds an annual surcharge is imposed
and levied on each taxpayer in the following circumstances equal to
the following percentage of the taxpayer's tax liability under this
act after allocation or apportionment to this state under this act
but before calculation of the various credits available under this
act:
(a) For each taxpayer other than a person subject to the tax
imposed and levied under chapter 2B and for tax years ending after
December 31, 2007 and before January 1, 2011, 21.99%.
(b) For a person subject to the tax imposed and levied under
chapter 2B:
(i) For tax years ending after December 31, 2007 and before
January 1, 2009, 27.7%.
(ii) For tax years ending after December 31, 2008 and before
January 1, 2011, 23.4%.
(2)
If the Michigan personal income growth exceeds 0% in any 1
of
the 3 calendar years immediately preceding the 2017 calendar
year,
then the surcharge under subsection (1) shall not be levied
and
imposed on or after January 1,
2017. For purposes of this
subsection,
"Michigan personal income" means personal income for
this
state as defined by the bureau of economic analysis of the
United
States department of commerce
or its successor.
(2) (3)
The amount of the surcharge imposed
and levied on any
taxpayer under subsection (1)(a) shall not exceed $6,000,000.00 for
any single tax year.
(3) (4)
The surcharge imposed and levied
under this section
does not apply to either of the following:
(a) A person subject to the tax imposed and levied under
chapter 2A.
(b) A person subject to the tax imposed and levied under
chapter 2B that is authorized to exercise only trust powers.
(4) (5)
The surcharge imposed and levied
under this section
shall constitute a part of the tax imposed under this act and shall
be administered, collected, and enforced as provided under this
act.
Sec. 405. For the 2008 tax year, a taxpayer may claim a credit
against the tax imposed by this act equal to 1.52% of the
taxpayer's research and development expenses in this state in the
tax
year. For the 2009 tax year and each the 2010 tax year, after
2009,
a taxpayer may claim a credit
against the tax imposed by this
act equal to 1.90% of the taxpayer's research and development
expenses in this state in the tax year. The credit under this
section combined with the total combined credit allowed under
section 403 shall not exceed 65% of the tax liability imposed under
this act before the imposition and levy of the surcharge under
section 281. As used in this section, "research and development
expenses" means that term as defined in section 41(b) of the
internal revenue code.
Enacting section 1. This amendatory act does not take effect
unless all of the following bills of the 95th Legislature are
enacted into law:
(a) House Bill No. 5249.
(b) Senate Bill No.____ or House Bill No. 6104(request no.
04275'09).
(c) Senate Bill No.____ or House Bill No. 6103(request no.
05669'09).
(d) Senate Bill No.____ or House Bill No. 6105(request no.
05670'09).
(e) Senate Bill No.____ or House Bill No. 6106(request no.
05671'09).
(f) Senate Bill No.____ or House Bill No. 6112(request no.
05673'09).
(g) Senate Bill No.____ or House Bill No. 6113(request no.
05675'09*).
(h) Senate Bill No.____ or House Bill No. 6109(request no.
05676'09).
(i) Senate Bill No.____ or House Bill No. 6110(request no.
05677'09).
(j) Senate Bill No.____ or House Bill No. 6116(request no.
05678'09).
(k) Senate Bill No.____ or House Bill No. 6114(request no.
05679'09).
(l) Senate Bill No.____ or House Bill No. 6117(request no.
05680'09).
(m) Senate Bill No.____ or House Bill No. 6108(request no.
05681'09).
(n) Senate Bill No.____ or House Bill No. 6119(request no.
05930'10).
(o) Senate Bill No.____ or House Bill No. 6111(request no.
05931'10).
(p) Senate Bill No.____ or House Bill No. 6115(request no.
05932'10).
(q) Senate Bill No.____ or House Bill No. 6118(request no.
05933'10).