HB-4921, As Passed Senate, December 17, 2014

SENATE SUBSTITUTE FOR

HOUSE BILL NO. 4921

     A bill to amend 1937 PA 94, entitled

"Use tax act,"

by amending section 6 (MCL 205.96), as amended by 2012 PA 585.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 6. (1) Every person storing, using, or consuming tangible

personal property or services, the storage, use, or consumption of

which is subject to the tax imposed by this act when the tax was

not paid to a seller, and every seller collecting the tax from the

purchaser, unless otherwise prescribed by the department under the

provisions of subsection (2) , or (3), or (4), on or before the

twentieth day of each calendar month shall file with the department

a return for the preceding calendar month, in a form prescribed by

the department, showing the price of each purchase of tangible

personal property or services during the preceding month, and other

information the department considers necessary for the proper

administration of this act. At the same time, each person shall pay

to the department the amount of tax imposed by this act with

respect to the purchases covered by the return.

     (2) Beginning January 1, 1999 through December 31, 2013, each

Each seller that had a total tax liability after subtracting the

tax payments made to the secretary of state under this act or the

general sales tax act, 1933 PA 167, MCL 205.51 to 205.78, or after

subtracting the tax credits available under section 6a of the

general sales tax act, 1933 PA 167, MCL 205.56a, in the immediately

preceding calendar year of $720,000.00 or more shall remit to the

department, by an electronic funds transfer method approved by the

department on or before the twentieth day of the month, an amount

equal to the following:

     (a) Beginning January 1, 1999 through December 31, 2013, 50%

of the taxpayer's liability under this act for the same month in

the immediately preceding calendar year, or 50% of the actual

liability for the month being reported, whichever is less, plus a

reconciliation payment equal to the difference between the tax

liability determined for the immediately preceding month minus the

amount of tax previously paid for that month. Additionally, the

seller shall remit to the department, by an electronic funds

transfer method approved by the department on or before the last

day of the month, an amount equal to 50% of the taxpayer's

liability under this act for the same month in the immediately

preceding calendar year, or 50% of the actual liability for the

month being reported, whichever is less.

(b) (3) Beginning January 1, 2014, each taxpayer that had a

total tax liability after subtracting the tax payments made to the

secretary of state under this act or the general sales tax act,

1933 PA 167, MCL 205.51 to 205.78, or after subtracting the tax

credits available under section 6a of the general sales tax act,

1933 PA 167, MCL 205.56a, in the immediately preceding calendar

year of $720,000.00 or more shall remit to the department, by an

electronic funds transfer method approved by the department on or

before the twentieth day of the month, an amount equal to 75% of

the taxpayer's liability under this act in the immediately

preceding month or 75% of the taxpayer's liability for the same

month in the immediately preceding calendar year, whichever is

less, plus a reconciliation payment equal to the difference between

the tax liability determined for the immediately preceding month

minus the amount of tax previously paid for that month. Payment

remitted to the department by electronic funds transfer may include

as a single payment any amount due under section 6 of the general

sales tax act, 1933 PA 167, MCL 205.56.

(3) (4) If considered necessary to insure payment of the tax

or to provide a more efficient administration, the department may

require and prescribe the filing of returns and payment of the tax

for other than monthly periods.

(4) (5) The tax imposed under this act shall accrue to this

state on the last day of each calendar month.

(5) (6) If a due date falls on a Saturday, Sunday, state

holiday, or legal banking holiday, the taxes are due on the next

succeeding business day.