SENATE BILL No. 1

 

 

January 14, 2009, Introduced by Senator JANSEN and referred to the Committee on Finance.

 

 

 

     A bill to amend 2007 PA 36, entitled

 

"Michigan business tax act,"

 

by amending section 281 (MCL 208.1281), as added 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 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: ,

 

     (i) For tax years ending after December 31, 2007 and before

 

January 1, 2009, 21.99%.

 


     (ii) For tax years ending after December 31, 2008 and before

 

January 1, 2010, 11.0%.

 

     (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, 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) (1)(b) 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.

 

     (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.

 

     (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.

 

     (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.