SENATE BILL No. 28

 

 

January 19, 2011, Introduced by Senator HANSEN and referred to the Committee on Finance.

 

 

 

     A bill to amend 1941 PA 122, entitled

 

"An act to establish the revenue collection duties of the

department of treasury; to prescribe its powers and duties as the

revenue collection agency of this state; to prescribe certain

powers and duties of the state treasurer; to establish the

collection duties of certain other state departments for money or

accounts owed to this state; to regulate the importation, stamping,

and disposition of certain tobacco products; to provide for the

transfer of powers and duties now vested in certain other state

boards, commissions, departments, and offices; to prescribe certain

duties of and require certain reports from the department of

treasury; to provide procedures for the payment, administration,

audit, assessment, levy of interests or penalties on, and appeals

of taxes and tax liability; to prescribe its powers and duties if

an agreement to act as agent for a city to administer, collect, and

enforce the city income tax act on behalf of a city is entered into

with any city; to provide an appropriation; to abolish the state

board of tax administration; to prescribe penalties and provide

remedies; and to declare the effect of this act,"

 

by amending section 19 (MCL 205.19), as amended by 2002 PA 657.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 19. (1) All remittances of taxes administered by this act

 


shall be made to the department payable to the state of Michigan by

 

bank draft, check, cashier's check, certified check, money order,

 

cash, credit card, or electronic funds transfer. The money received

 

shall be credited as provided by law. A remittance other than cash

 

or electronic funds transfer shall not be a final discharge of

 

liability for the tax assessed and levied until the instrument

 

remitted has been honored. The department shall determine which

 

major credit cards may be accepted for payment.

 

     (2) For reporting periods beginning after August 31, 1991, a

 

taxpayer other than a city or a county who paid in the immediately

 

preceding calendar year an average of $40,000.00 or more per month

 

in income tax withholding pursuant to the income tax act of 1967,

 

1967 PA 281, MCL 206.1 to 206.532, shall deposit Michigan income

 

tax withholding either in the same manner and according to the same

 

schedule as deposits of federal income tax withholding or in

 

another manner that has been approved by the department.

 

     (3) For failure to remit a tax administered by this act with a

 

negotiable remittance, the following penalty may be added in

 

addition to any other penalties imposed by this act:

 

     (a) For notices of intent to assess issued on or before

 

February 28, 2003, 25% of the tax due.

 

     (b) For notices of intent to assess issued after February 28,

 

2003, $50.00.

 

     (4) The department may require that all money collected by the

 

taxpayer for taxes administered by this act that has not been paid

 

to the department of treasury is public money and the property of

 

this state, and shall be held in trust in a separate account and

 


fund for the sole use and benefit of this state until paid over to

 

the department. of treasury.

 

     (5) For tax years after the 1995 tax year for which taxes are

 

collected under an agreement entered into pursuant to section 9 of

 

chapter 1 of the city income tax act, 1964 PA 284, MCL 141.509, if

 

a taxpayer pays, when filing his or her annual return, an amount

 

less than the sum of the declared tax liability under the city

 

income tax act, 1964 PA 284, MCL 141.501 to 141.787, and the

 

declared tax liability under the income tax act of 1967, 1967 PA

 

281, MCL 206.1 to 206.532, and if there is no indication of the

 

allocation of payment between the tax liabilities against which the

 

payment should be applied, the amount paid shall first be applied

 

against the taxpayer's tax liability under the city income tax act,

 

1964 PA 284, MCL 141.501 to 141.787, and any remaining amount of

 

the payment shall be applied to the taxpayer's tax liability under

 

the income tax act of 1967, 1967 PA 281, MCL 206.1 to 206.532. The

 

taxpayer's designation of a payee on a payment is not a dispositive

 

determination of the allocation of that payment under this

 

subsection.