HOUSE BILL No. 4855

 

June 1, 2005, Introduced by Reps. Nofs and Wenke and referred to the Committee on Commerce.

 

     A bill to amend 1933 PA 167, entitled

 

"General sales tax act,"

 

by amending section 4x (MCL 205.54x), as amended by 2004 PA 173.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 4x. (1) A sale to a domestic air carrier of 1 or more of

 

the following is exempt from the tax under this act:

 

     (a) An aircraft that has a maximum certificated takeoff weight

 

of at least 6,000 pounds for use solely in the transport of air

 

cargo, passengers, or a combination of air cargo and passengers.

 

     (b) Parts and materials, excluding shop equipment or fuel,

 

affixed or to be affixed to an aircraft that has a maximum

 

certificated takeoff weight of at least 6,000 pounds for use solely

 

in the transport of air cargo, passengers, or a combination of air


 

cargo and passengers.

 

     (2) A sale of parts and materials, excluding shop equipment or

 

fuel, affixed or to be affixed to an aircraft not based or

 

registered in this state is exempt from the collection of taxes

 

under this act.

 

     (3) A sale of an aircraft that is temporarily located in this

 

state for the purpose of prepurchase evaluation or postsale work

 

and that will not be based or registered in this state following

 

the sale is exempt from the tax under this act.

 

     (4)  (2)  A sale of an aircraft to a person for subsequent

 

lease to a domestic air carrier operating under a certificate

 

issued by the federal aviation administration under 14 CFR 121, for

 

use solely in the regularly scheduled transport of passengers is

 

exempt from the tax under this act.

 

     (5)  (3)  As used in this section, "domestic air carrier" is

 

limited to entities engaged primarily in the commercial transport

 

for hire of air cargo, passengers, or a combination of air cargo

 

and passengers as a business activity.