SENATE BILL No. 1402

 

 

June 19, 2008, Introduced by Senator CASSIS and referred to the Committee on Finance.

 

 

 

     A bill to amend 1967 PA 281, entitled

 

"Income tax act of 1967,"

 

(MCL 206.1 to 206.532) by adding section 277.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 277. (1) For the 2008 tax year and each tax year after

 

2008, except as otherwise provided under subsection (2), a taxpayer

 

may claim a credit against the tax imposed by this act equal to the

 

amount of qualified principal residence indebtedness that was

 

discharged upon the sale of the taxpayer's principal residence

 

during the tax year or $10,000.00, whichever is less.

 

     (2) The credit under subsection (1) does not apply to the

 

discharge of a loan if the discharge is on account of services

 

performed for the lender or any other factor not directly related

 

to a decline in the value of the residence or to the financial


 

condition of the taxpayer.

 

     (3) If the credit allowed by this section exceeds the tax

 

liability of the taxpayer for the tax year, that portion of the

 

credit that exceeds the tax liability shall not be refunded.

 

     (4) As used in this section:

 

     (a) "Principal residence" means that term as defined under

 

section 7dd of the general property tax act, 1893 PA 206, MCL

 

211.7dd, and for which an exemption is granted under section 7cc of

 

the general property tax act, 1893 PA 206, MCL 211.7cc.

 

     (b) "Qualified principal residence indebtedness" means any

 

indebtedness that is incurred in acquiring, constructing, or

 

substantially improving a principal residence of the taxpayer and

 

that is secured by the principal residence. Qualified principal

 

residence indebtedness includes any indebtedness secured by the

 

principal residence resulting from the refinancing of indebtedness,

 

but only to the extent that the amount of the indebtedness

 

resulting from the refinancing does not exceed the amount of the

 

original indebtedness.