January 13, 2011, Introduced by Reps. Muxlow, Somerville, Yonker, Johnson, Daley, Huuki, Hooker and Knollenberg and referred to the Committee on Tax Policy.
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 liability incurred after December 31, 2007 and
before April 1, 2011, 21.99%.
(ii) For tax liability incurred after March 31, 2011 and before
October 1, 2011, 16.49%.
(iii) For tax liability incurred after September 30, 2011 and
before October 1, 2012, 10.99
(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 and before
January 1, 2010, and for tax liability incurred before April 1,
2011, 23.4%.
(iii) For tax liability incurred after March 31, 2011 and before
October 1, 2011, 17.55%.
(iv) For tax liability incurred after September 30, 2011 and
before October 1, 2012, 11.7%.
(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) 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.
(2) (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 through the 2010 tax year, $4,500,000.00 for
the 2011 tax year, and $3,000,000.00 for the 2012 tax year.
(3) (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.
(4) (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.