ELECTRICITY: SALES & USE TAX - S.B. 988 & 989: REVISED COMMITTEE SUMMARY


Senate Bills 988 and 989 (as introduced 2-10-00)

Sponsor: Senator Joanne G. Emmons

Committee: Finance


Date Completed: 5-9-00


CONTENT


Senate Bill 988 would amend the General Sales Tax Act, and Senate Bill 989 would amend the Use Tax Act, to specify that, beginning September 20, 1999, the taxes would apply to the transmission and distribution of electricity, whether the electricity was purchased from the delivering utility or from another provider. Further, Senate Bill 989 provides that the use tax would apply to electricity, natural or artificial gas, or steam.


Currently, the General Sales Tax Act taxes the sale of electricity, natural or artificial gas, or steam, if the sale is made to the consumer or user for consumption or use rather than for resale. Senate Bill 988 would retain this provision, and require that the sale of the transmission and distribution of electricity also be made to the consumer or user for consumption or use.


MCL 205.51 (S.B. 988) - Legislative Analyst: G. Towne

205.92 (S.B. 989)


FISCAL IMPACT


Electricity. Under Michigan's current regulated electric industry, the price charged for electricity reflects the costs incurred to generate, transmit, and distribute the electricity, and the sales tax is assessed on this total price. If the electric industry in Michigan were deregulated as proposed in other legislation, the generation, transmission, distribution, and other aspects of providing electricity, plus any new transition charges, would be unbundled and appear as separate items on customers' bills. Under current sales tax law, an unbundled structure would allow the sales tax to be assessed only on the charge for purchasing electricity, a tangible product, from an in-State company, assuming the unbundled items would be provided by different businesses. The sales tax could not presently be assessed on electricity purchased from an out-of-State company, on the prices charged for the services of transmitting and distributing the electricity, or on the transition charge. Assuming a scenario was in place in FY 2000-01 that included, 1) unbundled electricity prices (at current levels), 2) the current sales tax law, and 3) the purchase of all electricity from in-State companies, then sales tax revenue would be reduced an estimated $131 million, which would reduce School Aid Fund revenue $87 million, revenue sharing $40 million, and General Fund/General Purpose revenue $4 million. Under the provisions in these bills, the sales and use taxes would continue to be assessed on the price of generating, transmitting, and distributing electricity even if the electric industry were deregulated; however, other current components of the price of electricity related to billing and ancillary charges, would not be taxed. Therefore, the bills would reduce the potential loss in sales tax revenue from the sale of electricity from $131 million to an estimated $20 million.


Natural Gas. The bills also would assure that the sales and use taxes would be assessed on the various unbundled components of the overall price of natural gas sold in the current unregulated market. Apparently, the different suppliers of natural gas are not currently assessing the sales tax uniformly on the various components of the overall price of natural gas. No fiscal analysis is available at this time on the impact these bills would have on sales and use tax collections from natural gas sales.


- Fiscal Analyst: J. WortleyS9900\s988sa

This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.