HB-5711, As Passed House, June 3, 2004

SUBSTITUTE FOR

HOUSE BILL NO. 5711

                                                                             A bill to amend 1967 PA 281, entitled                                             

"Income tax act of 1967,"                                                   

(MCL 206.1 to 206.532) by adding section 269.                               

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1   Sec. 269.  (1) For tax years that begin after December 31,                  

2   2003, a taxpayer who removes and replaces, or pays another person           

3   to remove and replace, 1 or more ash trees from his or her                  

4   property that are in a quarantine zone as determined by the                 

5   department of agriculture because the ash trees are infested with           

6   emerald ash borer may claim a credit against the tax imposed by             

7   this act equal to $100.00.                                                  

8       (2) A taxpayer who claims the credit under this section shall               

9   attach a statement to his or her annual tax return on which a               

10  credit under this section is claimed that states both of the                

11  following:                                                                  

1       (a) The ash trees that were removed were infested with                      

2   emerald ash borer.                                                          

3       (b) Each ash tree that was removed was replaced with another                

4   tree.                                                                       

5       (3) If the amount of the credit allowed under this section                  

6   exceeds the tax liability of the taxpayer for the tax year, that            

7   portion of the credit that exceeds the tax liability shall not be           

8   refunded.