November 13, 2003, Introduced by Rep. Wenke and referred to the Committee on Tax Policy.
A bill to amend 1967 PA 281, entitled
"Income tax act of 1967,"
by amending sections 191 and 352 (MCL 206.191 and 206.352),
section 352 as added by 1996 PA 568.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 191. (1) If the
taxpayer's only activities within in
2 this state consist of sales and do not include owning or renting
3 real estate property
or tangible personal property and whose
4 dollar volume of if the taxpayer's gross sales made during the
5 tax year within the in
this state is not in excess of
6 $100,000.00 the
taxpayer may elect for that year do
not exceed
7 $100,000.00 for tax years that begin before January 1, 2004 or
8 $110,000.00 for tax years that begin after December 31, 2003, the
9 taxpayer may elect to report and pay the tax imposed under this
10 act for the tax year using whichever of the following methods
1 results in the lesser tax liability:
2 (a) To report and
pay a tax on net income arrived at by
3 multiplying Multiplying total sales in this state for the
4 taxable tax year by the ratio of net income from
operations to
5 total sales as reported
on his the taxpayer's federal income
6 tax return for the same taxable
tax year. ; or
7 (b) Report and
pay a tax of 2/5 of 1% on Multiply total
8 sales in this state ,
whichever method reflects the lesser tax
9 liability by 2/5 of 1%.
10 (2) The election under subsection (1) is not available for
11 any taxable tax
year for which the taxpayer is required to file
12 a consolidated return.
is required.
13 Sec. 352. (1) For the 1997 tax year and each tax year after
14 the 1997 tax year, a taxpayer who is due a refund determined
15 under section 30 of Act
No. 122 of the Public Acts of 1941,
16 being section 205.30
of the Michigan Compiled Laws 1941
PA 122,
17 MCL 205.30, may request a direct deposit of that refund to a
18 financial institution of the taxpayer's choice that is located in
19 the United States by completing a direct deposit form prescribed
20 by the department and attaching the completed form to the
21 taxpayer's annual return.
22 (2) The department shall comply with a request under this
23 section unless the request is incomplete or defective in a manner
24 that precludes the department from honoring the request. If the
25 department does not honor the request, the department shall issue
26 a warrant, as provided in
Act No. 122 of the Public Acts of
27 1941, being sections
205.1 to 205.31 of the Michigan Compiled
1 Laws 1941 PA 122, MCL 205.1 to 205.31, and at the same
time
2 provide the taxpayer with a written explanation including the
3 specific reason for not honoring the taxpayer's request for
4 direct deposit.
5 (3) The department shall develop and make available the
6 direct deposit form prescribed under subsection (1) to provide
7 for direct deposit of a refund due to a taxpayer.