HOUSE BILL No. 5312

October 16, 2007, Introduced by Reps. Proos, Johnson, Virgil Smith, Acciavatti, Pavlov, Moss, Marleau, Palsrok and Huizenga and referred to the Committee on Tax Policy.

 

     A bill to amend 2007 PA 36, entitled

 

"Michigan business tax act,"

 

(MCL 208.1101 to 208.1601) by adding section 451.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 451. (1) For the 2008 tax year, a taxpayer may claim a

 

credit against the tax imposed by this act equal to 50% of the

 

total amount invested in a program approved by the Michigan state

 

housing development authority that provides neighborhood

 

assistance, job training or education for individuals who are not

 

employed by the taxpayer, or community services or crime prevention

 

in an eligible distressed area or contributed by the taxpayer to a

 

neighborhood organization that engages in the activities of

 

providing neighborhood assistance, job training or education for

 

individuals who are not employed by the taxpayer, or community


 

services or crime prevention in an eligible distressed area, or

 

both. The amount allowable as a credit under this section that any

 

1 taxpayer may claim in a single tax year shall not exceed

 

$25,000.00. The total amount of all credits approved under this

 

section for a single tax year for all taxpayers for all tax years

 

shall not exceed $2,500,000.00.

 

     (2) A taxpayer shall not claim a credit under this section

 

unless the Michigan state housing development authority has issued

 

a certificate to the taxpayer. The taxpayer shall attach the

 

certificate to the return filed under this act on which a credit

 

under this section is claimed. The certificate required by this

 

subsection shall state all of the following:

 

     (a) The taxpayer invested in an approved program or

 

contributed to a neighborhood organization that provides

 

neighborhood assistance or participates in an approved program.

 

     (b) The amount of the investment or contribution made for the

 

designated tax year.

 

     (c) The taxpayer's federal employer identification number or

 

the Michigan treasury number assigned.

 

     (3) If the credit allowed under this section exceeds the

 

taxpayer's tax liability for the tax year, that portion that

 

exceeds the tax liability for the tax year shall be refundable.

 

     (4) As used in this section:

 

     (a) "Community services" means any type of counseling and

 

advice, emergency assistance, medical care, recreational

 

facilities, housing facilities, or economic development assistance

 

to individuals, groups, or neighborhood organizations in an


 

eligible distressed area.

 

     (b) "Crime prevention" means any activity which aids in the

 

reduction of crime in an eligible distressed area.

 

     (c) "Education" means any type of scholastic instruction or

 

scholarship assistance to an individual who resides in an eligible

 

distressed area that enables the individual to prepare for better

 

life opportunities.

 

     (d) "Eligible distressed area" means that term as defined in

 

section 11 of the state housing development authority act of 1966,

 

1966 PA 346, MCL 125.1411.

 

     (e) "Job training" means any type of instruction provided to

 

an individual who resides in an eligible distressed area that

 

enables the individual to acquire vocational skills so that the

 

individual can become employable or be able to seek a higher grade

 

of employment.

 

     (f) "Michigan state housing development authority" means the

 

authority created in section 21 of the state housing development

 

authority act of 1966, 1966 PA 346, MCL 125.1421.

 

     (g) "Neighborhood assistance" means either of the following:

 

     (i) Furnishing financial assistance, labor, material, and

 

technical advice to aid in the physical or economic improvement of

 

any part or all of an eligible distressed area.

 

     (ii) Furnishing technical advice to promote higher employment

 

in any neighborhood in this state.

 

     (h) "Neighborhood organization" means any organization that is

 

exempt under section 501 of the internal revenue code and that

 

performs community services in an eligible distressed area.


 

     Enacting section 1. This amendatory act takes effect January

 

1, 2008.

 

     Enacting section 2. This amendatory act does not take effect

 

unless all of the following bills of the 94th Legislature are

 

enacted into law:

 

     (a) Senate Bill No.____ or House Bill No. 5313(request no.

 

03642'07).

 

     (b) Senate Bill No.____ or House Bill No. 5311(request no.

 

03713'07 *).