HOUSE BILL No. 5412

 

November 7, 2007, Introduced by Reps. Bieda, Condino and Wenke 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) An eligible taxpayer may claim a credit against

 

the tax imposed by this act equal to the eligible taxpayer's tax

 

liability for the tax year after claiming any other credits allowed

 

under this act multiplied by a fraction, the numerator of which is

 

the total activity of the private equity fund manager conducted in

 

this state during the tax year and the denominator of which is the

 

total activity of the private equity fund manager conducted

 

everywhere during the tax year.

 

     (2) For purposes of this section, the location of the activity

 


of the private equity fund manager is based on the location of the

 

office from which the fund manager conducts management activity for

 

the eligible taxpayer.

 

     (3) As used in this section:

 

     (a) "Accredited investor" means that term as defined under

 

section 77b of the internal revenue code.

 

     (b) "Eligible taxpayer" means a taxpayer that is a private

 

equity fund which serves as a conduit for the investment of private

 

securities not listed on a public exchange by accredited investors

 

or qualified purchasers.

 

     (c) "Private equity fund manager" means the person or persons

 

responsible for the management of the investments of the eligible

 

taxpayer.

 

     (d) "Qualified purchaser" means that term as defined under

 

section 80a-2 of the internal revenue code.

 

     Enacting section 1. This amendatory act takes effect January

 

1, 2008.