March 26, 2015, Introduced by Reps. Banks, Neeley, Dillon, Geiss, Garrett, Talabi, Gay-Dagnogo, Byrd, Faris, Hovey-Wright, Zemke, Singh, Townsend and Guerra and referred to the Committee on Judiciary.
A bill to amend 1941 PA 122, entitled
"An act to establish the revenue collection duties of the
department of treasury; to prescribe its powers and duties as the
revenue collection agency of this state; to prescribe certain
powers and duties of the state treasurer; to establish the
collection duties of certain other state departments for money or
accounts owed to this state; to regulate the importation, stamping,
and disposition of certain tobacco products; to provide for the
transfer of powers and duties now vested in certain other state
boards, commissions, departments, and offices; to prescribe certain
duties of and require certain reports from the department of
treasury; to provide procedures for the payment, administration,
audit, assessment, levy of interests or penalties on, and appeals
of taxes and tax liability; to prescribe its powers and duties if
an agreement to act as agent for a city to administer, collect, and
enforce the city income tax act on behalf of a city is entered into
with any city; to provide an appropriation; to abolish the state
board of tax administration; to prescribe penalties and provide
remedies; and to declare the effect of this act,"
by amending section 28 (MCL 205.28), as amended by 2014 PA 240.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 28. (1) The following conditions apply to all taxes
administered under this act unless otherwise provided for in the
specific tax statute:
(a) Notice, if required, shall be given either by personal
service or by certified mail addressed to the last known address of
the taxpayer. Service upon the department may be made in the same
manner.
(b) An injunction shall not issue to stay proceedings for the
assessment and collection of a tax.
(c) In addition to the mode of collection provided in this
act, the department may institute an action at law in any county in
which the taxpayer resides or transacts business.
(d) The state treasurer may request in writing information or
records in the possession of any other department, institution, or
agency of state government for the performance of duties under this
act. Departments, institutions, or agencies of state government
shall furnish the information and records upon receipt of the state
treasurer's request. Upon request of the state treasurer, any
department, institution, or agency of state government shall hold a
hearing under the administrative procedures act of 1969, 1969 PA
306, MCL 24.201 to 24.328, to consider withholding a license or
permit of a person for nonpayment of taxes or accounts collected
under this act.
(e) Except as otherwise provided in sections 23a and 30c, the
state treasurer or an employee of the department shall not
compromise or reduce in any manner the taxes due to or claimed by
this state or unpaid accounts or amounts due to any department,
institution, or agency of state government. This subdivision does
not prevent a compromise of interest or penalties, or both.
(f) Except as otherwise provided in this subdivision, in
subsection (6) or (7), or in section 23a, an employee, authorized
representative, or former employee or authorized representative of
the department or anyone connected with the department shall not
divulge any facts or information obtained in connection with the
administration of a tax or information or parameters that would
enable a person to ascertain the audit selection or processing
criteria of the department for a tax administered by the
department. An employee or authorized representative shall not
willfully inspect any return or information contained in a return
unless it is appropriate for the proper administration of a tax law
administered under this act. A person may disclose information
described in this subdivision if the disclosure is required for the
proper administration of a tax law administered under this act or
the general property tax act, 1893 PA 206, MCL 211.1 to 211.155,
pursuant
to under a judicial order sought by an agency charged with
the
duty of enforcing or investigating support obligations pursuant
to
under an order of a court in a domestic relations matter
as that
term is defined in section 2 of the friend of the court act, 1982
PA
294, MCL 552.502, or pursuant to under a judicial order
sought
by an agency of the federal, state, or local government charged
with the responsibility for the administration or enforcement of
criminal law for purposes of investigating or prosecuting criminal
matters or for federal or state grand jury proceedings or a
judicial order if the taxpayer's liability for a tax administered
under this act is to be adjudicated by the court that issued the
judicial order. A person required to disclose information under
section 10(1)(j) of the Michigan economic growth authority act,
1995 PA 24, MCL 207.810, may disclose the information only to the
individuals described in that section. A person may disclose the
adjusted gross receipts and the wagering tax paid by a casino
licensee licensed under the Michigan gaming control and revenue
act,
1996 IL 1, MCL 432.201 to 432.226, pursuant to under section
18 of this act, sections 341, 342, and 386 of the management and
budget act, 1984 PA 431, MCL 18.1341, 18.1342, and 18.1386, or
authorization by the executive director of the gaming control
board. However, the state treasurer or a person designated by the
state treasurer may divulge information set forth or disclosed in a
return or report or by an investigation or audit to any department,
institution, or agency of state government upon receipt of a
written request from a head of the department, institution, or
agency of state government if it is required for the effective
administration or enforcement of the laws of this state, to a
proper
officer of the United States department of treasury,
Department of Treasury, and to a proper officer of another state
reciprocating in this privilege. The state treasurer may enter into
reciprocal agreements with other departments of state government,
the United States department of treasury, local governmental units
within this state, or taxing officials of other states for the
enforcement, collection, and exchange of data after ascertaining
that any information provided will be subject to confidentiality
restrictions substantially the same as the provisions of this act.
The state treasurer may disclose the names and addresses of
taxpayers to the extent required under section 1310b of the revised
judicature act of 1961, 1961 PA 236, MCL 600.1310b.
(2) A person who violates subsection (1)(e), (1)(f), or (4) is
guilty of a felony, punishable by a fine of not more than
$5,000.00, or imprisonment for not more than 5 years, or both,
together with the costs of prosecution. In addition, if the offense
is committed by an employee of this state, the person shall be
dismissed from office or discharged from employment upon
conviction.
(3) A person liable for any tax administered under this act
shall keep accurate and complete records necessary for the proper
determination of tax liability as required by law or rule of the
department.
(4) A person who receives information under subsection (1)(f)
for the proper administration of the general property tax act, 1893
PA 206, MCL 211.1 to 211.155, shall not willfully disclose that
information for any purpose other than the administration of the
general property tax act, 1893 PA 206, MCL 211.1 to 211.155. A
person who violates this subsection is subject to the penalties
provided in subsection (2).
(5) A person identified in section 10(1) of the Michigan
economic growth authority act, 1995 PA 24, MCL 207.810, who
receives information under section 10(1)(j) of the Michigan
economic growth authority act, 1995 PA 24, MCL 207.810, as
permitted in subsection (1)(f), shall not willfully disclose that
information for any purpose other than the proper administration of
his or her legislative duties nor disclose that information to
anyone other than an employee of the legislature, who is also bound
by the same restrictions. A person who violates this subsection is
responsible for and subject to a civil fine of not more than
$5,000.00 per violation.
(6) The department shall annually prepare a report containing
statistics described in this subsection concerning the Michigan
business tax act, 2007 PA 36, MCL 208.1101 to 208.1601, for the
most recent tax year for which reliable return data have been
processed and cleared in the ordinary course of return processing
by the department. A copy of the report shall be provided to the
chairpersons of the senate and house of representatives standing
committees that have jurisdiction over matters relating to taxation
and finance, the director of the senate fiscal agency, and the
director of the house fiscal agency. The department shall report
the following information broken down by business sector and,
provided that no grouping consists of fewer than 10 taxpayers, by
firm size in compliance with subsection (1)(f) and in a manner that
does not result in the disclosure of information regarding any
specific taxpayer:
(a) Apportioned business income tax base.
(b) Apportioned modified gross receipts tax base.
(c) Business income tax liability.
(d) Use of credits.
(e) Modified gross receipts tax liability.
(f) Total final liability.
(g) Total liability before credits.
(7) A person may disclose the following information described
in this subsection:
(a) Information required to be reported under section 455 of
the Michigan business tax act, 2007 PA 36, MCL 208.1455.
(b) An application to enter into an agreement, a communication
denying an application to enter into an agreement, an agreement, a
postproduction certificate, a communication denying a
postproduction certificate, or the total amount of credits claimed
in a tax year under section 455 of the Michigan business tax act,
2007 PA 36, MCL 208.1455, notwithstanding section 455(6) of the
Michigan business tax act, 2007 PA 36, MCL 408.1455.
(c) An application to enter into an agreement, a communication
denying an application to enter into an agreement, an agreement, an
investment expenditure certificate, a communication denying an
investment expenditure certificate, or the total amount of credits
claimed in a tax year under section 457 of the Michigan business
tax act, 2007 PA 36, MCL 208.1457, notwithstanding section 457(6)
of the Michigan business tax act, 2007 PA 36, MCL 408.1457.
(d) An application to enter into an agreement, a communication
denying an application to enter into an agreement, an agreement, a
qualified job training expenditures certificate, a communication
denying a qualified job training expenditures certificate, or the
total amount of credits claimed in a tax year under section 459 of
the Michigan business tax act, 2007 PA 36, MCL 208.1459,
notwithstanding section 459(6) of the Michigan business tax act,
2007 PA 36, MCL 408.1459.
(8) As used in subsection (1), "adjusted gross receipts" and
"wagering tax" mean those terms as described in the Michigan gaming
control and revenue act, 1996 IL 1, MCL 432.201 to 432.226.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
Enacting section 2. This amendatory act does not take effect
unless Senate Bill No.____ or House Bill No. 4407 (request no.
02170'15) of the 98th Legislature is enacted into law.