2008 House Bill 6122 / Public Act 473

Exempt corporation liquidation from real estate transfer tax

Introduced in the House

May 15, 2008

Introduced by Rep. Steve Bieda (D-25)

To extend the .75 percent state real estate transfer tax to contracts for the transfer or acquisition of a controlling interest in any entity with an interest in property, even though that interest may be designated as personal property. Such transfers are reportedly a method to avoid the tax. A property transfer from a corporation or a limited liability company to its owners or members, or its creditors, for purposes of dissolving the company would be exempt, however.

Referred to the Committee on Tax Policy

Sept. 24, 2008

Reported without amendment

With the recommendation that the substitute (H-2) be adopted and that the bill then pass.

Dec. 4, 2008

Substitute offered

To replace the previous version of the bill with one that expands its scope to deal with issues such as when the transfer tax is considered due, and the treatment of sales by land contract, and more. This version was superseded by another substitute with more changes.

The substitute failed by voice vote

Substitute offered by Rep. Steve Bieda (D-25)

To replace the previous version of the bill with one that expands its scope to deal with issues such as when the transfer tax is considered due, and the treatment of sales by land contract, and more.

The substitute passed by voice vote

Amendment offered by Rep. Steve Bieda (D-25)

To make the bill retroactive to the beginning of 2008.

The amendment passed by voice vote

Passed in the House 80 to 20 (details)

Received in the Senate

Dec. 10, 2008

Dec. 19, 2008

Substitute offered

To replace the previous version of the bill with one that revises details but does not change the substance of the bill as previously described.

The substitute passed by voice vote

Passed in the Senate 30 to 1 (details)

To extend the .75 percent state real estate transfer tax to contracts for the transfer or acquisition of a controlling interest in any entity with an interest in property, even though that interest may be designated as personal property. Such transfers are reportedly a method to avoid the tax. A property transfer from a corporation or a limited liability company to its owners or members, or its creditors, for purposes of dissolving the company would be exempt, however.

Received in the House

Dec. 19, 2008

To concur with the Senate-passed version of the bill.

Passed in the House 66 to 25 (details)

Signed by Gov. Jennifer Granholm

Dec. 31, 2008