2008 Senate Bill 1009 / Public Act 435

Exempt foreign businesses from MBT

Introduced in the Senate

Jan. 9, 2008

Introduced by Sen. Nancy Cassis (R-15)

To exempt “foreign persons” or companies not liable for U.S. federal taxes from taxation under the Michigan Business Tax. Reportedly this would be to retain the arrangement by which Michigan and Canada do not levy business tax on the other's firms. However the bill does not restrict the exemption to just Canadian firms.

Referred to the Committee on Finance

Jan. 22, 2008

Reported without amendment

With the recommendation that the substitute (S-1) be adopted and that the bill then pass.

Jan. 31, 2008

Substitute offered

To replace the previous version of the bill with one that limits the exemption to firms located in a "subnational jurisdiction" (presumably a Canadian province) that does not levy a tax on Michigan companies doing business there (but located here).

The substitute passed by voice vote

Feb. 5, 2008

Passed in the Senate 37 to 0 (details)

To exempt companies located in a "subnational jurisdiction" (presumably a Canadian province) that does not levy a tax on Michigan companies doing business there from taxation under the Michigan Business Tax. Reportedly this would be to retain the arrangement by which Michigan and Canada do not levy business tax on the other's firms.

Received in the House

Feb. 6, 2008

Referred to the Committee on Tax Policy

Dec. 10, 2008

Reported without amendment

With the recommendation that the substitute (H-3) be adopted and that the bill then pass.

Dec. 18, 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

Amendment offered by Rep. Kevin Elsenheimer (R-105)

To tie-bar the bill to Senate Bill 1038, meaning this bill cannot become law unless that one does also. SB 1038 excludes revenue from various business activities from the definition of gross receipts subject to the Michigan Business Tax.

The amendment passed by voice vote

Passed in the House 68 to 32 (details)

To exempt companies located in a "subnational jurisdiction" (presumably a Canadian province) that does not levy a tax on Michigan companies doing business there from taxation under the Michigan Business Tax. Reportedly this would be to retain the arrangement by which Michigan and Canada do not levy business tax on the other's firms.

Received in the Senate

Dec. 19, 2008

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

Passed in the Senate 36 to 0 (details)

Signed by Gov. Jennifer Granholm

Dec. 31, 2008