2003 Senate Bill 863

Tax breaks for "start-up business"

Introduced in the Senate

Dec. 2, 2003

Introduced by Sen. Bill Hardiman (R-29)

To exempt the owner of a "qualified start-up business" from paying state income tax on earnings from the enterprise for five years. A "qualified start-up business" is defined as a firm that has fewer than 25 full-time equivalent employees, has annual sales of less than $1 million, has research and development expenses that make up at least 15-percent of its annual expenses, and is not publicly traded. This does not necessarily apply only to new firms, and the five year exemption is not necessarily the firm's first five years of operation.

Referred to the Committee on Finance

Dec. 10, 2003

Referred to the Committee on Economic Development, Small Business, and Regulatory Reform

Dec. 11, 2003

Reported without amendment

With the recommendation that the bill pass.

Feb. 10, 2004

Substitute offered

To replace the previous version of the bill with one that somewhat narrows the definition of qualified start up business to only include firms that did not have net income for two consecutive tax years.

The substitute passed by voice vote

Feb. 11, 2004

Substitute offered by Sen. Alan Sanborn (R-11)

To replace the previous version of the bill with one containing technical changes that do not affect its substance as previously described.

The substitute passed by voice vote

Amendment offered by Sen. Gilda Jacobs (D-14)

To establish that if the qualified start-up business leaves Michigan within three years after getting the tax credit, it must pay a proportional amount of the taxes it would have paid without the credit.

The amendment passed by voice vote

Passed in the Senate 38 to 0 (details)

To exempt the owner of a "qualified start-up business" from paying state income tax on earnings from the enterprise for five years. A "qualified start-up business" is defined as a firm that has fewer than 25 full-time equivalent employees, has annual sales of less than $1 million, has research and development expenses that make up at least 15-percent of its annual expenses, is not publicly traded, and did not have net income for two consecutive tax years. This does not necessarily apply only to new firms, and the proposed five year exemption is not necessarily the firm's first five years of operation.

Received in the House

Feb. 11, 2004

Referred to the Committee on Commerce

Feb. 12, 2004

Referred to the Committee on Tax Policy

April 21, 2004

Reported without amendment

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

April 27, 2004

Substitute offered

To replace the previous version of the bill with one that incorporates certain additional restrictions and requirements designed to more narrowly target the tax breaks at certain kinds of businesses, and make it harder for non-targeted firms to make themselves eligible by changing their business structure.

The substitute passed by voice vote

Amendment offered by Rep. Lorence Wenke (R-63)

To tie-bar the bill to House Bill 5331, meaning this bill cannot become law unless that one does also.

The amendment passed by voice vote

Passed in the House 81 to 26 (details)

To exempt the owner of a "qualified start-up business" from paying state income tax on earnings from the enterprise for five years. A "qualified start-up business" is defined as a firm that has fewer than 25 full-time equivalent employees, has annual sales of less than $1 million, has research and development expenses that make up at least 15-percent of its annual expenses, is not publicly traded, and did not have net income for two consecutive tax years. This does not necessarily apply only to new firms, and the proposed five year exemption is not necessarily the firm's first five years of operation.

Received in the Senate

April 28, 2004

May 13, 2004

Passed in the Senate 38 to 0 (details)

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

Vetoed by Gov. Jennifer Granholm

May 28, 2004