2008 Senate Bill 1038 / Public Act 433

Revise gross receipts definition

Introduced in the Senate

Jan. 22, 2008

Introduced by Sen. Nancy Cassis (R-15)

To exclude from the definition of gross receipts subject to the Michigan Business Tax revenue from federal or Michigan government bond interest; certain corporate "treasury functions; any tax, fee, surcharge or bottle deposit amounts a firm is required to collect; dividends and royalties received from a foreign operating entity; and more.

Referred to the Committee on Finance

Which adopted versions of bills in the package that do not exclude revenue from "treasury functions" from MBT liability, and adds bottle deposits collected by a firm from being included as taxable gross receipts.

Feb. 5, 2008

Reported without amendment

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

Feb. 14, 2008

Substitute offered

To replace the previous version of the bill with one that does not exempt "treasury function" revenue, and amend it to also exclude certain Medicaid nursing home reimbursements, business equipment lease expenses, license fees, sale of fully depreciated property, and more.

The substitute passed by voice vote

Passed in the Senate 21 to 17 (details)

To exclude from the definition of gross receipts subject to the Michigan Business Tax revenue from federal or Michigan government bond interest; any tax, fee, surcharge or bottle deposit amounts a firm is required to collect; dividends and royalties received from a foreign operating entity; certain Medicaid nursing home reimbursements; certain business equipment lease expenses; state license fees; sale of fully depreciated property; and more.

Received in the House

Feb. 14, 2008

Referred to the Committee on Tax Policy

June 27, 2008

Reported without amendment

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

June 28, 2008

Substitute offered

To replace the previous version of the bill with one that adds additional gross reciepts exceptions and makes other changes.

The substitute passed by voice vote

Substitute offered by Rep. Matthew Gillard (D-106)

To replace the previous version of the bill with one that adds additional gross reciepts exceptions and tie-bars it to House Bills 4301 and 4628, meaning this bill cannot become law unless those ones do also. Those are Democratic-sponsored bills expanding the definition of "disabled" in the no-fault insurance law, and making it easier for unions to take PAC contributions from workers' paychecks without their permission.

The substitute passed by voice vote

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

To clarify the scope of certain proposed business tax deductions for telecommunications service taxes and utility taxes.

The amendment passed by voice vote

Passed in the House 103 to 1 (details)

To exclude from the definition of gross receipts subject to the Michigan Business Tax revenue from federal or Michigan government bond interest; any tax, fee, surcharge or bottle deposit amounts a firm is required to collect; dividends and royalties received from a foreign operating entity; certain Medicaid nursing home reimbursements; certain business equipment lease expenses; state license fees; sale of fully depreciated property; and more. The House "tie-barred" this to House Bills 4301 and 4628, meaning this bill cannot become law unless those ones do also. Those are Democratic-sponsored bills expanding the definition of "disabled" in the no-fault insurance law, and making it easier for unions to take PAC contributions from workers' paychecks without their permission.

Received in the Senate

Oct. 2, 2008

Substitute offered

To replace the previous version of the bill with one that adds additional gross reciepts exceptions, and removes the tie-bars added by the House to House Bills 4301 and 4628. Among the exceptions included in the bill are revenue from federal or Michigan government bond interest; any tax, fee, surcharge or bottle deposit amounts a firm is required to collect; dividends and royalties received from a foreign operating entity; certain Medicaid nursing home reimbursements; certain business equipment lease expenses; state license fees; sale of fully depreciated property; certain commercial lease income; certain insurance commissions; certain "media property" sales; certain securities dealer and broker or hedging activity revenue; and more.

The substitute passed 21 to 17 (details)

Amendment offered by Sen. Mark Jansen (R-28)

To revise the gross receipts definition to exclude certain amounts received from transactions involving a media (broadcast) property.

The amendment passed 28 to 10 (details)

Amendment offered by Sen. Mark Jansen (R-28)

To exempt from taxable gross receipts certain interest income received by a "federally chartered farm credit union" (Greenstone Finance Co.) which is used to cover it's cost of making loans.

The amendment passed 38 to 0 (details)

Amendment offered by Sen. Mark Schauer (D-19)

To tie-bar the bill to House Bills 4301 and 4628, meaning this bill cannot become law unless those ones do also. Those are Democratic-sponsored bills expanding the definition of "disabled" in the no-fault insurance law, and making it easier for unions to take PAC contributions from workers' paychecks without their permission.

The amendment failed 17 to 21 (details)

Passed in the Senate 27 to 11 (details)

To exclude revenue from various business activities specified in the bill from the definition of gross receipts subject to the Michigan Business Tax.

Motion

To give the bill immediate effect.

The motion passed 26 to 11 (details)

Received in the House

Oct. 15, 2008

Dec. 19, 2008

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

To replace the previous version of the bill with one that phases in the proposed tax changes over five years.

The substitute passed by voice vote

Amendment offered by Rep. Kathy Angerer (D-55)

To tie-bar the bill to House Bill 4257 and Senate Bill 1052, meaning this bill cannot become law unless those ones do also. HB 4257 expands homestead property tax credit eligibility for certain individuals and SB 1052 revises a certain Michigan Business Tax credit in a manner that primarily benefits Consumers Energy and Detroit Edison power companies.

The amendment passed by voice vote

Amendment offered by Rep. Kathy Angerer (D-55)

To exclude airport excise tax collections from the tax base of the company that operates the Metro Airport parking facilities.

The amendment passed by voice vote

Passed in the House 93 to 0 (details)

To exclude revenue from various business activities specified in the bill from the definition of gross receipts subject to the Michigan Business Tax. Among other things the bill phases out the inclusion of sales and various excise taxes collected by a business from its business tax base. See also Senate Bill 1052.

Received in the Senate

Dec. 19, 2008

Passed in the Senate 31 to 0 (details)

Received in the House

Dec. 19, 2008

To exclude revenue from various business activities specified in the bill from the definition of gross receipts subject to the Michigan Business Tax. Among other things the bill phases out the inclusion of sales and various excise taxes collected by a business from its business tax base.

Passed in the House 85 to 0 (details)

Signed by Gov. Jennifer Granholm

Dec. 31, 2008