2023 House Bill 4253 / Public Act 21

Use tax: exemptions; delivery and installation; exempt from use tax.

An act to amend 1937 PA 94, entitled “An act to provide for the levy, assessment, and collection of a specific excise tax on the storage, use, or consumption in this state of tangible personal property and certain services; to appropriate the proceeds of that tax; to prescribe penalties; and to make appropriations,” by amending sections 2 and 21 (MCL 205.92 and 205.111), section 2 as amended by 2018 PA 1 and section 21 as amended by 2021 PA 109.

House Fiscal Agency Analysis

House Bills 4039 and 4253 respectively amend the General Sales Tax Act and the Use Tax Act to exempt certain delivery and installation costs from inclusion in the sales price (in the Sales Tax Act) and purchase price (in the Use Tax Act) on which the taxes are based. Specifically, under the bills, sales and use taxes are not imposed on delivery or installation charges if those charges are separately stated on the invoice, bill of sale, or similar document provided to the purchaser and the seller maintained its books and records to show separately the transactions used to determine the tax levied by the applicable act. (However, this does not apply to charges for delivery of gas or electricity by a utility.)

Introduced in the House

March 9, 2023

Introduced by Rep. Kevin Coleman (D-25)

Referred to the Committee on Tax Policy

March 15, 2023

Reported with substitute H-1

March 16, 2023

Substitute H-1 concurred in by voice vote

Passed in the House 88 to 15 (details)

Motion to give immediate effect by Rep. Kara Hope (D-74)

The motion prevailed by voice vote

Received in the Senate

March 21, 2023

Referred to the Committee of the Whole

Reported without amendment

Passed in the Senate 35 to 1 (details)

Motion to give immediate effect by Sen. Sam Singh (D-28)

The motion prevailed by voice vote

Signed by Gov. Gretchen Whitmer

April 26, 2023