2024 Senate Bill 1050

Corporate income tax: flow-through entities; treatment of certain limited liability companies as a corporation; provide for.

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending sections 12, 607, 699, 701, 805, and 845 (MCL 206.12, 206.607, 206.699, 206.701, 206.805, and 206.845), sections 12 and 607 as amended by 2018 PA 38, section 699 as added by 2011 PA 309, section 701 as amended by 2022 PA 148, and sections 805 and 845 as added by 2021 PA 135, and by adding section 339.

AI Analysis – Experimental

The legislative text introduces amendments to the Income Tax Act of 1967, specifically targeting sections 12, 607, 699, 701, 805, and 845, and adding section 339. The primary objective of these amendments is to redefine certain tax-related terms and classifications, particularly concerning flow-through entities and their treatment under state tax law. A significant change is the introduction of section 339, which stipulates that entities converting into limited liability companies under specific conditions will be treated as corporations for state tax purposes unless they are disregarded entities for federal tax purposes. This change aims to align state tax treatment with federal tax classifications, ensuring consistency in tax obligations. Additionally, the amendments clarify the definition of "federal taxable income" by excluding certain sections of the Internal Revenue Code from consideration, thereby potentially altering the taxable income calculations for affected entities. The legislation also modifies the treatment of foreign operating entities by updating the reference to the Internal Revenue Code section that defines active foreign business income. These changes reflect an effort to streamline tax regulations and ensure that state tax laws are in harmony with federal tax codes. The enactment of this legislation is contingent upon the passage of related bills, Senate Bill Nos. 982, 983, and 984, indicating a broader legislative effort to reform tax laws comprehensively.

Introduced in the Senate

Oct. 23, 2024

Introduced by Sen. Sarah Anthony (D-21)

Referred to the Committee on Regulatory Affairs

Reported without amendment

Oct. 24, 2024

Referred to the Committee of the Whole

Oct. 30, 2024

Reported without amendment

Passed in the Senate 37 to 0 (details)

Received in the House

Nov. 7, 2024

Referred to the Committee on Regulatory Reform

Nov. 12, 2024

Referred to the Committee on Government Operations

Nov. 13, 2024

Reported without amendment

Dec. 4, 2024

Passed in the House 103 to 2 (details)

Motion to give immediate effect by Rep. Abraham Aiyash (D-9)

The motion prevailed by voice vote

Received in the Senate

Dec. 10, 2024

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

The motion prevailed by voice vote