Bill Text: MI HB4256 | 2009-2010 | 95th Legislature | Introduced

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Bill Title: Michigan business tax; other; relief during transition period for penalties and interest associated with the underpayment of estimated taxes; provide for. Amends sec. 501 of 2007 PA 36 (MCL 208.1501).

Spectrum: Strong Partisan Bill (Republican 11-1)

Status: (Introduced - Dead) 2009-02-17 - Printed Bill Filed 02/12/2009 [HB4256 Detail]

Download: Michigan-2009-HB4256-Introduced.html

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HOUSE BILL No. 4256

 

February 11, 2009, Introduced by Reps. Bolger, Paul Scott, Lund, Walsh, Pearce, Tyler, Meltzer, Knollenberg, Denby, Calley, Griffin and Lori and referred to the Committee on Tax Policy.

 

     A bill to amend 2007 PA 36, entitled

 

"Michigan business tax act,"

 

by amending section 501 (MCL 208.1501).

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 501. (1) A taxpayer that reasonably expects liability for

 

the tax year to exceed $800.00 shall file an estimated return and

 

pay an estimated tax for each quarter of the taxpayer's tax year.

 

     (2) For taxpayers on a calendar year basis, the quarterly

 

returns and estimated payments shall be made by April 15, July 15,

 

October 15, and January 15. Taxpayers not on a calendar year basis

 

shall file quarterly returns and make estimated payments on the

 

appropriate due date which in the taxpayer's fiscal year

 

corresponds to the calendar year.

 

     (3) The estimated payment made with each quarterly return of

 

each tax year shall be for the estimated business income tax base

 

and modified gross receipts tax base for the quarter or 25% of the

 

estimated annual liability. The second, third, and fourth estimated

 

payments in each tax year shall include adjustments, if necessary,

 

to correct underpayments or overpayments from previous quarterly

 

payments in the tax year to a revised estimate of the annual tax

 

liability.

 

     (4) The For the 2008 tax year, a penalty or interest provided

 

by this act shall not be assessed for an underpayment of an

 

estimated tax under this act if any of the following occur:

 

     (a) If the sum of the estimated payments equals at least 85%

 

of the liability and the amount of each estimated payment

 

reasonably approximates the tax liability incurred during the

 

quarter for which the estimated payment was made.

 

     (b) the taxpayer made a good faith effort to calculate its

 

liability under this act for the 2008 tax year and filed its

 

quarterly returns and estimated payments as required under this

 

section. For the 2009 tax year and each subsequent tax year, a

 

penalty or interest shall not be assessed if the preceding year's

 

tax liability under this act was $20,000.00 or less and if the

 

taxpayer submitted 4 equal installments the sum of which equals the

 

immediately preceding tax year's tax liability.

 

     (5) Each estimated return shall be made on a form prescribed

 

by the department and shall include an estimate of the annual tax

 

liability and other information required by the state treasurer.

 

The form prescribed under this subsection may be combined with any

 

other tax reporting form prescribed by the department.

 

     (6) With respect to a taxpayer filing an estimated tax return

 

for the taxpayer's first tax year of less than 12 months, the

 

amounts paid with each return shall be proportional to the number

 

of payments made in the first tax year.

 

     (7) Payments made under this section shall be a credit against

 

the payment required with the annual tax return required in section

 

505.

 

     (8) If the department considers it necessary to insure payment

 

of the tax or to provide a more efficient administration of the

 

tax, the department may require filing of the returns and payment

 

of the tax for other than quarterly or annual periods.

 

     (9) A taxpayer that elects under the internal revenue code to

 

file an annual federal income tax return by March 1 in the year

 

following the taxpayer's tax year and does not make a quarterly

 

estimate or payment, or does not make a quarterly estimate or

 

payment and files a tentative annual return with a tentative

 

payment by January 15 in the year following the taxpayer's tax year

 

and a final return by April 15 in the year following the taxpayer's

 

tax year, has the same option in filing the estimated and annual

 

returns required by this act.

 

     Enacting section 1. This amendatory act is retroactive and

 

effective January 1, 2008.