Bill Text: MI HB4377 | 2015-2016 | 98th Legislature | Introduced

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Bill Title: Individual income tax; returns; certain taxpayers who file a joint federal tax return; require to file joint state return. Amends secs. 30, 311, 504 & 522 of 1967 PA 281 (MCL 206.30 et seq.).

Spectrum: Partisan Bill (Democrat 38-0)

Status: (Introduced - Dead) 2015-03-25 - Printed Bill Filed 03/25/2015 [HB4377 Detail]

Download: Michigan-2015-HB4377-Introduced.html

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HOUSE BILL No. 4377

 

March 24, 2015, Introduced by Reps. Singh, Moss, Guerra, Hoadley, Greig, Pagan, Durhal, Derek Miller, Geiss, Irwin, Zemke, Schor, Kivela, Dillon, Faris, Plawecki, Sarah Roberts, Chirkun, Cochran, Chang, Wittenberg, Brunner, Smiley, Greimel, Byrd, Banks, Rutledge, Driskell, Talabi, Neeley, LaVoy, Yanez, Phelps, Brinks, Dianda, Liberati, Robinson and Hovey-Wright and referred to the Committee on Tax Policy.

 

      A bill to amend 1967 PA 281, entitled

 

"Income tax act of 1967,"

 

by amending sections 30, 311, 504, and 522 (MCL 206.30, 206.311,

 

206.504, and 206.522), section 30 as amended by 2012 PA 597,

 

section 311 as amended by 2011 PA 38, section 504 as amended by

 

1993 PA 328, and section 522 as amended by 2013 PA 206.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

 1        Sec. 30. (1) "Taxable income" means, for a person other than

 

 2  a corporation, estate, or trust, adjusted gross income as defined

 

 3  in the internal revenue code subject to the following adjustments

 

 4  under this section:

 

 5        (a) Add gross interest income and dividends derived from

 

 6  obligations or securities of states other than Michigan, in the

 

 7  same amount that has been excluded from adjusted gross income

 

 8  less related expenses not deducted in computing adjusted gross

 

 1  income because of section 265(a)(1) of the internal revenue code.

 

 2        (b) Add taxes on or measured by income to the extent the

 

 3  taxes have been deducted in arriving at adjusted gross income.

 

 4        (c) Add losses on the sale or exchange of obligations of the

 

 5  United States government, the income of which this state is

 

 6  prohibited from subjecting to a net income tax, to the extent

 

 7  that the loss has been deducted in arriving at adjusted gross

 

 8  income.

 

 9        (d) Deduct, to the extent included in adjusted gross income,

 

10  income derived from obligations, or the sale or exchange of

 

11  obligations, of the United States government that this state is

 

12  prohibited by law from subjecting to a net income tax, reduced by

 

13  any interest on indebtedness incurred in carrying the obligations

 

14  and by any expenses incurred in the production of that income to

 

15  the extent that the expenses, including amortizable bond

 

16  premiums, were deducted in arriving at adjusted gross income.

 

17        (e) Deduct, to the extent included in adjusted gross income,

 

18  the following:

 

19        (i) Compensation, including retirement benefits, received for

 

20  services in the armed forces of the United States.

 

21        (ii) Retirement or pension benefits under the railroad

 

22  retirement act of 1974, 45 USC 231 to 231v.

 

23        (iii) beginning Beginning January 1, 2012, retirement or

 

24  pension benefits received for services in the Michigan national

 

25  guard.National Guard.

 

26        (f) Deduct the following to the extent included in adjusted

 

27  gross income subject to the limitations and restrictions set

 

 1  forth in subsection (9):

 

 2        (i) Retirement or pension benefits received from a federal

 

 3  public retirement system or from a public retirement system of or

 

 4  created by this state or a political subdivision of this state.

 

 5        (ii) Retirement or pension benefits received from a public

 

 6  retirement system of or created by another state or any of its

 

 7  political subdivisions if the income tax laws of the other state

 

 8  permit a similar deduction or exemption or a reciprocal deduction

 

 9  or exemption of a retirement or pension benefit received from a

 

10  public retirement system of or created by this state or any of

 

11  the political subdivisions of this state.

 

12        (iii) Social security benefits as defined in section 86 of the

 

13  internal revenue code.

 

14        (iv) Beginning on and after January 1, 2007, retirement or

 

15  pension benefits not deductible under subparagraph (i) or

 

16  subdivision (e) from any other retirement or pension system or

 

17  benefits from a retirement annuity policy in which payments are

 

18  made for life to a senior citizen, to a maximum of $42,240.00 for

 

19  a single return and $84,480.00 for a joint return. The maximum

 

20  amounts allowed under this subparagraph shall be reduced by the

 

21  amount of the deduction for retirement or pension benefits

 

22  claimed under subparagraph (i) or subdivision (e) and by the

 

23  amount of a deduction claimed under subdivision (p). For the 2008

 

24  tax year and each tax year after 2008, the maximum amounts

 

25  allowed under this subparagraph shall be adjusted by the

 

26  percentage increase in the United States consumer price index for

 

27  the immediately preceding calendar year. The department shall

 

 1  annualize the amounts provided in this subparagraph as necessary.

 

 2  As used in this subparagraph, "senior citizen" means that term as

 

 3  defined in section 514.

 

 4        (v) The amount determined to be the section 22 amount

 

 5  eligible for the elderly and the permanently and totally disabled

 

 6  credit provided in section 22 of the internal revenue code.

 

 7        (g) Adjustments resulting from the application of section

 

 8  271.

 

 9        (h) Adjustments with respect to estate and trust income as

 

10  provided in section 36.

 

11        (i) Adjustments resulting from the allocation and

 

12  apportionment provisions of chapter 3.

 

13        (j) Deduct the following payments made by the taxpayer in

 

14  the tax year:

 

15        (i) For the 2010 tax year and each tax year after 2010, the

 

16  amount of a charitable contribution made to the advance tuition

 

17  payment fund created under section 9 of the Michigan education

 

18  trust act, 1986 PA 316, MCL 390.1429.

 

19        (ii) The amount of payment made under an advance tuition

 

20  payment contract as provided in the Michigan education trust act,

 

21  1986 PA 316, MCL 390.1421 to 390.1442.

 

22        (iii) The amount of payment made under a contract with a

 

23  private sector investment manager that meets all of the following

 

24  criteria:

 

25        (A) The contract is certified and approved by the board of

 

26  directors of the Michigan education trust to provide equivalent

 

27  benefits and rights to purchasers and beneficiaries as an advance

 

 1  tuition payment contract as described in subparagraph (ii).

 

 2        (B) The contract applies only for a state institution of

 

 3  higher education as defined in the Michigan education trust act,

 

 4  1986 PA 316, MCL 390.1421 to 390.1442, or a community or junior

 

 5  college in Michigan.

 

 6        (C) The contract provides for enrollment by the contract's

 

 7  qualified beneficiary in not less than 4 years after the date on

 

 8  which the contract is entered into.

 

 9        (D) The contract is entered into after either of the

 

10  following:

 

11        (I) The purchaser has had his or her offer to enter into an

 

12  advance tuition payment contract rejected by the board of

 

13  directors of the Michigan education trust, if the board

 

14  determines that the trust cannot accept an unlimited number of

 

15  enrollees upon an actuarially sound basis.

 

16        (II) The board of directors of the Michigan education trust

 

17  determines that the trust can accept an unlimited number of

 

18  enrollees upon an actuarially sound basis.

 

19        (k) If an advance tuition payment contract under the

 

20  Michigan education trust act, 1986 PA 316, MCL 390.1421 to

 

21  390.1442, or another contract for which the payment was

 

22  deductible under subdivision (j) is terminated and the qualified

 

23  beneficiary under that contract does not attend a university,

 

24  college, junior or community college, or other institution of

 

25  higher education, add the amount of a refund received by the

 

26  taxpayer as a result of that termination or the amount of the

 

27  deduction taken under subdivision (j) for payment made under that

 

 1  contract, whichever is less.

 

 2        (l) Deduct from the taxable income of a purchaser the amount

 

 3  included as income to the purchaser under the internal revenue

 

 4  code after the advance tuition payment contract entered into

 

 5  under the Michigan education trust act, 1986 PA 316, MCL 390.1421

 

 6  to 390.1442, is terminated because the qualified beneficiary

 

 7  attends an institution of postsecondary education other than

 

 8  either a state institution of higher education or an institution

 

 9  of postsecondary education located outside this state with which

 

10  a state institution of higher education has reciprocity.

 

11        (m) Add, to the extent deducted in determining adjusted

 

12  gross income, the net operating loss deduction under section 172

 

13  of the internal revenue code.

 

14        (n) Deduct a net operating loss deduction for the taxable

 

15  year as determined under section 172 of the internal revenue code

 

16  subject to the modifications under section 172(b)(2) of the

 

17  internal revenue code and subject to the allocation and

 

18  apportionment provisions of chapter 3 of this part for the

 

19  taxable year in which the loss was incurred.

 

20        (o) Deduct, to the extent included in adjusted gross income,

 

21  benefits from a discriminatory self-insurance medical expense

 

22  reimbursement plan.

 

23        (p) Beginning on and after January 1, 2007, subject to any

 

24  limitation provided in this subdivision, a taxpayer who is a

 

25  senior citizen may deduct to the extent included in adjusted

 

26  gross income, interest, dividends, and capital gains received in

 

27  the tax year not to exceed $9,420.00 for a single return and

 

 1  $18,840.00 for a joint return. The maximum amounts allowed under

 

 2  this subdivision shall be reduced by the amount of a deduction

 

 3  claimed for retirement benefits under subdivision (e) or a

 

 4  deduction claimed under subdivision (f)(i), (ii), (iv), or (v). For

 

 5  the 2008 tax year and each tax year after 2008, the maximum

 

 6  amounts allowed under this subdivision shall be adjusted by the

 

 7  percentage increase in the United States consumer price index for

 

 8  the immediately preceding calendar year. The department shall

 

 9  annualize the amounts provided in this subdivision as necessary.

 

10  Beginning January 1, 2012, the deduction under this subsection is

 

11  not available to a senior citizen born after 1945. As used in

 

12  this subdivision, "senior citizen" means that term as defined in

 

13  section 514.

 

14        (q) Deduct, to the extent included in adjusted gross income,

 

15  all of the following:

 

16        (i) The amount of a refund received in the tax year based on

 

17  taxes paid under this part.

 

18        (ii) The amount of a refund received in the tax year based on

 

19  taxes paid under the city income tax act, 1964 PA 284, MCL

 

20  141.501 to 141.787.

 

21        (iii) The amount of a credit received in the tax year based on

 

22  a claim filed under sections 520 and 522 to the extent that the

 

23  taxes used to calculate the credit were not used to reduce

 

24  adjusted gross income for a prior year.

 

25        (r) Add the amount paid by the state on behalf of the

 

26  taxpayer in the tax year to repay the outstanding principal on a

 

27  loan taken on which the taxpayer defaulted that was to fund an

 

 1  advance tuition payment contract entered into under the Michigan

 

 2  education trust act, 1986 PA 316, MCL 390.1421 to 390.1442, if

 

 3  the cost of the advance tuition payment contract was deducted

 

 4  under subdivision (j) and was financed with a Michigan education

 

 5  trust secured loan.

 

 6        (s) Deduct, to the extent included in adjusted gross income,

 

 7  any amount, and any interest earned on that amount, received in

 

 8  the tax year by a taxpayer who is a Holocaust victim as a result

 

 9  of a settlement of claims against any entity or individual for

 

10  any recovered asset pursuant to the German act regulating

 

11  unresolved property claims, also known as Gesetz zur Regelung

 

12  offener Vermogensfragen, as a result of the settlement of the

 

13  action entitled In re: Holocaust victim assets litigation, CV-96-

 

14  4849, CV-96-5161, and CV-97-0461 (E.D. NY), or as a result of any

 

15  similar action if the income and interest are not commingled in

 

16  any way with and are kept separate from all other funds and

 

17  assets of the taxpayer. As used in this subdivision:

 

18        (i) "Holocaust victim" means a person, or the heir or

 

19  beneficiary of that person, who was persecuted by Nazi Germany or

 

20  any Axis regime during any period from 1933 to 1945.

 

21        (ii) "Recovered asset" means any asset of any type and any

 

22  interest earned on that asset including, but not limited to, bank

 

23  deposits, insurance proceeds, or artwork owned by a Holocaust

 

24  victim during the period from 1920 to 1945, withheld from that

 

25  Holocaust victim from and after 1945, and not recovered,

 

26  returned, or otherwise compensated to the Holocaust victim until

 

27  after 1993.

 

 1        (t) Deduct, to the extent not deducted in determining

 

 2  adjusted gross income, both of the following:

 

 3        (i) Contributions made by the taxpayer in the tax year less

 

 4  qualified withdrawals made in the tax year from education savings

 

 5  accounts, calculated on a per education savings account basis,

 

 6  pursuant to the Michigan education savings program act, 2000 PA

 

 7  161, MCL 390.1471 to 390.1486, not to exceed a total deduction of

 

 8  $5,000.00 for a single return or $10,000.00 for a joint return

 

 9  per tax year. The amount calculated under this subparagraph for

 

10  each education savings account shall not be less than zero.

 

11        (ii) The amount under section 30f.

 

12        (u) Add, to the extent not included in adjusted gross

 

13  income, the amount of money withdrawn by the taxpayer in the tax

 

14  year from education savings accounts, not to exceed the total

 

15  amount deducted under subdivision (t) in the tax year and all

 

16  previous tax years, if the withdrawal was not a qualified

 

17  withdrawal as provided in the Michigan education savings program

 

18  act, 2000 PA 161, MCL 390.1471 to 390.1486. This subdivision does

 

19  not apply to withdrawals that are less than the sum of all

 

20  contributions made to an education savings account in all

 

21  previous tax years for which no deduction was claimed under

 

22  subdivision (t), less any contributions for which no deduction

 

23  was claimed under subdivision (t) that were withdrawn in all

 

24  previous tax years.

 

25        (v) A taxpayer who is a resident tribal member may deduct,

 

26  to the extent included in adjusted gross income, all nonbusiness

 

27  income earned or received in the tax year and during the period

 

 1  in which an agreement entered into between the taxpayer's tribe

 

 2  and this state pursuant to section 30c of 1941 PA 122, MCL

 

 3  205.30c, is in full force and effect. As used in this

 

 4  subdivision:

 

 5        (i) "Business income" means business income as defined in

 

 6  section 4 and apportioned under chapter 3.

 

 7        (ii) "Nonbusiness income" means nonbusiness income as defined

 

 8  in section 14 and, to the extent not included in business income,

 

 9  all of the following:

 

10        (A) All income derived from wages whether the wages are

 

11  earned within the agreement area or outside of the agreement

 

12  area.

 

13        (B) All interest and passive dividends.

 

14        (C) All rents and royalties derived from real property

 

15  located within the agreement area.

 

16        (D) All rents and royalties derived from tangible personal

 

17  property, to the extent the personal property is utilized within

 

18  the agreement area.

 

19        (E) Capital gains from the sale or exchange of real property

 

20  located within the agreement area.

 

21        (F) Capital gains from the sale or exchange of tangible

 

22  personal property located within the agreement area at the time

 

23  of sale.

 

24        (G) Capital gains from the sale or exchange of intangible

 

25  personal property.

 

26        (H) All pension income and benefits including, but not

 

27  limited to, distributions from a 401(k) plan, individual

 

 1  retirement accounts under section 408 of the internal revenue

 

 2  code, or a defined contribution plan, or payments from a defined

 

 3  benefit plan.

 

 4        (I) All per capita payments by the tribe to resident tribal

 

 5  members, without regard to the source of payment.

 

 6        (J) All gaming winnings.

 

 7        (iii) "Resident tribal member" means an individual who meets

 

 8  all of the following criteria:

 

 9        (A) Is an enrolled member of a federally recognized tribe.

 

10        (B) The individual's tribe has an agreement with this state

 

11  pursuant to section 30c of 1941 PA 122, MCL 205.30c, that is in

 

12  full force and effect.

 

13        (C) The individual's principal place of residence is located

 

14  within the agreement area as designated in the agreement under

 

15  sub-subparagraph (B).

 

16        (w) For tax years beginning after December 31, 2011,

 

17  eliminate all of the following:

 

18        (i) Income from producing oil and gas to the extent included

 

19  in adjusted gross income.

 

20        (ii) Expenses of producing oil and gas to the extent deducted

 

21  in arriving at adjusted gross income.

 

22        (2) Except as otherwise provided in subsection (7), a

 

23  personal exemption of $3,700.00 multiplied by the number of

 

24  personal or dependency exemptions allowable on the taxpayer's

 

25  federal income tax return pursuant to the internal revenue code

 

26  shall be subtracted in the calculation that determines taxable

 

27  income.

 

 1        (3) Except as otherwise provided in subsection (7), a single

 

 2  additional exemption determined as follows shall be subtracted in

 

 3  the calculation that determines taxable income in each of the

 

 4  following circumstances:

 

 5        (a) $1,800.00 for each taxpayer and every dependent of the

 

 6  taxpayer who is a deaf person as defined in section 2 of the deaf

 

 7  persons' interpreters act, 1982 PA 204, MCL 393.502; a

 

 8  paraplegic, a quadriplegic, or a hemiplegic; a person who is

 

 9  blind as defined in section 504; or a person who is totally and

 

10  permanently disabled as defined in section 522. When a dependent

 

11  of a taxpayer files an annual return under this part, the

 

12  taxpayer or dependent of the taxpayer, but not both, may claim

 

13  the additional exemption allowed under this subdivision. As used

 

14  in this subdivision, "dependent" means that term as defined in

 

15  section 30e.

 

16        (b) For tax years beginning after 2007, $250.00 for each

 

17  taxpayer and every dependent of the taxpayer who is a qualified

 

18  disabled veteran. When a dependent of a taxpayer files an annual

 

19  return under this part, the taxpayer or dependent of the

 

20  taxpayer, but not both, may claim the additional exemption

 

21  allowed under this subdivision. As used in this subdivision:

 

22        (i) "Qualified disabled veteran" means a veteran with a

 

23  service-connected disability.

 

24        (ii) "Service-connected disability" means a disability

 

25  incurred or aggravated in the line of duty in the active

 

26  military, naval, or air service as described in 38 USC 101(16).

 

27        (iii) "Veteran" means a person who served in the active

 

 1  military, naval, marine, coast guard, or air service and who was

 

 2  discharged or released from his or her service with an honorable

 

 3  or general discharge.

 

 4        (4) An individual with respect to whom a deduction under

 

 5  section 151 of the internal revenue code is allowable to another

 

 6  federal taxpayer during the tax year is not considered to have an

 

 7  allowable federal exemption for purposes of subsection (2), but

 

 8  may subtract $1,500.00 in the calculation that determines taxable

 

 9  income for a tax year.

 

10        (5) A nonresident or a part-year resident is allowed that

 

11  proportion of an exemption or deduction allowed under subsection

 

12  (2), (3), or (4) that the taxpayer's portion of adjusted gross

 

13  income from Michigan sources bears to the taxpayer's total

 

14  adjusted gross income.

 

15        (6) In calculating taxable income, a taxpayer shall not

 

16  subtract from adjusted gross income the amount of prizes won by

 

17  the taxpayer under the McCauley-Traxler-Law-Bowman-McNeely

 

18  lottery act, 1972 PA 239, MCL 432.1 to 432.47.

 

19        (7) For each tax year beginning on and after January 1,

 

20  2013, the personal exemption allowed under subsection (2) shall

 

21  be adjusted by multiplying the exemption for the tax year

 

22  beginning in 2012 by a fraction, the numerator of which is the

 

23  United States consumer price index for the state fiscal year

 

24  ending in the tax year prior to the tax year for which the

 

25  adjustment is being made and the denominator of which is the

 

26  United States consumer price index for the 2010-2011 state fiscal

 

27  year. The resultant product shall be rounded to the nearest

 

 1  $100.00 increment. As used in this section, "United States

 

 2  consumer price index" means the United States consumer price

 

 3  index for all urban consumers as defined and reported by the

 

 4  United States department of labor, bureau of labor statistics.

 

 5  Department of Labor, Bureau of Labor Statistics. For each tax

 

 6  year, the exemptions allowed under subsection (3) shall be

 

 7  adjusted by multiplying the exemption amount under subsection (3)

 

 8  for the tax year by a fraction, the numerator of which is the

 

 9  United States consumer price index for the state fiscal year

 

10  ending the tax year prior to the tax year for which the

 

11  adjustment is being made and the denominator of which is the

 

12  United States consumer price index for the 1998-1999 state fiscal

 

13  year. The resultant product shall be rounded to the nearest

 

14  $100.00 increment.

 

15        (8) As used in subsection (1)(f), "retirement or pension

 

16  benefits" means distributions from all of the following:

 

17        (a) Except as provided in subdivision (d), qualified pension

 

18  trusts and annuity plans that qualify under section 401(a) of the

 

19  internal revenue code, including all of the following:

 

20        (i) Plans for self-employed persons, commonly known as Keogh

 

21  or HR10 plans.

 

22        (ii) Individual retirement accounts that qualify under

 

23  section 408 of the internal revenue code if the distributions are

 

24  not made until the participant has reached 59-1/2 years of age,

 

25  except in the case of death, disability, or distributions

 

26  described by section 72(t)(2)(A)(iv) of the internal revenue code.

 

27        (iii) Employee annuities or tax-sheltered annuities purchased

 

 1  under section 403(b) of the internal revenue code by

 

 2  organizations exempt under section 501(c)(3) of the internal

 

 3  revenue code, or by public school systems.

 

 4        (iv) Distributions from a 401(k) plan attributable to

 

 5  employee contributions mandated by the plan or attributable to

 

 6  employer contributions.

 

 7        (b) The following retirement and pension plans not qualified

 

 8  under the internal revenue code:

 

 9        (i) Plans of the United States, state governments other than

 

10  this state, and political subdivisions, agencies, or

 

11  instrumentalities of this state.

 

12        (ii) Plans maintained by a church or a convention or

 

13  association of churches.

 

14        (iii) All other unqualified pension plans that prescribe

 

15  eligibility for retirement and predetermine contributions and

 

16  benefits if the distributions are made from a pension trust.

 

17        (c) Retirement or pension benefits received by a surviving

 

18  spouse if those benefits qualified for a deduction prior to the

 

19  decedent's death. Benefits received by a surviving child are not

 

20  deductible.

 

21        (d) Retirement and pension benefits do not include:

 

22        (i) Amounts received from a plan that allows the employee to

 

23  set the amount of compensation to be deferred and does not

 

24  prescribe retirement age or years of service. These plans

 

25  include, but are not limited to, all of the following:

 

26        (A) Deferred compensation plans under section 457 of the

 

27  internal revenue code.

 

 1        (B) Distributions from plans under section 401(k) of the

 

 2  internal revenue code other than plans described in subdivision

 

 3  (a)(iv).

 

 4        (C) Distributions from plans under section 403(b) of the

 

 5  internal revenue code other than plans described in subdivision

 

 6  (a)(iii).

 

 7        (ii) Premature distributions paid on separation, withdrawal,

 

 8  or discontinuance of a plan prior to the earliest date the

 

 9  recipient could have retired under the provisions of the plan.

 

10        (iii) Payments received as an incentive to retire early unless

 

11  the distributions are from a pension trust.

 

12        (9) In determining taxable income under this section, the

 

13  following limitations and restrictions apply:

 

14        (a) For a person born before 1946, this subsection provides

 

15  no additional restrictions or limitations under subsection

 

16  (1)(f).

 

17        (b) Except as otherwise provided in subdivision (c), for a

 

18  person born in 1946 through 1952, the sum of the deductions under

 

19  subsection (1)(f)(i), (ii), and (iv) is limited to $20,000.00 for a

 

20  single return and $40,000.00 for a joint return. After that

 

21  person reaches the age of 67, the deductions under subsection

 

22  (1)(f)(i), (ii), and (iv) do not apply and that person is eligible

 

23  for a deduction of $20,000.00 for a single return and $40,000.00

 

24  for a joint return, which deduction is available against all

 

25  types of income and is not restricted to income from retirement

 

26  or pension benefits. A person that who takes the deduction under

 

27  subsection (1)(e) is not eligible for the unrestricted deduction

 

 1  of $20,000.00 for a single return and $40,000.00 for a joint

 

 2  return under this subdivision.

 

 3        (c) Beginning January 1, 2013, for a person born in 1946

 

 4  through 1952 who receives retirement or pension benefits from

 

 5  employment with a governmental agency that was not covered by the

 

 6  federal social security act, chapter 531, 49 Stat. 620, the sum

 

 7  of the deductions under subsection (1)(f)(i), (ii), and (iv) is

 

 8  limited to $35,000.00 for a single return and, except as

 

 9  otherwise provided under this subdivision, $55,000.00 for a joint

 

10  return. If both of the husband and wife individuals filing a

 

11  joint return receive retirement or pension benefits from

 

12  employment with a governmental agency that was not covered by the

 

13  federal social security act, chapter 531, 49 Stat. 620, the sum

 

14  of the deductions under subsection (1)(f)(i), (ii), and (iv) is

 

15  limited to $70,000.00 for a joint return. After that person

 

16  reaches the age of 67, the deductions under subsection (1)(f)(i),

 

17  (ii), and (iv) do not apply and that person is eligible for a

 

18  deduction of $35,000.00 for a single return and $55,000.00 for a

 

19  joint return, or $70,000.00 for a joint return if applicable,

 

20  which deduction is available against all types of income and is

 

21  not restricted to income from retirement or pension benefits. A

 

22  person who takes the deduction under subsection (1)(e) is not

 

23  eligible for the unrestricted deduction of $35,000.00 for a

 

24  single return and $55,000.00 for a joint return, or $70,000.00

 

25  for a joint return if applicable, under this subdivision.

 

26        (d) For a person born after 1952 who has reached the age of

 

27  62 through 66 years of age and who receives retirement or pension

 

 1  benefits from employment with a governmental agency that was not

 

 2  covered by the federal social security act, chapter 532, 49 Stat.

 

 3  620, the sum of the deductions under subsection (1)(f)(i), (ii),

 

 4  and (iv) is limited to $15,000.00 for a single return and, except

 

 5  as otherwise provided under this subdivision, $15,000.00 for a

 

 6  joint return. If both of the husband and the wife individuals

 

 7  filing a joint return receive retirement or pension benefits from

 

 8  employment with a governmental agency that was not covered by the

 

 9  federal social security act, chapter 532, 49 Stat. 620, the sum

 

10  of the deductions under subsection (1)(f)(i), (ii), and (iv) is

 

11  limited to $30,000.00 for a joint return.

 

12        (e) Except as otherwise provided under subdivision (d), for

 

13  a person born after 1952, the deduction under subsection

 

14  (1)(f)(i), (ii), or (iv) does not apply. When that person reaches

 

15  the age of 67, that person is eligible for a deduction of

 

16  $20,000.00 for a single return and $40,000.00 for a joint return,

 

17  which deduction is available against all types of income and is

 

18  not restricted to income from retirement or pension benefits. If

 

19  a person takes the deduction of $20,000.00 for a single return

 

20  and $40,000.00 for a joint return, that person shall not take the

 

21  deduction under subsection (1)(f)(iii) and shall not take the

 

22  personal exemption under subsection (2). That person may elect

 

23  not to take the deduction of $20,000.00 for a single return and

 

24  $40,000.00 for a joint return and elect to take the deduction

 

25  under subsection (1)(f)(iii) and the personal exemption under

 

26  subsection (2) if that election would reduce that person's tax

 

27  liability. A person that who takes the deduction under subsection

 

 1  (1)(e) is not eligible for the unrestricted deduction of

 

 2  $20,000.00 for a single return and $40,000.00 for a joint return

 

 3  under this subdivision.

 

 4        (f) For a joint return, the limitations and restrictions in

 

 5  this subsection shall be applied based on the age of the older

 

 6  spouse filing the joint return.

 

 7        (10) As used in this section, "oil and gas" means oil and

 

 8  gas that is subject to severance tax under 1929 PA 48, MCL

 

 9  205.301 to 205.317.

 

10        Sec. 311. (1) The taxpayer on or before the due date set for

 

11  the filing of a return or the payment of the tax, except as

 

12  otherwise provided in this part, shall make out a return in the

 

13  form and content as prescribed by the department, verify the

 

14  return, and transmit it, together with a remittance of the amount

 

15  of the tax, to the department.

 

16        (2) Except as otherwise provided in subsection (5), the

 

17  department, upon application of the taxpayer and for good cause

 

18  shown, may extend under prescribed conditions the time for filing

 

19  the annual or final return required by this part. Before the

 

20  original due date, the taxpayer shall remit with an application

 

21  for extension the estimated tax due. In computing the tax due for

 

22  the tax year, interest at the rate established in, and penalties

 

23  imposed by, section 23 of 1941 PA 122, MCL 205.23, shall be added

 

24  to the amount of tax unpaid for the period of the extension. The

 

25  department may require a tentative return and payment of an

 

26  estimated tax.

 

27        (3) Taxpayers who are husband and wife and who file a joint

 

 1  federal income tax return pursuant to the internal revenue code

 

 2  shall file a joint return.

 

 3        (4) Except as provided in subsection (5), if the taxpayer

 

 4  has been granted an extension or extensions of time within which

 

 5  to file a final federal return for a taxable year, the filing of

 

 6  a copy of the extension or extensions automatically extends the

 

 7  due date of the final return under this part for an equivalent

 

 8  period. The taxpayer shall remit with the copy of the extension

 

 9  or extensions the estimated tax due. In computing the tax due for

 

10  the tax year, interest at the rate established in, and penalties

 

11  imposed by, section 23 of 1941 PA 122, MCL 205.23, shall be added

 

12  to the amount of tax unpaid for the period of the extension.

 

13        (5) If the taxpayer is eligible for an automatic extension

 

14  of time within which to file a federal return based on service in

 

15  a combat zone, the due date for filing an annual or final return

 

16  or a return and payment of an estimated tax under this part is

 

17  automatically extended for an equivalent period of time. The

 

18  taxpayer is not required to file a copy of any federal extension,

 

19  but shall print "COMBAT ZONE" in red ink at the top of his or her

 

20  return when the return is filed. The taxpayer is not required to

 

21  pay the amount of tax due at the time the return is originally

 

22  due, and the department shall not impose any interest or

 

23  penalties for the amount of tax unpaid for the period of the

 

24  extension.

 

25        Sec. 504. (1) "Blind" means a person with a permanent

 

26  impairment of both eyes of the following status: central visual

 

27  acuity of 20/200 or less in the better eye, with corrective

 

 1  glasses, or central visual acuity of more than 20/200 if there is

 

 2  a field defect in which the peripheral field has contracted to

 

 3  such an extent that the widest diameter of visual field subtends

 

 4  an angular distance of not greater than 20 degrees in the better

 

 5  eye.

 

 6        (2) "Claimant" means an individual natural person who filed

 

 7  a claim under this chapter and who was domiciled in this state

 

 8  during at least 6 months of the calendar year immediately

 

 9  preceding the year in which the claim is filed under this chapter

 

10  and includes a husband and wife if they are required to

 

11  individuals who file a joint state income tax return. The 6-month

 

12  residency requirement does not apply to a claimant who files for

 

13  the home heating credit under section 527a.

 

14        Sec. 522. (1) The amount of a claim made pursuant to this

 

15  chapter shall be determined as follows:

 

16        (a) A claimant who is not a senior citizen is entitled to a

 

17  credit against the state income tax liability under this part

 

18  equal to 60% of the amount by which the property taxes on the

 

19  homestead, or the credit for rental of the homestead for the tax

 

20  year, exceeds 3.5% of the claimant's total household resources

 

21  for that tax year.

 

22        (b) A claimant who is a senior citizen is entitled to a

 

23  credit against the state income tax liability under this part

 

24  equal to the following:

 

25        (i) For a claimant with total household resources of

 

26  $21,000.00 or less, an amount as determined in accordance with

 

27  subdivision (c).

 

 1        (ii) For a claimant with total household resources of more

 

 2  than $21,000.00 and less than or equal to $22,000.00, an amount

 

 3  equal to 96% of the difference between the property taxes on the

 

 4  homestead or the credit for rental of the homestead for the tax

 

 5  year and 3.5% of total household resources.

 

 6        (iii) For a claimant with total household resources of more

 

 7  than $22,000.00 and less than or equal to $23,000.00, an amount

 

 8  equal to 92% of the difference between the property taxes on the

 

 9  homestead or the credit for rental of the homestead for the tax

 

10  year and 3.5% of total household resources.

 

11        (iv) For a claimant with total household resources of more

 

12  than $23,000.00 and less than or equal to $24,000.00, an amount

 

13  equal to 88% of the difference between the property taxes on the

 

14  homestead or the credit for rental of the homestead for the tax

 

15  year and 3.5% of total household resources.

 

16        (v) For a claimant with total household resources of more

 

17  than $24,000.00 and less than or equal to $25,000.00, an amount

 

18  equal to 84% of the difference between the property taxes on the

 

19  homestead or the credit for rental of the homestead for the tax

 

20  year and 3.5% of total household resources.

 

21        (vi) For a claimant with total household resources of more

 

22  than $25,000.00 and less than or equal to $26,000.00, an amount

 

23  equal to 80% of the difference between the property taxes on the

 

24  homestead or the credit for rental of the homestead for the tax

 

25  year and 3.5% of total household resources.

 

26        (vii) For a claimant with total household resources of more

 

27  than $26,000.00 and less than or equal to $27,000.00, an amount

 

 1  equal to 76% of the difference between the property taxes on the

 

 2  homestead or the credit for rental of the homestead for the tax

 

 3  year and 3.5% of total household resources.

 

 4        (viii) For a claimant with total household resources of more

 

 5  than $27,000.00 and less than or equal to $28,000.00, an amount

 

 6  equal to 72% of the difference between the property taxes on the

 

 7  homestead or the credit for rental of the homestead for the tax

 

 8  year and 3.5% of total household resources.

 

 9        (ix) For a claimant with total household resources of more

 

10  than $28,000.00 and less than or equal to $29,000.00, an amount

 

11  equal to 68% of the difference between the property taxes on the

 

12  homestead or the credit for rental of the homestead for the tax

 

13  year and 3.5% of total household resources.

 

14        (x) For a claimant with total household resources of more

 

15  than $29,000.00 and less than or equal to $30,000.00, an amount

 

16  equal to 64% of the difference between the property taxes on the

 

17  homestead or the credit for rental of the homestead for the tax

 

18  year and 3.5% of total household resources.

 

19        (xi) For a claimant with total household resources of more

 

20  than $30,000.00, an amount equal to 60% of the difference between

 

21  the property taxes on the homestead or the credit for rental of

 

22  the homestead for the tax year and 3.5% of total household

 

23  resources.

 

24        (c) A claimant who is a senior citizen with total household

 

25  resources of $21,000.00 or less or a paraplegic, hemiplegic, or

 

26  quadriplegic and for tax years that begin after December 31,

 

27  1999, a claimant who is totally and permanently disabled, deaf,

 

 1  or, for tax years that begin after December 31, 2012, blind is

 

 2  entitled to a credit against the state income tax liability for

 

 3  the amount by which the property taxes on the homestead, the

 

 4  credit for rental of the homestead, or a service charge in lieu

 

 5  of ad valorem taxes as provided by section 15a of the state

 

 6  housing development authority act of 1966, 1966 PA 346, MCL

 

 7  125.1415a, for the tax year exceeds the percentage of the

 

 8  claimant's total household resources for that tax year computed

 

 9  as follows:

 

 

10      Total household resources                      Percentage

11      Not over $3,000.00                                 .0%

12      Over $3,000.00 but not over $4,000.00             1.0%

13      Over $4,000.00 but not over $5,000.00             2.0%

14      Over $5,000.00 but not over $6,000.00             3.0%

15      Over $6,000.00                                    3.5%

 

 

16        (d) A claimant who is an eligible serviceperson, eligible

 

17  veteran, or eligible widow or widower is entitled to a credit

 

18  against the state income tax liability for a percentage of the

 

19  property taxes on the homestead for the tax year not in excess of

 

20  100% determined as follows:

 

21        (i) Divide the taxable value allowance specified in section

 

22  506 by the taxable value of the homestead or, if the eligible

 

23  serviceperson, eligible veteran, or eligible widow or widower

 

24  leases or rents a homestead, divide 17% of the total annual rent

 

25  paid for tax years before the 1994 tax year, or 20% of the total

 

26  annual rent paid for tax years after the 1993 tax year on the

 

 1  property by the property tax rate on the property.

 

 2        (ii) Multiply the property taxes on the homestead by the

 

 3  percentage computed in subparagraph (i).

 

 4        (e) A claimant who is blind is entitled to a credit against

 

 5  the state income tax liability for a percentage of the property

 

 6  taxes on the homestead for the tax year determined as follows:

 

 7        (i) If the taxable value of the homestead is $3,500.00 or

 

 8  less, 100% of the property taxes.

 

 9        (ii) If the taxable value of the homestead is more than

 

10  $3,500.00, the percentage that $3,500.00 bears to the taxable

 

11  value of the homestead.

 

12        (2) A person who is qualified to make a claim under more

 

13  than 1 classification shall elect the classification under which

 

14  the claim is made.

 

15        (3) Only 1 claimant per household for a tax year is entitled

 

16  to the credit, unless both the husband and wife individuals

 

17  filing a joint return are blind, then each shall be considered a

 

18  claimant.

 

19        (4) As used in this section, "totally and permanently

 

20  disabled" means disability as defined in section 216 of title II

 

21  of the social security act, 42 USC 416.

 

22        (5) A senior citizen who has total household resources for

 

23  the tax year of $6,000.00 or less and who for 1973 received a

 

24  senior citizen homestead exemption under former section 7c of the

 

25  general property tax act, 1893 PA 206, may compute the credit

 

26  against the state income tax liability for a percentage of the

 

27  property taxes on the homestead for the tax year determined as

 

 1  follows:

 

 2        (a) If the taxable value of the homestead is $2,500.00 or

 

 3  less, 100% of the property taxes.

 

 4        (b) If the taxable value of the homestead is more than

 

 5  $2,500.00, the percentage that $2,500.00 bears to the taxable

 

 6  value of the homestead.

 

 7        (6) For a return of less than 12 months, the claim shall be

 

 8  reduced proportionately.

 

 9        (7) The department may prescribe tables that may be used to

 

10  determine the amount of the claim.

 

11        (8) The total credit allowed in this section for each year

 

12  after December 31, 1975 shall not exceed $1,200.00 per year.

 

13        (9) The total credit allowable under this part and part 361

 

14  of the natural resources and environmental protection act, 1994

 

15  PA 451, MCL 324.36101 to 324.36117, shall not exceed the total

 

16  property tax due and payable by the claimant in that year. The

 

17  amount by which the credit exceeds the property tax due and

 

18  payable shall be deducted from the credit claimed under part 361

 

19  of the natural resources and environmental protection act, 1994

 

20  PA 451, MCL 324.36101 to 324.36117.