Bill Text: MI HB4481 | 2019-2020 | 100th Legislature | Introduced

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Bill Title: Individual income tax; rate; graduated rate; provide for. Amends sec. 51 of 1967 PA 281 (MCL 206.51).

Spectrum: Partisan Bill (Democrat 24-0)

Status: (Introduced - Dead) 2019-04-23 - Bill Electronically Reproduced 04/23/2019 [HB4481 Detail]

Download: Michigan-2019-HB4481-Introduced.html

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HOUSE BILL No. 4481

 

 

April 18, 2019, Introduced by Reps. Wittenberg, Warren, Ellison, Rabhi, Pagan, Hope, Sowerby, Hammoud, Neeley, Gay-Dagnogo, Sneller, Kennedy, Brixie, Hertel, Yancey, Guerra, Sabo, Garza, Tate, Tyrone Carter, Hoadley, Bolden, Whitsett and Love and referred to the Committee on Tax Policy.

 

     A bill to amend 1967 PA 281, entitled

 

"Income tax act of 1967,"

 

by amending section 51 (MCL 206.51), as amended by 2018 PA 588.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 51. (1) For receiving, earning, or otherwise acquiring

 

income from any source whatsoever, there is levied and imposed

 

under this part upon the taxable income of every person other than

 

a corporation a tax at the following rates in the following

 

circumstances:

 

     (a) On and after October 1, 2007 and before October 1, 2012,

 

4.35%.

 

     (b) Except as otherwise provided under subdivision (c), on On

 

and after October 1, 2012 through December 31, 2020, 4.25%.

 

     (c) For each tax year beginning on and after January 1, 2023,

if the percentage increase in the total general fund/general

 

purpose revenue from the immediately preceding fiscal year is

 

greater than the inflation rate for the same period and the

 

inflation rate is positive, then the current rate shall be reduced

 

by an amount determined by multiplying that rate by a fraction, the

 

numerator of which is the difference between the total general

 

fund/general purpose revenue from the immediately preceding state

 

fiscal year and the capped general fund/general purpose revenue and

 

the denominator of which is the total revenue collected from this

 

part in the immediately preceding state fiscal year. For purposes

 

of this subdivision only, the state treasurer, the director of the

 

senate fiscal agency, and the director of the house fiscal agency

 

shall determine whether the total revenue distributed to general

 

fund/general purpose revenue has increased as required under this

 

subdivision based on the comprehensive annual financial report

 

prepared and published by the department of technology, management,

 

and budget in accordance with section 23 of article IX of the state

 

constitution of 1963. The state treasurer, the director of the

 

senate fiscal agency, and the director of the house fiscal agency

 

shall make the determination under this subdivision no later than

 

the date of the January 2023 revenue estimating conference

 

conducted pursuant to sections 367a through 367f of the management

 

and budget act, 1984 PA 431, MCL 18.1367a to 18.1367f, and the date

 

of each January revenue estimating conference conducted each year

 

thereafter. As used in this subdivision:

 

     (i) "Capped general fund/general purpose revenue" means the

 

total general fund/general purpose revenue from the 2020-2021 state

fiscal year multiplied by the sum of 1 plus the product of 1.425

 

times the difference between a fraction, the numerator of which is

 

the consumer price index for the state fiscal year ending in the

 

tax year prior to the tax year for which the adjustment is being

 

made and the denominator of which is the Consumer Price Index for

 

the 2020-2021 state fiscal year, and 1.

 

     (ii) "Total general fund/general purpose revenue" means the

 

total general fund/general purpose revenue and other financing

 

sources as published in the comprehensive annual financial report

 

schedule of revenue and other financing sources – general fund for

 

that fiscal year plus any distribution made pursuant to section

 

51d.

 

     (c) Beginning on and after January 1, 2021, except as

 

otherwise provided under subsection (4) as follows:

 

     (i) For a single return as follows:

 

     (A) On the first $5,000.00, 4.0%.

 

     (B) On all over $5,000.00 but less than or equal to

 

$75,000.00, 4.25%.

 

     (C) On all over $75,000.00, 8.4%.

 

     (ii) For a joint return as follows:

 

     (A) On the first $10,000.00, 4.0%.

 

     (B) On all over $10,000.00 but less than or equal to

 

$150,000.00, 4.25%.

 

     (C) On all over $150,000.00, 8.4%.

 

     (2) Beginning January 1, 2000 and through November 30, 2018,

 

that percentage of the gross collections before refunds from the

 

tax levied under this section that is equal to 1.012% divided by

the income tax rate levied under this section shall be deposited in

 

the state school aid fund created in section 11 of article IX of

 

the state constitution of 1963. Except as otherwise provided under

 

this subsection, beginning December 1, 2018 and each state fiscal

 

year thereafter, through December 31, 2020, that percentage of the

 

gross collections before refunds from the tax levied under this

 

section that is equal to 0.954% divided by the income tax rate

 

levied under this section shall be deposited in the state school

 

aid fund created in section 11 of article IX of the state

 

constitution of 1963. However, if, in any 1 of the 2018-2019

 

through the 2021-2022 state fiscal years, or 2019-2020 state fiscal

 

year, the minimum foundation allowance falls below the 2017-2018

 

minimum foundation allowance established under section 20 of the

 

state school aid act of 1979, 1979 PA 94, MCL 388.1620, then for

 

that fiscal year that percentage of the gross collections before

 

refunds from the tax levied under this section that is equal to

 

1.012% divided by the income tax rate levied under this section

 

shall be deposited in the state school aid fund created in section

 

11 of article IX of the state constitution of 1963. Beginning

 

January 1, 2021, 22.74% of net collections after refunds from the

 

tax levied under this section shall be deposited in the state

 

school aid fund created in section 11 of article IX of the state

 

constitution of 1963.

 

     (3) In addition to the distributions under subsections (2) and

 

(4) and sections 51d, 51e, and 51f, beginning October 1, 2016, from

 

the revenue collected under this section an amount equal to 3.5% of

 

the average amount of farmland tax credits claimed under section

36109 of the natural resources and environmental protection act,

 

1994 PA 451, MCL 324.36109, for the immediately preceding 3 state

 

fiscal years shall be deposited into the agricultural preservation

 

fund created in section 36202 of the natural resources and

 

environmental protection act, 1994 PA 451, MCL 324.36202.

 

     (4) In addition to the distributions under subsections (2) and

 

(3) and sections 51d, 51e, and 51f, and subject to the limitation

 

under this subsection, beginning with the 2018-2019 state fiscal

 

year and each fiscal year thereafter, from the revenue collected

 

under this section $69,000,000.00 shall be deposited into the renew

 

Michigan fund created in section 51g. However, if, in any 1 of the

 

2018-2019 through the 2021-2022 state fiscal years, the minimum

 

foundation allowance falls below the 2017-2018 minimum foundation

 

allowance as provided in section 51(2) then no money shall be

 

deposited into the renew Michigan fund pursuant to this subsection

 

for that fiscal year.

 

     (5) For the 2022 tax year and each tax year after the 2022 tax

 

year, the taxable income amounts under subsection (1)(c) shall be

 

adjusted by the department for inflation by multiplying each amount

 

for the tax year beginning in 2020 by a fraction, the numerator of

 

which is the Midwest Employment Cost Index for the east north

 

central division for the state fiscal year ending in the tax year

 

prior to the tax year for which the adjustment is being made and

 

the denominator of which is the Midwest Employment Cost Index for

 

the east north central division for the 2018-2019 state fiscal

 

year. The resultant product shall be rounded to the nearest $100.00

 

increment. The department shall annualize rates provided in

subsection (1) as necessary. The applicable annualized rate shall

 

be imposed upon the taxable income of every person other than a

 

corporation for those tax years.

 

     (6) The taxable income of a nonresident shall be computed in

 

the same manner that the taxable income of a resident is computed,

 

subject to the allocation and apportionment provisions of this

 

part.

 

     (7) A resident beneficiary of a trust whose taxable income

 

includes all or part of an accumulation distribution by a trust, as

 

defined in section 665 of the internal revenue code, shall be

 

allowed a credit against the tax otherwise due under this part. The

 

credit shall be all or a proportionate part of any tax paid by the

 

trust under this part for any preceding taxable year that would not

 

have been payable if the trust had in fact made distribution to its

 

beneficiaries at the times and in the amounts specified in section

 

666 of the internal revenue code. The credit shall not reduce the

 

tax otherwise due from the beneficiary to an amount less than would

 

have been due if the accumulation distribution were excluded from

 

taxable income.

 

     (8) The taxable income of a resident who is required to

 

include income from a trust in his or her federal income tax return

 

under the provisions of 26 USC 671 to 679, shall include items of

 

income and deductions from the trust in taxable income to the

 

extent required by this part with respect to property owned

 

outright.

 

     (9) It is the intention of this section that the income

 

subject to tax of every person other than corporations shall be

computed in like manner and be the same as provided in the internal

 

revenue code subject to adjustments specifically provided for in

 

this part.

 

     (10) As used in this section:

 

     (a) "Consumer Price Index" means the United States Consumer

 

Price Index for all urban consumers as defined and reported by the

 

United States Department of Labor, Bureau of Labor Statistics.

 

     (b) "Inflation rate" means the annual percentage change in the

 

Consumer Price Index, as determined by the department, comparing

 

the 2 most recent completed state fiscal years.

 

     (a) "Midwest Employment Cost Index for the east north central

 

division" means the Midwest Employment Cost Index for the east

 

north central division for private workers as defined and reported

 

by the United States Department of Labor, Bureau of Labor

 

Statistics.

 

     (b) (c) "Person other than a corporation" means a resident or

 

nonresident individual or any of the following:

 

     (i) A partner in a partnership as defined in the internal

 

revenue code.

 

     (ii) A beneficiary of an estate or a trust as defined in the

 

internal revenue code.

 

     (iii) An estate or trust as defined in the internal revenue

 

code.

 

     (c) (d) "Taxable income" means taxable income as defined in

 

this part subject to the applicable source and attribution rules

 

contained in this part.

 

     Enacting section 1. This amendatory act does not take effect

unless Senate Joint Resolution G or House Joint Resolution ____

 

(request no. 00492'19) of the 100th Legislature becomes a part of

 

the state constitution of 1963 as provided in section 1 of article

 

XII of the state constitution of 1963.