Bill Text: MI HB4963 | 2011-2012 | 96th Legislature | Introduced

---

Bill Title: Income tax; other; apportionment of tax base for a flow-through entity; clarify. Amends sec. 661 of 1967 PA 281 (MCL 206.661).

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2011-10-19 - Re-referred To Committee On Tax Policy [HB4963 Detail]

Download: Michigan-2011-HB4963-Introduced.html

---

 

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL No. 4963

 

September 13, 2011, Introduced by Rep. Nesbitt and referred to the Committee on Tax Policy.

 

     A bill to amend 1967 PA 281, entitled

 

"Income tax act of 1967,"

 

by amending section 661 (MCL 206.661), as added by 2011 PA 38.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 661. (1) Except as otherwise provided in this part, the

 

tax base established under this part shall be apportioned in

 

accordance with this chapter.

 

     (2) The tax base of a taxpayer whose business activities are

 

confined solely to this state shall be allocated to this state. The

 

tax base of a taxpayer whose business activities are subject to tax

 

both within and outside of this state shall be apportioned to this

 

state by multiplying the tax base by the sales factor calculated

 

under section 663. For a taxpayer that has a direct, or indirect

 

through 1 or more other flow-through entities, ownership interest

 

or beneficial interest in a flow-through entity, that has business

 

activity in this state, the taxpayer's business income that is

 

directly attributable to the business activity of the flow-through

 

entity shall be apportioned to this state using an apportionment

 

factor determined under section 663 based on the business activity

 

of the flow-through entity.

 

     (3) A taxpayer is subject to tax in another state in either of

 

the following circumstances:

 

     (a) The taxpayer is subject to a business privilege tax, a net

 

income tax, a franchise tax measured by net income, a franchise tax

 

for the privilege of doing business, or a corporate stock tax.

 

     (b) That state has jurisdiction to subject the taxpayer to 1

 

or more of the taxes listed in subdivision (a) regardless of

 

whether that state does or does not subject the taxpayer to that

 

tax.

 

     Enacting section 1. This amendatory act takes effect January

 

1, 2012.