Bill Text: MI HB6190 | 2009-2010 | 95th Legislature | Introduced

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Bill Title: Use tax; collections; prepayment collection process; revise. Amends sec. 6 of 1937 PA 94 (MCL 205.96).

Spectrum: Moderate Partisan Bill (Republican 7-1)

Status: (Introduced - Dead) 2010-05-20 - Printed Bill Filed 05/20/2010 [HB6190 Detail]

Download: Michigan-2009-HB6190-Introduced.html

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HOUSE BILL No. 6190

 

May 19, 2010, Introduced by Reps. Walsh, Tyler, Denby, LeBlanc, Green, Stamas, Haveman and Opsommer and referred to the Committee on Tax Policy.

 

     A bill to amend 1937 PA 94, entitled

 

"Use tax act,"

 

by amending section 6 (MCL 205.96), as amended by 2004 PA 172.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 6. (1) Every person storing, using, or consuming tangible

 

personal property or services, the storage, use, or consumption of

 

which is subject to the tax imposed by this act when the tax was

 

not paid to a seller, and every seller collecting the tax from the

 

purchaser, unless otherwise prescribed by the department under the

 

provisions of subsection (2), or (3), or (4), on or before the

 

twentieth day of each calendar month shall file with the department

 

a return for the preceding calendar month, in a form prescribed by

 

the department, showing the price of each purchase of tangible

 

personal property or services during the preceding month, and other

 

information the department considers necessary for the proper

 

administration of this act. At the same time, each person shall pay

 

to the department the amount of tax imposed by this act with

 

respect to the purchases covered by the return.

 

     (2) Beginning January 1, 1999 through June 30, 2009, each

 

seller that had a total tax liability after subtracting the tax

 

payments made to the secretary of state under this act or the

 

general sales tax act, 1933 PA 167, MCL 205.51 to 205.78, or after

 

subtracting the tax credits available under section 6a of the

 

general sales tax act, 1933 PA 167, MCL 205.56a, in the immediately

 

preceding calendar year of $720,000.00 or more shall remit to the

 

department, by an electronic funds transfer method approved by the

 

department on or before the twentieth day of the month, an amount

 

equal to 50% of the taxpayer's liability under this act for the

 

same month in the immediately preceding calendar year, or 50% of

 

the actual liability for the month being reported, whichever is

 

less, plus a reconciliation payment equal to the difference between

 

the tax liability determined for the immediately preceding month

 

minus the amount of tax previously paid for that month.

 

Additionally, the seller shall remit to the department, by an

 

electronic funds transfer method approved by the department on or

 

before the last day of the month, an amount equal to 50% of the

 

taxpayer's liability under this act for the same month in the

 

immediately preceding calendar year, or 50% of the actual liability

 

for the month being reported, whichever is less.

 

     (3) Beginning July 1, 2009, each taxpayer that had a total tax

 

liability after subtracting the tax payments made to the secretary

 

of state under this act or the general sales tax act, 1933 PA 167,

 

MCL 205.51 to 205.78, or after subtracting the tax credits

 

available under section 6a of the general sales tax act, 1933 PA

 

167, MCL 205.56a, in the immediately preceding calendar year of

 

$720,000.00 or more shall remit to the department, by an electronic

 

funds transfer method approved by the department on or before the

 

twentieth day of the month, an amount equal to 75% of the

 

taxpayer's liability under this act in the immediately preceding

 

month, plus a reconciliation payment equal to the difference

 

between the tax liability determined for the immediately preceding

 

month minus the amount of tax previously paid for that month.

 

Payment remitted to the department by electronic funds transfer may

 

include as a single payment any amount due under section 6 of the

 

general sales tax act, 1933 PA 167, MCL 205.56.

 

     (4) (3) If considered necessary to insure payment of the tax

 

or to provide a more efficient administration, the department may

 

require and prescribe the filing of returns and payment of the tax

 

for other than monthly periods.

 

     (5) (4) The tax imposed under this act shall accrue to this

 

state on the last day of each calendar month.

 

     (6) (5) If a due date falls on a Saturday, Sunday, state

 

holiday, or legal banking holiday, the taxes are due on the next

 

succeeding business day.