Bill Text: MI SB0280 | 2013-2014 | 97th Legislature | Introduced

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Bill Title: Individual income tax; income; limitations and restrictions on deduction of certain retirement or pension benefits, treatment of senior citizens, and the homestead property tax credit; eliminate and restore. Amends secs. 30, 520 & 522 of 1967 PA 281 (MCL 206.30 et seq.).

Spectrum: Partisan Bill (Republican 5-0)

Status: (Introduced - Dead) 2013-04-11 - Discharge Committee Postponed [SB0280 Detail]

Download: Michigan-2013-SB0280-Introduced.html

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SENATE BILL No. 280

 

 

March 20, 2013, Introduced by Senators JONES, ROCCA, HUNE, HILDENBRAND and BRANDENBURG and referred to the Committee on Finance.

 

 

 

      A bill to amend 1967 PA 281, entitled

 

"Income tax act of 1967,"

 

by amending sections 30, 520, and 522 (MCL 206.30, 206.520, and

 

206.522), section 30 as amended by 2012 PA 597, section 520 as

 

amended by 2011 PA 273, and section 522 as amended by 2011 PA

 

180.

 

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

 

 1  same amount that has been excluded from adjusted gross income

 

 2  less related expenses not deducted in computing adjusted gross

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

10  income.

 

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

 

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

 

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

 

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

 

15  any interest on indebtedness incurred in carrying the obligations

 

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

 

17  the extent that the expenses, including amortizable bond

 

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

 

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

 

20  the following:

 

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

 

22  services in the armed forces of the United States.

 

23        (ii) Retirement or pension benefits under the railroad

 

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

 

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

 

26  pension benefits received for services in the Michigan national

 

27  guard.

 

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

 

 2  gross income: subject to the limitations and restrictions set

 

 3  forth in subsection (9):

 

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

 

 5  public retirement system or from a public retirement system of or

 

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

 

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

 

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

 

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

 

10  permit a similar deduction or exemption or a reciprocal deduction

 

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

 

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

 

13  the political subdivisions of this state.

 

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

 

15  internal revenue code.

 

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

 

17  pension benefits not deductible under subparagraph (i) or

 

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

 

19  benefits from a retirement annuity policy in which payments are

 

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

 

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

 

22  amounts allowed under this subparagraph shall be reduced by the

 

23  amount of the deduction for retirement or pension benefits

 

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

 

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

 

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

 

27  allowed under this subparagraph shall be adjusted by the

 

 1  percentage increase in the United States consumer price index for

 

 2  the immediately preceding calendar year. The department shall

 

 3  annualize the amounts provided in this subparagraph as necessary.

 

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

 

 5  defined in section 514.

 

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

 

 7  eligible for the elderly and the permanently and totally disabled

 

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

 

 9        (g) Adjustments resulting from the application of section

 

10  271.

 

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

 

12  provided in section 36.

 

13        (i) Adjustments resulting from the allocation and

 

14  apportionment provisions of chapter 3.

 

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

 

16  the tax year:

 

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

 

18  amount of a charitable contribution made to the advance tuition

 

19  payment fund created under section 9 of the Michigan education

 

20  trust act, 1986 PA 316, MCL 390.1429.

 

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

 

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

 

23  1986 PA 316, MCL 390.1421 to 390.1442.

 

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

 

25  private sector investment manager that meets all of the following

 

26  criteria:

 

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

 

 1  directors of the Michigan education trust to provide equivalent

 

 2  benefits and rights to purchasers and beneficiaries as an advance

 

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

 

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

 

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

 

 6  1986 PA 316, MCL 390.1421 to 390.1442, or a community or junior

 

 7  college in Michigan.

 

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

 

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

 

10  which the contract is entered into.

 

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

 

12  following:

 

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

 

14  advance tuition payment contract rejected by the board of

 

15  directors of the Michigan education trust, if the board

 

16  determines that the trust cannot accept an unlimited number of

 

17  enrollees upon an actuarially sound basis.

 

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

 

19  determines that the trust can accept an unlimited number of

 

20  enrollees upon an actuarially sound basis.

 

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

 

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

 

23  390.1442, or another contract for which the payment was

 

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

 

25  beneficiary under that contract does not attend a university,

 

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

 

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

 

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

 

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

 

 3  contract, whichever is less.

 

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

 

 5  included as income to the purchaser under the internal revenue

 

 6  code after the advance tuition payment contract entered into

 

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

 

 8  to 390.1442, is terminated because the qualified beneficiary

 

 9  attends an institution of postsecondary education other than

 

10  either a state institution of higher education or an institution

 

11  of postsecondary education located outside this state with which

 

12  a state institution of higher education has reciprocity.

 

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

 

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

 

15  of the internal revenue code.

 

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

 

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

 

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

 

19  internal revenue code and subject to the allocation and

 

20  apportionment provisions of chapter 3 of this part for the

 

21  taxable year in which the loss was incurred.

 

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

 

23  benefits from a discriminatory self-insurance medical expense

 

24  reimbursement plan.

 

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

 

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

 

27  senior citizen may deduct to the extent included in adjusted

 

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

 

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

 

 3  $18,840.00 for a joint return. The maximum amounts allowed under

 

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

 

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

 

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

 

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

 

 8  amounts allowed under this subdivision shall be adjusted by the

 

 9  percentage increase in the United States consumer price index for

 

10  the immediately preceding calendar year. The department shall

 

11  annualize the amounts provided in this subdivision as necessary.

 

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

 

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

 

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

 

15  section 514.

 

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

 

17  all of the following:

 

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

 

19  taxes paid under this part.

 

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

 

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

 

22  141.501 to 141.787.

 

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

 

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

 

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

 

26  adjusted gross income for a prior year.

 

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

 

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

 

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

 

 3  advance tuition payment contract entered into under the Michigan

 

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

 

 5  the cost of the advance tuition payment contract was deducted

 

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

 

 7  trust secured loan.

 

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

 

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

 

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

 

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

 

12  any recovered asset pursuant to the German act regulating

 

13  unresolved property claims, also known as Gesetz zur Regelung

 

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

 

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

 

16  4849, CV-96-5161, and CV-97-0461 (E.D. NY), or as a result of any

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

 1  returned, or otherwise compensated to the Holocaust victim until

 

 2  after 1993.

 

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

 

 4  adjusted gross income, both of the following:

 

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

 

 6  qualified withdrawals made in the tax year from education savings

 

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

 

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

 

 9  161, MCL 390.1471 to 390.1486, not to exceed a total deduction of

 

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

 

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

 

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

 

13        (ii) The amount under section 30f.

 

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

 

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

 

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

 

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

 

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

 

19  withdrawal as provided in the Michigan education savings program

 

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

 

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

 

22  contributions made to an education savings account in all

 

23  previous tax years for which no deduction was claimed under

 

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

 

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

 

26  previous tax years.

 

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

 

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

 

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

 

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

 

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

 

 5  205.30c, is in full force and effect. As used in this

 

 6  subdivision:

 

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

 

 8  section 4 and apportioned under chapter 3.

 

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

 

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

 

11  all of the following:

 

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

 

13  earned within the agreement area or outside of the agreement

 

14  area.

 

15        (B) All interest and passive dividends.

 

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

 

17  located within the agreement area.

 

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

 

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

 

20  the agreement area.

 

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

 

22  located within the agreement area.

 

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

 

24  personal property located within the agreement area at the time

 

25  of sale.

 

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

 

27  personal property.

 

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

 

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

 

 3  retirement accounts under section 408 of the internal revenue

 

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

 

 5  benefit plan.

 

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

 

 7  members, without regard to the source of payment.

 

 8        (J) All gaming winnings.

 

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

 

10  all of the following criteria:

 

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

 

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

 

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

 

14  full force and effect.

 

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

 

16  within the agreement area as designated in the agreement under

 

17  sub-subparagraph (B).

 

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

 

19  eliminate all of the following:

 

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

 

21  in adjusted gross income.

 

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

 

23  in arriving at adjusted gross income.

 

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

 

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

 

26  personal or dependency exemptions allowable on the taxpayer's

 

27  federal income tax return pursuant to the internal revenue code

 

 1  shall be subtracted in the calculation that determines taxable

 

 2  income.

 

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

 

 4  additional exemption determined as follows shall be subtracted in

 

 5  the calculation that determines taxable income in each of the

 

 6  following circumstances:

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

15  the additional exemption allowed under this subdivision. As used

 

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

 

17  section 30e.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

25  service-connected disability.

 

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

 

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

 

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

 

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

 

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

 

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

 

 5  or general discharge.

 

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

 

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

 

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

 

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

 

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

 

11  income for a tax year.

 

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

 

13  proportion of an exemption or deduction allowed under subsection

 

14  (2), (3), or (4) that the taxpayer's portion of adjusted gross

 

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

 

16  adjusted gross income.

 

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

 

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

 

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

 

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

 

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

 

22  2013, the personal exemption allowed under subsection (2) shall

 

23  be adjusted by multiplying the exemption for the tax year

 

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

 

25  United States consumer price index for the state fiscal year

 

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

 

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

 

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

 

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

 

 3  $100.00 increment. As used in this section, "United States

 

 4  consumer price index" means the United States consumer price

 

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

 

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

 

 7  For each tax year, the exemptions allowed under subsection (3)

 

 8  shall be adjusted by multiplying the exemption amount under

 

 9  subsection (3) for the tax year by a fraction, the numerator of

 

10  which is the United States consumer price index for the state

 

11  fiscal year ending the tax year prior to the tax year for which

 

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

 

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

 

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

 

15  $100.00 increment.

 

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

 

17  benefits" means distributions from all of the following:

 

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

 

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

 

20  internal revenue code, including all of the following:

 

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

 

22  or HR10 plans.

 

23        (ii) Individual retirement accounts that qualify under

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

 4  revenue code, or by public school systems.

 

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

 

 6  employee contributions mandated by the plan or attributable to

 

 7  employer contributions.

 

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

 

 9  under the internal revenue code:

 

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

 

11  this state, and political subdivisions, agencies, or

 

12  instrumentalities of this state.

 

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

 

14  association of churches.

 

15        (iii) All other unqualified pension plans that prescribe

 

16  eligibility for retirement and predetermine contributions and

 

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

 

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

 

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

 

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

 

21  deductible.

 

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

 

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

 

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

 

25  prescribe retirement age or years of service. These plans

 

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

 

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

 

 1  internal revenue code.

 

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

 

 3  internal revenue code other than plans described in subdivision

 

 4  (a)(iv).

 

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

 

 6  internal revenue code other than plans described in subdivision

 

 7  (a)(iii).

 

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

 

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

 

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

 

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

 

12  the distributions are from a pension trust.

 

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

 

14  following limitations and restrictions apply:

 

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

 

16  no additional restrictions or limitations under subsection

 

17  (1)(f).

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

27  or pension benefits. A person that takes the deduction under

 

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

 

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

 

 3  return under this subdivision.

 

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

 

 5  through 1952 who receives retirement or pension benefits from

 

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

 

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

 

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

 

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

 

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

 

11  return. If both the husband and wife filing a joint return

 

12  receive retirement or pension benefits from employment with a

 

13  governmental agency that was not covered by the federal social

 

14  security act, chapter 531, 49 Stat. 620, the sum of the

 

15  deductions under subsection (1)(f)(i), (ii), and (iv) is limited to

 

16  $70,000.00 for a joint return. After that person reaches the age

 

17  of 67, the deductions under subsection (1)(f)(i), (ii), and (iv) do

 

18  not apply and that person is eligible for a deduction of

 

19  $35,000.00 for a single return and $55,000.00 for a joint return,

 

20  or $70,000.00 for a joint return if applicable, which deduction

 

21  is available against all types of income and is not restricted to

 

22  income from retirement or pension benefits. A person who takes

 

23  the deduction under subsection (1)(e) is not eligible for the

 

24  unrestricted deduction of $35,000.00 for a single return and

 

25  $55,000.00 for a joint return, or $70,000.00 for a joint return

 

26  if applicable, under this subdivision.

 

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

 

 1  62 through 66 years of age and who receives retirement or pension

 

 2  benefits from employment with a governmental agency that was not

 

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

 

 4  620, the sum of the deductions under subsection (1)(f)(i), (ii),

 

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

 

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

 

 7  joint return. If both the husband and the wife filing a joint

 

 8  return receive retirement or pension benefits from employment

 

 9  with a governmental agency that was not covered by the federal

 

10  social security act, chapter 532, 49 Stat. 620, the sum of the

 

11  deductions under subsection (1)(f)(i), (ii), and (iv) is limited to

 

12  $30,000.00 for a joint return.

 

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

 

14  a person born after 1952, the deduction under subsection

 

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

 

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

 

17  $20,000.00 for a single return and $40,000.00 for a joint return,

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

25  $40,000.00 for a joint return and elect to take the deduction

 

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

 

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

 

 1  liability. A person that takes the deduction under subsection

 

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

 

 3  $20,000.00 for a single return and $40,000.00 for a joint return

 

 4  under this subdivision.

 

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

 

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

 

 7  spouse filing the joint return.

 

 8        (9) (10) As used in this section, "oil and gas" means oil

 

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

 

10  205.301 to 205.317.

 

11        Sec. 520. (1) Subject to the limitations and the definitions

 

12  in this chapter, a claimant may claim against the tax due under

 

13  this part for the tax year a credit for the property taxes on the

 

14  taxpayer's homestead deductible for federal income tax purposes

 

15  pursuant to section 164 of the internal revenue code, or that

 

16  would have been deductible if the claimant had not elected the

 

17  zero bracket amount or if the claimant had been subject to the

 

18  federal income tax. The property taxes used for the credit

 

19  computation shall not be greater than the amount levied for 1 tax

 

20  year. An owner is not eligible for a credit under this section if

 

21  the taxable value of his or her homestead excluding the portion

 

22  of a parcel of real property that is unoccupied and classified as

 

23  agricultural for ad valorem tax purposes in the year for which

 

24  the credit is claimed is greater than $135,000.00. As used in

 

25  this subsection, "taxable value" means that value determined

 

26  under section 27a of the general property tax act, 1893 PA 206,

 

27  MCL 211.27a.

 

 1        (2) A person who rents or leases a homestead may claim a

 

 2  similar credit computed under this section and section 522 based

 

 3  upon 17% of the gross rent paid for tax years before the 1994 tax

 

 4  year, or 20% of the gross rent paid for tax years after the 1993

 

 5  tax year. A person who rents or leases a homestead subject to a

 

 6  service charge in lieu of ad valorem taxes as provided by section

 

 7  15a of the state housing development authority act of 1966, 1966

 

 8  PA 346, MCL 125.1415a, may claim a similar credit computed under

 

 9  this section and section 522 based upon 10% of the gross rent

 

10  paid.

 

11        (3) If the credit claimed under this section and section 522

 

12  exceeds the tax liability for the tax year or if there is no tax

 

13  liability for the tax year, the amount of the claim not used as

 

14  an offset against the tax liability shall, after examination and

 

15  review, be approved for payment, without interest, to the

 

16  claimant. In determining the amount of the payment under this

 

17  subsection, withholdings and other credits shall be used first to

 

18  offset any tax liabilities.

 

19        (4) If the homestead is an integral part of a multipurpose

 

20  or multidwelling building that is federally aided housing or

 

21  state aided housing, a claimant who is a senior citizen entitled

 

22  to a payment under subsection (2) may assign the right to that

 

23  payment to a mortgagor if the mortgagor reduces the rent charged

 

24  and collected on the claimant's homestead in an amount equal to

 

25  the tax credit payment provided in this chapter. The assignment

 

26  of the claim is valid only if the Michigan state housing

 

27  development authority, by affidavit, verifies that the claimant's

 

 1  rent has been so reduced.

 

 2        (5) Only the renter or lessee shall claim a credit on

 

 3  property that is rented or leased as a homestead.

 

 4        (6) A person who discriminates in the charging or collection

 

 5  of rent on a homestead by increasing the rent charged or

 

 6  collected because the renter or lessee claims and receives a

 

 7  credit or payment under this chapter is guilty of a misdemeanor.

 

 8  Discrimination against a renter who claims and receives the

 

 9  credit under this section and section 522 by a reduction of the

 

10  rent on the homestead of a person who does not claim and receive

 

11  the credit is a misdemeanor. If discriminatory rents are charged

 

12  or collected, each charge or collection of the higher or lower

 

13  payment is a separate offense. Each acceptance of a payment of

 

14  rent is a separate offense.

 

15        (7) A person who received aid to families with dependent

 

16  children, state family assistance, or state disability assistance

 

17  pursuant to the social welfare act, 1939 PA 280, MCL 400.1 to

 

18  400.119b, in the tax year for which the person is filing a return

 

19  shall have a credit that is authorized and computed under this

 

20  section and section 522 reduced by an amount equal to the product

 

21  of the claimant's credit multiplied by the quotient of the sum of

 

22  the claimant's aid to families with dependent children, state

 

23  family assistance, and state disability assistance for the tax

 

24  year divided by the claimant's total household resources. The

 

25  reduction of credit shall not exceed the sum of the aid to

 

26  families with dependent children, state family assistance, and

 

27  state disability assistance for the tax year. For the purposes of

 

 1  this subsection, aid to families with dependent children does not

 

 2  include child support payments that offset or reduce payments

 

 3  made to the claimant.

 

 4        (8) A credit under subsection (1) or (2) shall be reduced by

 

 5  10% for each claimant whose total household resources exceed

 

 6  $41,000.00 $73,650.00 and by an additional 10% for each increment

 

 7  of $1,000.00 of total household resources in excess of

 

 8  $41,000.00.$73,650.00.

 

 9        (9) If the credit authorized and calculated under this

 

10  section and section 522 and adjusted under subsection (7) or (8)

 

11  does not provide to a senior citizen who rents or leases a

 

12  homestead that amount attributable to rent that constitutes more

 

13  than 40% of the total household resources of the senior citizen,

 

14  the senior citizen may claim a credit based upon the amount of

 

15  total household resources attributable to rent as provided by

 

16  this section.

 

17        (10) A senior citizen whose gross rent paid for the tax year

 

18  is more than the percentage of total household resources

 

19  specified in subsection (9) for the respective tax year may claim

 

20  a credit for the amount of rent paid that constitutes more than

 

21  the percentage of the total household resources of the senior

 

22  citizen specified in subsection (9) and that was not provided to

 

23  the senior citizen by the credit computed pursuant to this

 

24  section and section 522 and adjusted pursuant to subsection (7)

 

25  or (8).

 

26        (11) The department may promulgate rules to implement

 

27  subsections (9) to (15) and may prescribe a table to allow a

 

 1  claimant to determine the credit provided under this section and

 

 2  section 522 in the instruction booklet that accompanies the

 

 3  respective income tax or property tax credit forms used by

 

 4  claimants.

 

 5        (12) A senior citizen may claim the credit under subsections

 

 6  (9) to (15) on the same form as the property tax credit permitted

 

 7  by subsection (2). The department shall adjust the forms

 

 8  accordingly.

 

 9        (13) A senior citizen who moves to a different rented or

 

10  leased homestead shall determine, for 2 tax years after the move,

 

11  both his or her qualification to claim a credit under subsections

 

12  (9) to (15) and the amount of a credit under subsections (9) to

 

13  (15) on the basis of the annualized final monthly rental payment

 

14  at his or her previous homestead, if this annualized rental is

 

15  less than the senior citizen's actual annual rental payments.

 

16        (14) For a return of less than 12 months, the claim for a

 

17  credit under subsections (9) to (15) shall be reduced

 

18  proportionately.

 

19        (15) The total credit allowed by this section and section

 

20  522 shall not exceed $1,200.00 per year.

 

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

 

22  chapter shall be determined as follows:

 

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

 

24  credit against the state income tax liability under this part

 

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

 

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

 

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

 

 1  for that tax year.

 

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

 

 3  credit against the state income tax liability under this part

 

 4  equal to the following:

 

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

 

 6  $21,000.00 or less, an amount as determined in accordance with

 

 7  subdivision (c).

 

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

 

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

 

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

 

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

 

12  year and 3.5% of total household resources.

 

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

 

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

 

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

 

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

 

17  year and 3.5% of total household resources.

 

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

 

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

 

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

 

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

 

22  year and 3.5% of total household resources.

 

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

 

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

 

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

 

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

 

27  year and 3.5% of total household resources.

 

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

 

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

 

 3  equal to 80% 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        (vii) For a claimant with total household resources of more

 

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

 

 8  equal to 76% 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        (viii) For a claimant with total household resources of more

 

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

 

13  equal to 72% 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        (ix) For a claimant with total household resources of more

 

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

 

18  equal to 68% 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        (x) For a claimant with total household resources of more

 

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

 

23  equal to 64% 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        (xi) For a claimant with total household resources of more

 

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

 

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

 

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

 

 3  resources.

 

 4        (b) (c) A claimant who is a senior citizen with total

 

 5  household resources of $21,000.00 or less or a paraplegic,

 

 6  hemiplegic, or quadriplegic and for tax years that begin after

 

 7  December 31, 1999, a claimant who is totally and permanently

 

 8  disabled or deaf is entitled to a credit against the state income

 

 9  tax liability for the amount by which the property taxes on the

 

10  homestead, the credit for rental of the homestead, or a service

 

11  charge in lieu of ad valorem taxes as provided by section 15a of

 

12  the state housing development authority act of 1966, 1966 PA 346,

 

13  MCL 125.1415a, for the tax year exceeds the percentage of the

 

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

 

15  as follows:

 

 

16	Total household resources                      Percentage
17	Not over $3,000.00                                 .0%
18	Over $3,000.00 but not over $4,000.00             1.0%
19	Over $4,000.00 but not over $5,000.00             2.0%
20	Over $5,000.00 but not over $6,000.00             3.0%
21	Over $6,000.00                                    3.5%

 

 

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

 

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

 

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

 

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

 

26  100% determined as follows:

 

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

 

 2  506 by the taxable value of the homestead or, if the eligible

 

 3  serviceperson, eligible veteran, or eligible widow or widower

 

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

 

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

 

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

 

 7  property by the property tax rate on the property.

 

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

 

 9  percentage computed in subparagraph (i).

 

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

 

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

 

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

 

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

 

14  less, 100% of the property taxes.

 

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

 

16  $3,500.00, the percentage that $3,500.00 bears to the taxable

 

17  value of the homestead.

 

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

 

19  than 1 classification shall elect the classification under which

 

20  the claim is made.

 

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

 

22  to the credit, unless both the husband and wife filing a joint

 

23  return are blind, then each shall be considered a claimant.

 

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

 

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

 

26  of the social security act, 42 USC 416.

 

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

 

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

 

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

 

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

 

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

 

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

 

 6  follows:

 

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

 

 8  less, 100% of the property taxes.

 

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

 

10  $2,500.00, the percentage that $2,500.00 bears to the taxable

 

11  value of the homestead.

 

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

 

13  reduced proportionately.

 

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

 

15  determine the amount of the claim.

 

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

 

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

 

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

 

19  of the natural resources and environmental protection act, 1994

 

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

 

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

 

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

 

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

 

24  of the natural resources and environmental protection act, 1994

 

25  PA 451, MCL 324.36101 to 324.36117.