Bill Text: MI SB0369 | 2011-2012 | 96th Legislature | Engrossed
Bill Title: Michigan business tax; tax base; treatment of personal investment income and disregarded entities; clarify. Amends secs. 105, 111, 405 & 505 of 2007 PA 36 (MCL 208.1105 et. seq.) & adds sec. 512.
Spectrum: Bipartisan Bill
Status: (Passed) 2011-12-28 - Assigned Pa 0305'11 With Immediate Effect [SB0369 Detail]
Download: Michigan-2011-SB0369-Engrossed.html
SB-0369, As Passed House, December 13, 2011
HOUSE SUBSTITUTE FOR
SENATE BILL NO. 369
A bill to amend 2007 PA 36, entitled
"Michigan business tax act,"
by amending sections 105, 111, 405, and 505 (MCL 208.1105,
208.1111, 208.1405, and 208.1505), sections 105 and 405 as amended
by 2007 PA 145 and section 111 as amended by 2010 PA 133, and by
adding section 512.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 105. (1) "Business activity" means a transfer of legal or
equitable title to or rental of property, whether real, personal,
or mixed, tangible or intangible, or the performance of services,
or a combination thereof, made or engaged in, or caused to be made
or engaged in, whether in intrastate, interstate, or foreign
commerce, with the object of gain, benefit, or advantage, whether
direct or indirect, to the taxpayer or to others, but does not
include the services rendered by an employee to his or her employer
or services as a director of a corporation. Although an activity of
a taxpayer may be incidental to another or to other of his or her
business activities, each activity shall be considered to be
business engaged in within the meaning of this act.
(2) "Business income" means that part of federal taxable
income derived from business activity. For a partnership or S
corporation, business income includes payments and items of income
and expense that are attributable to business activity of the
partnership or S corporation and separately reported to the
partners or shareholders. For an organization that is a mutual or
cooperative electric company exempt under section 501(c)(12) of the
internal revenue code, business income equals the organization's
excess or deficiency of revenues over expenses as reported to the
federal government by those organizations exempt from the federal
income tax under the internal revenue code, less capital credits
paid to members of that organization, less income attributed to
equity in another organization's net income, and less income
resulting from a charge approved by a state or federal regulatory
agency that is restricted for a specified purpose and refundable if
it is not used for the specified purpose. For a tax-exempt person,
business income means only that part of federal taxable income
derived from unrelated business activity. For a person that is
organized exclusively to conduct investment activity and that does
not conduct investment activity for any person other than an
individual or a person related to that individual and for a common
trust fund established under the collective investments funds act,
1941 PA 174, MCL 555.101 to 555.113, business income excludes
income derived from investment activity unless the activity is in
the regular course of the person's trade or business. For purposes
of this subsection, a person is related to an individual if that
person is a spouse, brother or sister, whether of the whole or half
blood or by adoption, ancestor, lineal descendant of that
individual or related person, or a trust benefiting that individual
or 1 more persons related to that individual. For an individual,
estate,
partnership organized exclusively for estate or gift
planning
purposes, or trust or person organized exclusively for
estate or gift planning purposes, business income is that part of
federal taxable income derived from transactions, activities, and
sources
in the regular course of the taxpayer's person's trade or
business, including the following:
(a) All income from tangible and intangible property if the
acquisition, rental, lease, management, or disposition of the
property
constitutes integral parts of the taxpayer's person's
regular trade or business operations.
(b)
Gains or losses incurred in the taxpayer's person's trade
or business from stock and securities of any foreign or domestic
corporation and dividend and interest income.
(c)
Income derived from isolated sales, leases, assignment,
assignments, licenses, divisions, or other infrequently occurring
dispositions, transfers, or transactions involving tangible,
intangible, or real property if the property is or was used in the
taxpayer's
person's trade or business operation.
(d) Income derived from the sale of an interest in a business
that constitutes an integral part of the person's regular trade or
business.
(e) Income derived from the lease or rental of real property.
(f) (e)
Income not included in business
income for an
individual,
estate, partnership organized exclusively for estate or
gift
planning purposes, or trust or
person organized exclusively
for estate or gift planning purposes includes, but is not limited
to, the following:
(i) Personal Income from investment
activity, including
interest,
dividends, royalties, and gains from a personal an
investment portfolio or retirement account, if the investment
activity is not part of the person's trade or business.
(ii) Disposition Income from the disposition of
tangible,
intangible, or real property held for personal use and enjoyment,
such as a personal residence or personal assets.
Sec. 111. (1) "Gross receipts" means the entire amount
received by the taxpayer as determined by using the taxpayer's
method of accounting used for federal income tax purposes, less any
amount deducted as bad debt for federal income tax purposes that
corresponds to items of gross receipts included in the modified
gross receipts tax base for the current tax year or a past tax year
phased in over a 5-year period starting with 50% of that amount in
the 2008 tax year, 60% in the 2009 tax year, 60% in the 2010 tax
year, 75% in the 2011 tax year, and 100% in the 2012 tax year and
each tax year thereafter, from any activity whether in intrastate,
interstate, or foreign commerce carried on for direct or indirect
gain, benefit, or advantage to the taxpayer or to others except for
the following:
(a) Proceeds from sales by a principal that the taxpayer
collects in an agency capacity solely on behalf of the principal
and delivers to the principal.
(b) Amounts received by the taxpayer as an agent solely on
behalf of the principal that are expended by the taxpayer for any
of the following:
(i) The performance of a service by a third party for the
benefit of the principal that is required by law to be performed by
a licensed person.
(ii) The performance of a service by a third party for the
benefit of the principal that the taxpayer has not undertaken a
contractual duty to perform.
(iii) Principal and interest under a mortgage loan or land
contract, lease or rental payments, or taxes, utilities, or
insurance premiums relating to real or personal property owned or
leased by the principal.
(iv) A capital asset of a type that is, or under the internal
revenue code will become, eligible for depreciation, amortization,
or accelerated cost recovery by the principal for federal income
tax purposes, or for real property owned or leased by the
principal.
(v) Property not described under subparagraph (iv) that is
purchased by the taxpayer on behalf of the principal and that the
taxpayer does not take title to or use in the course of performing
its contractual business activities.
(vi) Fees, taxes, assessments, levies, fines, penalties, or
other payments established by law that are paid to a governmental
entity and that are the legal obligation of the principal.
(c) Amounts that are excluded from gross income of a foreign
corporation engaged in the international operation of aircraft
under section 883(a) of the internal revenue code.
(d) Amounts received by an advertising agency used to acquire
advertising media time, space, production, or talent on behalf of
another person.
(e) Amounts received by a newspaper to acquire advertising
space not owned by that newspaper in another newspaper on behalf of
another person. This subdivision does not apply to any
consideration received by the taxpayer for acquiring that
advertising space.
(f) Notwithstanding any other provision of this section,
amounts received by a taxpayer that manages real property owned by
a third party that are deposited into a separate account kept in
the name of that third party and that are not reimbursements to the
taxpayer and are not indirect payments for management services that
the taxpayer provides to that third party.
(g) Proceeds from the taxpayer's transfer of an account
receivable if the sale that generated the account receivable was
included in gross receipts for federal income tax purposes. This
subdivision does not apply to a taxpayer that during the tax year
both buys and sells any receivables.
(h) Proceeds from any of the following:
(i) The original issue of stock or equity instruments or equity
issued by a regulated investment company as that term is defined
under section 851 of the internal revenue code.
(ii) The original issue of debt instruments.
(i) Refunds from returned merchandise.
(j) Cash and in-kind discounts.
(k) Trade discounts.
(l) Federal, state, or local tax refunds.
(m) Security deposits.
(n) Payment of the principal portion of loans.
(o) Value of property received in a like-kind exchange.
(p) Proceeds from a sale, transaction, exchange, involuntary
conversion, maturity, redemption, repurchase, recapitalization, or
other disposition or reorganization of tangible, intangible, or
real property, less any gain from the disposition or reorganization
to the extent that the gain is included in the taxpayer's federal
taxable income, if the property satisfies 1 or more of the
following:
(i) The property is a capital asset as defined in section
1221(a) of the internal revenue code.
(ii) The property is land that qualifies as property used in
the trade or business as defined in section 1231(b) of the internal
revenue code.
(iii) The property is used in a hedging transaction entered into
by the taxpayer in the normal course of the taxpayer's trade or
business primarily to manage the risk of exposure to foreign
currency fluctuations that affect assets, liabilities, profits,
losses, equity, or investments in foreign operations; interest rate
fluctuations; or commodity price fluctuations. For purposes of this
subparagraph, the actual transfer of title of real or tangible
personal property to another person is not a hedging transaction.
Only the overall net gain from the hedging transactions entered
into during the tax year is included in gross receipts. As used in
this subparagraph, "hedging transaction" means that term as defined
under section 1221 of the internal revenue code regardless of
whether the transaction was identified by the taxpayer as a hedge
for federal income tax purposes, provided, however, that
transactions excluded under this subparagraph and not identified as
a hedge for federal income tax purposes shall be identifiable to
the department by the taxpayer as a hedge in its books and records.
(iv) The property is investment and trading assets managed as
part of the person's treasury function. For purposes of this
subparagraph, a person principally engaged in the trade or business
of purchasing and selling investment and trading assets is not
performing a treasury function. Only the overall net gain from the
treasury function incurred during the tax year is included in gross
receipts. As used in this subparagraph, "treasury function" means
the pooling and management of investment and trading assets for the
purpose of satisfying the cash flow or liquidity needs of the
taxpayer's trade or business.
(q) The proceeds from a policy of insurance, a settlement of a
claim, or a judgment in a civil action less any proceeds under this
subdivision that are included in federal taxable income.
(r) For a sales finance company, as defined in section 2 of
the motor vehicle sales finance act, 1950 (Ex Sess) PA 27, MCL
492.102, and directly or indirectly owned in whole or in part by a
motor vehicle manufacturer as of January 1, 2008, and for a person
that is a broker or dealer as defined under section 78c(a)(4) or
(5) of the securities exchange act of 1934, 15 USC 78c, or a person
included in the unitary business group of that broker or dealer
that buys and sells for its own account, contracts that are subject
to the commodity exchange act, 7 USC 1 to 27f, amounts realized
from the repayment, maturity, sale, or redemption of the principal
of a loan, bond, or mutual fund, certificate of deposit, or similar
marketable instrument provided such instruments are not held as
inventory.
(s) For a sales finance company, as defined in section 2 of
the motor vehicle sales finance act, 1950 (Ex Sess) PA 27, MCL
492.102, and directly or indirectly owned in whole or in part by a
motor vehicle manufacturer as of January 1, 2008, and for a person
that is a broker or dealer as defined under section 78c(a)(4) or
(5) of the securities exchange act of 1934, 15 USC 78c, or a person
included in the unitary business group of that broker or dealer
that buys and sells for its own account, contracts that are subject
to the commodity exchange act, 7 USC 1 to 27f, the principal amount
received under a repurchase agreement or other transaction properly
characterized as a loan.
(t) For a mortgage company, proceeds representing the
principal balance of loans transferred or sold in the tax year. For
purposes of this subdivision, "mortgage company" means a person
that is licensed under the mortgage brokers, lenders, and servicers
licensing act, 1987 PA 173, MCL 445.1651 to 445.1684, or the
secondary mortgage loan act, 1981 PA 125, MCL 493.51 to 493.81, and
has greater than 90% of its revenues, in the ordinary course of
business, from the origination, sale, or servicing of residential
mortgage loans.
(u) For a professional employer organization, any amount
charged by a professional employer organization that represents the
actual cost of wages and salaries, benefits, worker's compensation,
payroll taxes, withholding, or other assessments paid to or on
behalf of a covered employee by the professional employer
organization under a professional employer arrangement.
(v) Any invoiced items used to provide more favorable floor
plan assistance to a person subject to the tax imposed under this
act than to a person not subject to this tax and paid by a
manufacturer, distributor, or supplier.
(w)
For an individual, estate, or other person organized for
estate or gift planning purposes, amounts received other than those
from transactions, activities, and sources in the regular course of
the
taxpayer's person's trade or business. For purposes of this
subdivision, all of the following apply:
(i) Amounts received from transactions, activities, and sources
in
the regular course of the taxpayer's person's business include,
but are not limited to, the following:
(A) Receipts from tangible and intangible property if the
acquisition, rental, lease, management, or disposition of the
property
constitutes integral parts of the taxpayer's person's
regular trade or business operations.
(B)
Receipts received in the course of the taxpayer's person's
trade or business from stock and securities of any foreign or
domestic corporation and dividend and interest income.
(C) Receipts derived from isolated sales, leases, assignments,
licenses, divisions, or other infrequently occurring dispositions,
transfers, or transactions involving tangible, intangible, or real
property
if the property is or was used in the taxpayer's person's
trade or business operation.
(D) Receipts derived from the sale of an interest in a
business
that constitutes an integral part of the taxpayer's
person's regular trade or business.
(E) Receipts derived from the lease or rental of real
property.
(ii) Receipts excluded from gross receipts include, but are not
limited to, the following:
(A) Receipts derived from investment activity, including
interest, dividends, royalties, and gains from an investment
portfolio or retirement account, if the investment activity is not
part
of the taxpayer's person's
trade or business.
(B) Receipts derived from the disposition of tangible,
intangible, or real property held for personal use and enjoyment,
such as a personal residence or personal assets.
(x) Receipts derived from investment activity other than
receipts from transactions, activities, and sources in the regular
course of the person's trade or business by a person that is
organized exclusively to conduct investment activity and that does
not conduct investment activity for any person other than an
individual or a person related to that individual or by a common
trust fund established under the collective investment funds act,
1941 PA 174, MCL 555.101 to 555.113. For purposes of this
subdivision, a person is related to an individual if that person is
a spouse, brother or sister, whether of the whole or half blood or
by adoption, ancestor, lineal descendent of that individual or
related person, or a trust benefiting that individual or 1 or more
persons related to that individual.
(y) Interest income and dividends derived from obligations or
securities of the United States government, this state, or any
governmental unit of this state. As used in this subdivision,
"governmental unit" means that term as defined in section 3 of the
shared credit rating act, 1985 PA 227, MCL 141.1053.
(z) Dividends and royalties received or deemed received from a
foreign operating entity or a person other than a United States
person, including, but not limited to, the amounts determined under
section 78 of the internal revenue code and sections 951 to 964 of
the internal revenue code, phased in over a 5-year period starting
with 50% of that amount in the 2008 tax year, 60% in the 2009 tax
year, 60% in the 2010 tax year, 75% in the 2011 tax year, and 100%
in the 2012 tax year and each tax year thereafter.
(aa) To the extent not deducted as purchases from other firms
under section 203, each of the following:
(i) Sales or use taxes collected from or reimbursed by a
consumer or other taxes the taxpayer collected directly from or was
reimbursed by a purchaser and remitted to a local, state, or
federal tax authority, phased in over a 5-year period starting with
50% of that amount in the 2008 tax year, 60% in the 2009 tax year,
60% in the 2010 tax year, 75% in the 2011 tax year, and 100% in the
2012 tax year and each tax year thereafter.
(ii) In the case of receipts from the sale of cigarettes or
tobacco products by a wholesale dealer, retail dealer, distributor,
manufacturer, or seller, an amount equal to the federal and state
excise taxes paid by any person on or for such cigarettes or
tobacco products under subtitle E of the internal revenue code or
other applicable state law, phased in over a 3-year period starting
with 60% of that amount in the 2008 tax year, 75% in the 2009 tax
year, and 100% in the 2010 tax year and each tax year thereafter.
(iii) In the case of receipts from the sale of motor fuel by a
person with a motor fuel tax license or a retail dealer, an amount
equal to federal and state excise taxes paid by any person on such
motor fuel under section 4081 of the internal revenue code or under
other applicable state law, phased in over a 5-year period starting
with 50% of that amount in the 2008 tax year, 60% in the 2009 tax
year, 60% in the 2010 tax year, 75% in the 2011 tax year, and 100%
in the 2012 tax year and each tax year thereafter.
(iv) In the case of receipts from the sale of beer, wine, or
intoxicating liquor by a person holding a license to sell,
distribute, or produce those products, an amount equal to federal
and state excise taxes paid by any person on or for such beer,
wine, or intoxicating liquor under subtitle E of the internal
revenue code or other applicable state law, phased in over a 5-year
period starting with 50% of that amount in the 2008 tax year, 60%
in the 2009 tax year, 60% in the 2010 tax year, 75% in the 2011 tax
year, and 100% in the 2012 tax year and each tax year thereafter.
(v) In the case of receipts from the sale of communication,
video, internet access and related services and equipment, any
government imposed tax, fee, or other imposition in the nature of a
tax or fee required by law, ordinance, regulation, ruling, or other
legal authority and authorized to be charged on a customer's bill
or invoice, phased in over a 5-year period starting with 50% of
that amount in the 2008 tax year, 60% in the 2009 tax year, 60% in
the 2010 tax year, 75% in the 2011 tax year, and 100% in the 2012
tax year and each tax year thereafter. This subparagraph does not
include the recovery of net income taxes, net worth taxes, property
taxes, or the tax imposed under this act.
(vi) In the case of receipts from the sale of electricity,
natural gas, or other energy source, any government imposed tax,
fee, or other imposition in the nature of a tax or fee required by
law, ordinance, regulation, ruling, or other legal authority and
authorized to be charged on a customer's bill or invoice, phased in
over a 5-year period starting with 50% of that amount in the 2008
tax year, 60% in the 2009 tax year, 60% in the 2010 tax year, 75%
in the 2011 tax year, and 100% in the 2012 tax year and each tax
year thereafter. This subparagraph does not include the recovery of
net income taxes, net worth taxes, property taxes, or the tax
imposed under this act.
(vii) Any deposit required under any of the following, phased
in over a 5-year period starting with 50% of that amount in the
2008 tax year, 60% in the 2009 tax year, 60% in the 2010 tax year,
75% in the 2011 tax year, and 100% in the 2012 tax year and each
tax year thereafter:
(A) 1976 IL 1, MCL 445.571 to 445.576.
(B) R 436.1629 of the Michigan administrative code.
(C) R 436.1723a of the Michigan administrative code.
(D) Any substantially similar beverage container deposit law
of another state.
(viii) An excise tax collected pursuant to the airport parking
tax act, 1987 PA 248, MCL 207.371 to 207.383, collected from or
reimbursed by a consumer and remitted as provided in the airport
parking tax act, 1987 PA 248, MCL 207.371 to 207.383, phased in
over a 5-year period starting with 50% of that amount in the 2008
tax year, 60% in the 2009 tax year, 60% in the 2010 tax year, 75%
in the 2011 tax year, and 100% in the 2012 tax year and each tax
year thereafter.
(bb) Amounts attributable to an ownership interest in a pass-
through entity, regulated investment company, real estate
investment trust, or cooperative corporation whose business
activities are taxable under section 203 or would be subject to the
tax under section 203 if the business activities were in this
state. For purposes of this subdivision:
(i) "Cooperative corporation" means those organizations
described under subchapter T of the internal revenue code.
(ii) "Pass-through" entity means a partnership, subchapter S
corporation, or other person, other than an individual, that is not
classified for federal income tax purposes as an association taxed
as a corporation.
(iii) "Real estate investment trust" means that term as defined
under section 856 of the internal revenue code.
(iv) "Regulated investment company" means that term as defined
under section 851 of the internal revenue code.
(cc) For a regulated investment company as that term is
defined under section 851 of the internal revenue code, receipts
derived from investment activity by that regulated investment
company.
(dd) For fiscal years that begin after September 30, 2009,
unless the state budget director certifies to the state treasurer
by January 1 of that fiscal year that the federally certified rates
for actuarial soundness required under 42 CFR 438.6 and that are
specifically developed for Michigan's health maintenance
organizations that hold a contract with this state for medicaid
services provide explicit adjustment for their obligations required
for payment of the tax under this act, amounts received by the
taxpayer during that fiscal year for medicaid premium or
reimbursement of costs associated with service provided to a
medicaid recipient or beneficiary.
(ee) For a taxpayer that provides health care management
consulting services, amounts received by the taxpayer as fees from
its clients that are expended by the taxpayer to reimburse those
clients for labor and nonlabor services that are paid by the client
and reimbursed to the client pursuant to a services agreement.
(2) "Insurance company" means an authorized insurer as defined
in section 106 of the insurance code of 1956, 1956 PA 218, MCL
500.106.
(3) "Internal revenue code" means the United States internal
revenue code of 1986 in effect on January 1, 2008 or, at the option
of the taxpayer, in effect for the tax year.
(4) "Inventory" means, except as provided in subdivision (e),
all of the following:
(a) The stock of goods held for resale in the regular course
of trade of a retail or wholesale business, including electricity
or natural gas purchased for resale.
(b) Finished goods, goods in process, and raw materials of a
manufacturing business purchased from another person.
(c) For a person that is a new motor vehicle dealer licensed
under the Michigan vehicle code, 1949 PA 300, MCL 257.1 to 257.923,
floor plan interest expenses for new motor vehicles. For purposes
of this subdivision, "floor plan interest" means interest paid that
finances any part of the person's purchase of new motor vehicle
inventory from a manufacturer, distributor, or supplier. However,
amounts attributable to any invoiced items used to provide more
favorable floor plan assistance to a person subject to the tax
imposed under this act than to a person not subject to this tax is
considered interest paid by a manufacturer, distributor, or
supplier.
(d) For a person that is a securities trader, broker, or
dealer or a person included in the unitary business group of that
securities trader, broker, or dealer that buys and sells for its
own account, contracts that are subject to the commodity exchange
act, 7 USC 1 to 27f, the cost of securities as defined under
section 475(c)(2) of the internal revenue code and for a securities
trader the cost of commodities as defined under section 475(e)(2)
and for a broker or dealer the cost of commodities as defined under
section 475(e)(2)(b), (c), and (d) of the internal revenue code,
excluding interest expense other than interest expense related to
repurchase agreements. As used in this subdivision:
(i) "Broker" means that term as defined under section 78c(a)(4)
of the securities exchange act of 1934, 15 USC 78c.
(ii) "Dealer" means that term as defined under section
78c(a)(5) of the securities exchange act of 1934, 15 USC 78c.
(iii) "Securities trader" means a person that engages in the
trade or business of purchasing and selling investments and trading
assets.
(e) Inventory does not include either of the following:
(i) Personal property under lease or principally intended for
lease rather than sale.
(ii) Property allowed a deduction or allowance for depreciation
or depletion under the internal revenue code.
(5) "Officer" means an officer of a corporation other than a
subchapter S corporation, including all of the following:
(a) The chairperson of the board.
(b) The president, vice president, secretary, or treasurer of
the corporation or board.
(c) Persons performing similar duties to persons described in
subdivisions (a) and (b).
Sec. 405. For the 2008 tax year, a taxpayer may claim a credit
against the tax imposed by this act equal to 1.52% of the
taxpayer's research and development expenses in this state in the
tax year. For the 2009 tax year and each tax year after 2009, a
taxpayer may claim a credit against the tax imposed by this act
equal to 1.90% of the taxpayer's research and development expenses
in this state in the tax year. The credit under this section
combined with the total combined credit allowed under section 403
shall not exceed 65% of the tax liability imposed under this act
before the imposition and levy of the surcharge under section 281.
As used in this section, "research and development expenses" means
qualified
research expenses as that term as is defined
in section
41(b) of the internal revenue code.
Sec. 505. (1) An annual or final return shall be filed with
the department in the form and content prescribed by the department
by the last day of the fourth month after the end of the taxpayer's
tax
year. Any final liability shall be remitted with this return.
by the last day of the fourth month after the end of the taxpayer's
tax year. A taxpayer, other than a taxpayer subject to the tax
imposed under chapter 2A or 2B, whose apportioned or allocated
gross receipts are less than $350,000.00 does not need to file a
return or pay the tax imposed under this act.
(2) If a taxpayer has apportioned or allocated gross receipts
for a tax year of less than 12 months, the amount in subsection (1)
shall be multiplied by a fraction, the numerator of which is the
number of months in the tax year and the denominator of which is
12.
(3) The department, upon application of the taxpayer and for
good cause shown, may extend the date for filing the annual return.
Interest at the rate under section 23(2) of 1941 PA 122, MCL
205.23, shall be added to the amount of the tax unpaid for the
period of the extension. The treasurer shall require with the
Senate Bill No. 369 (H-2) as amended December 13, 2011
application payment of the estimated tax liability unpaid for the
tax period covered by the extension.
(4) If a taxpayer is granted an extension of time within which
to file the federal income tax return for any tax year, the filing
of a copy of the request for extension together with a tentative
return and payment of an estimated tax with the department by the
due date provided in subsection (1) shall automatically extend the
due date for the filing of an annual or final return under this act
until the last day of the eighth month following the original due
date of the return. Interest at the rate under section 23(2) of
1941 PA 122, MCL 205.23, shall be added to the amount of the tax
unpaid for the period of the extension.
Sec. 512. (1) Notwithstanding any other provision of this act
except as provided under subsections (2) and (3), a person that is
a disregarded entity for federal income tax purposes under the
internal revenue code shall be classified as a disregarded entity
for purposes of this act.
(2) Notwithstanding subsection (1), a person that is a
disregarded entity for federal income tax purposes under the
internal revenue code that prior to January 1, 2012 [in an originally
filed return was treated as a person separate from its owner or prior to
December 1, 2011 in an amended return was treated as a person] separate from
its owner under this act for a tax year that begins after December
31, 2007, is not required to file an amended return with its owner
as a disregarded entity.
(3) Notwithstanding subsection (1), a person that is a
disregarded entity for federal income tax purposes under the
internal revenue code that prior to January 1, 2012 [in an originally
Senate Bill No. 369 (H-2) as amended December 13, 2011
filed return was treated as a person separate from its owner or prior to
December 1, 2011 in an amended return was treated as a person] separate from
its owner under this act for its first tax year that begins after
December 31, 2009, may [BE TREATED AS A PERSON] separate from its owner
under
this act for its tax year that begins after December 31, 2010 and
ends before January 1, 2012.
Enacting section 1. This amendatory act is curative and
intended to clarify the original intent of 2007 PA 36. This
amendatory act is retroactive and effective for taxes levied on and
after January 1, 2008.
