HB-5440, As Passed House, February 17, 2004

HOUSE BILL No. 5440

January 27, 2004, Introduced by Reps. Emmons, Hummel, LaJoy, Drolet, Amos, Steil, Nofs, Gaffney, Taub, Stakoe, Newell, Farhat and Pastor and referred to the Committee on Tax Policy.

                                                                             A bill to amend 1975 PA 228, entitled                                             

"Single business tax act,"                                                  

by amending section 80 (MCL 208.80), as added by 1985 PA 139.               

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1       Sec. 80.  (1) The tax imposed by this act shall be                          

2   administered by the revenue commissioner pursuant to  Act No. 122           

3   of the Public Acts of 1941, being sections 205.1 to 205.30 of the           

4   Michigan Compiled Laws 1941 PA 122, MCL 205.1 to 205.31, and               

5   this act.  In case of conflict between  Act No. 122 of the Public           

6   Acts of 1941 1941 PA 122, MCL 205.1 to 205.31, and this act, the           

7   provisions of this act will apply.                                          

8   (2) The department shall not require a person who prepares a                

9   tax return under this act on behalf of another person for                   

10  compensation to electronically file that return.

11  (3)  (2)  Rules shall be promulgated under this act pursuant                

1   to the administrative procedures act of 1969,  Act No. 306 of the           

2   Public Acts of 1969, being sections 24.201 to 24.328 of the                 

3   Michigan Compiled Laws 1969 PA 306, MCL 24.201 to 24.328.                  

4   (4)  (3)  The department shall prescribe forms for use by                   

5   taxpayers and shall promulgate rules in conformity with this act            

6   for the maintenance by taxpayers of records, books, and accounts,           

7   and for the computation of the tax, the manner and time of                  

8   changing or electing accounting methods and of exercising the               

9   various options contained in this act, the making of returns, and           

10  the ascertainment, assessment, and collection of the tax imposed            

11  under this act.                                                             

12  (5)  (4)  The tax imposed by this act is in addition to all                 

13  other taxes for which the taxpayer may be liable.  The proceeds             

14  derived from the tax shall be credited to the general fund of the           

15  state to be allocated and distributed as provided by this act.              

16  (6)  (5)  The department shall prepare and publish statistics               

17  from the records kept to administer the tax imposed by this act,            

18  detailing the distribution of tax receipts by type of business,             

19  legal form of organization, sources of tax base, timing of tax              

20  receipts, and types of deductions.  The statistics shall not                

21  result in the disclosure of information regarding any specific              

22  taxpayer.