SENATE BILL No. 1062

 

 

January 24, 2008, Introduced by Senators SANBORN and WHITMER and referred to the Committee on Banking and Financial Institutions.

 

 

 

     A bill to amend 2007 PA 36, entitled

 

"Michigan business tax act,"

 

by amending section 235 (MCL 208.1235).

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 235. (1) Each Except as otherwise provided under

 

subsection (4), each insurance company shall pay a tax determined

 

under this chapter.

 

     (2) The tax imposed by this chapter on each insurance company

 

shall be a tax equal to 1.25% of gross direct premiums written on

 

property or risk located or residing in this state. Direct premiums

 

do not include any of the following:

 

     (a) Premiums on policies not taken.

 

     (b) Returned premiums on canceled policies.

 

     (c) Receipts from the sale of annuities.


 

     (d) Receipts on reinsurance premiums if the tax has been paid

 

on the original premiums.

 

     (e) The first $190,000,000.00 of disability insurance premiums

 

written in this state, other than credit insurance and disability

 

income insurance premiums, of each insurance company subject to tax

 

under this chapter. This exemption shall be reduced by $2.00 for

 

each $1.00 by which the insurance company's gross direct premiums

 

from insurance carrier services in this state and outside this

 

state exceed $280,000,000.00.

 

     (3) The tax calculated under this chapter is in lieu of all

 

other privilege or franchise fees or taxes imposed by this act or

 

any other law of this state, except taxes on real and personal

 

property, taxes collected under the general sales tax act, 1933 PA

 

167, MCL 205.1 to 205.78, and taxes collected under the use tax

 

act, 1937 PA 94, MCL 205.91 to 205.111, and except as otherwise

 

provided in the insurance code of 1956, 1956 PA 218, MCL 500.100 to

 

500.8302.

 

     (4) The tax imposed and levied under this act does not apply

 

to an insurance company authorized under chapter 46 or 47 of the

 

insurance code of 1956, 1956 PA 218, MCL 500.4601 to 500.4673, and

 

MCL 500.4701 to 500.4747.

 

     Enacting section 1. This amendatory act does not take effect

 

unless Senate Bill No. 1061                                   

 

          of the 94th Legislature is enacted into law.