September 17, 2009, Introduced by Senator SWITALSKI and referred to the Committee on Finance.
A bill to amend 1933 PA 167, entitled
"General sales tax act,"
by amending section 4 (MCL 205.54), as amended by 2004 PA 173.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 4. (1) In computing the amount of tax levied under this
act for any month, a taxpayer not subject to section 6(2) may
deduct the amount provided by subdivision (a) or (b), whichever is
greater:
(a) If the tax that accrued to this state from the sales at
retail during the preceding month is remitted to the department on
or before the twelfth day of the month in which remittance is due,
for taxes accrued through September 30, 2009, 0.75% of the tax due
at a rate of 4% for the preceding monthly period, but not to exceed
$20,000.00 of the tax due for that month and for taxes accrued
after September 30, 2009, 0.60% of the tax due at a rate of 4% for
the preceding monthly period, but not to exceed $16,000.00 of the
tax due for that month. If the tax that accrued to this state from
the sales at retail during the preceding month is remitted to the
department after the twelfth day and on or before the twentieth day
of the month in which remittance is due, for taxes accrued through
September 30, 2009, 0.50% of the tax due at a rate of 4% for the
preceding monthly period, but not to exceed $15,000.00 of the tax
due for that month and for taxes accrued after September 30, 2009,
0.40% of the tax due at a rate of 4% for the preceding monthly
period, but not to exceed $12,000.00 of the tax due for that month.
(b) The tax at a rate of 4% due on $150.00 of taxable gross
proceeds for the preceding monthly period, or a prorated portion of
$150.00 of the taxable gross proceeds for the preceding month if
the taxpayer engaged in business for less than a month.
(2) Beginning January 1, 1999, in computing the amount of tax
levied under this act for any month, a taxpayer who is subject to
section 6(2) may deduct from the amount of the tax paid prior to
October 1, 2009, 0.50% of the tax due at a rate of 4% and from the
tax paid after September 30, 2009, 0.40% of the tax due at a rate
of 4%.
(3) A deduction is not allowed under this section for payments
of taxes made to the department after the day the taxpayer is
required to pay, pursuant to section 6, the tax imposed by this
act.
(4) If, pursuant to section 6(4), the department prescribes
the filing of returns and the payment of the tax for periods in
excess of 1 month, a taxpayer is entitled to a deduction from the
tax collections remitted to the department for the extended payment
period that is equivalent to the deduction allowed under subsection
(1) or (2) for monthly periods.
(5) The department may prescribe the filing of estimated
returns and annual periodic reconciliations as necessary to carry
out the purposes of this section.
(6) A seller registered under the streamlined sales and use
tax agreement may claim a deduction under this section if provided
for in the streamlined sales and use tax administration act, 2004
PA 174, MCL 205.801 to 205.833.