HOUSE BILL No. 4655

 

May 1, 2013, Introduced by Reps. Yonker, Rendon, Lauwers and Callton and referred to the Committee on Tax Policy.

 

     A bill to amend 2004 PA 175, entitled

 

"Streamlined sales and use tax revenue equalization act,"

 

by amending sections 9 and 11 (MCL 205.179 and 205.181).

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 9. (1) Except as provided in subsection (2), there is

 

levied upon and there shall be collected from every person in this

 

state a specific tax on the privilege of storing, registering, or

 

transferring ownership of any vehicle other than a vehicle stored,

 

registered, or transferred by a new or used vehicle dealer licensed

 

by the department of state, ORV, manufactured housing, aircraft

 

other than a qualified aircraft under section 11, snowmobile, or

 

watercraft in this state at a rate of 6% of the retail dollar value

 

at the time of acquisition as determined by the department of


 

treasury price of the vehicle, ORV, manufactured housing, aircraft,

 

snowmobile, or watercraft. The tax shall be paid by the transferee.

 

The tax on a vehicle, ORV, snowmobile, and watercraft shall be

 

collected by the secretary of state before the transfer of the

 

vehicle, ORV, snowmobile, or watercraft registration. The tax on an

 

aircraft shall be paid to the department. The tax on manufactured

 

housing shall be collected by the department of consumer and

 

industry services licensing and regulatory affairs, mobile home

 

commission, or its agent before the transfer of the certificate of

 

title.

 

     (2) A transfer for purposes of resale or a transfer that is

 

exempt under any other exemption under the use tax act is exempt

 

from the tax levied under subsection (1). A transfer subject to tax

 

under the general sales tax act is exempt from the tax levied under

 

subsection (1).

 

     (3) A credit against the tax levied under subsection (1) is

 

allowed for an amount equal to any use tax paid by the taxpayer on

 

the same property. The credit under this section shall not exceed

 

the tax imposed by this act.

 

     Sec. 11. (1) Except as provided in subsection (2), there is

 

levied upon and there shall be collected from every person in this

 

state a specific tax for the privilege of storing, registering, or

 

transferring ownership in this state of a qualified aircraft at a

 

rate of 6% of the retail value price of the aircraft. at the time

 

it first enters this state. The transferee shall pay the tax to the

 

department. An aircraft is qualified if it was purchased outside of

 

this state and is used solely for personal, nonbusiness purposes


 

and if 1 of the following applies:

 

     (a) The aircraft is purchased by a person who is not a

 

resident of this state at the time of purchase and is brought into

 

this state more than 90 days after the date of purchase.

 

     (b) The aircraft is purchased by a person who is a resident of

 

this state at the time of purchase and is brought into this state

 

more than 360 days after the date of purchase.

 

     (2) The storage, registration, or transfer of an aircraft for

 

purposes of resale or of an aircraft that is exempt under any other

 

exemption under the use tax act is exempt from the tax levied under

 

subsection (1).

 

     (3) A credit against the tax levied under subsection (1) is

 

allowed in an amount equal to the amount by which any use tax on

 

the aircraft if paid exceeds the amount of the tax under this act,

 

which shall be refunded by the department.