Bill Text: MI HB4485 | 2011-2012 | 96th Legislature | Introduced
Bill Title: Income tax; credit; certain energy efficient home improvements and certain energy efficient residential structures; provide for. Amends 1967 PA 281 (MCL 206.1 - 206.532) by adding sec. 283.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2011-03-24 - Printed Bill Filed 03/24/2011 [HB4485 Detail]
Download: Michigan-2011-HB4485-Introduced.html
HOUSE BILL No. 4485
March 23, 2011, Introduced by Reps. Switalski and Oakes and referred to the Committee on Tax Policy.
A bill to amend 1967 PA 281, entitled
"Income tax act of 1967,"
(MCL 206.1 to 206.532) by adding section 283.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 283. (1) For the 2011 tax year and each tax year after
2011, a taxpayer that purchases an eligible green residential
structure may claim a credit against the tax imposed by this act
equal to $5,000.00 per eligible green residential structure. A
taxpayer that invests in an eligible renovation or addition to his
or her principal residence may claim a credit against the tax
imposed by this act equal to 30% of the costs incurred for the
eligible renovation or addition or $2,000.00, whichever is less. A
taxpayer shall not claim a credit under this section unless a
certificate has been issued to the taxpayer for the green
residential structure or the renovation or addition as described
under subsection (2). The taxpayer shall attach the certificate to
the annual return filed under this act on which the credit under
this section is claimed.
(2) The certificate required under subsection (1) shall be
issued by 1 of the following and shall state, at a minimum, that
the green residential structure or the renovation or addition meets
or exceeds the following standards of that certifying body:
(a) For a certificate issued by green built Michigan, the
green residential structure or renovation or addition, whichever is
applicable, meets or exceeds the silver certification standards
established under the green built Michigan program and in effect at
the time of the construction or renovation.
(b) For a certificate issued under the national green building
program, the green residential structure or renovation or addition,
whichever is applicable, meets or exceeds the silver certification
standards established under the national green building program and
in effect at the time of the construction or renovation.
(c) For a certificate issued by any other recognized domestic
or international organization that is approved by the department of
labor and economic growth, the green residential structure or
renovation or addition, whichever is applicable, meets or exceeds
certification standards established by that domestic or
international organization that are, at a minimum, comparable to
the silver certification standards established under the green
built Michigan program or the national green building program.
(3) If the credit allowed under this section for the tax year
and any unused carryforward of the credit allowed by this section
exceed the taxpayer's tax liability for the tax year, that portion
that exceeds the tax liability for the tax year shall not be
refunded but may be carried forward to offset tax liability in
subsequent tax years for 4 years or until used up, whichever occurs
first.
(4) A taxpayer that claims a credit under this section is not
prohibited from claiming a credit under section 253. However, the
taxpayer shall not claim a credit under this section and section
253 based on the same costs and expenses.
(5) As used in this section:
(a) "Eligible green residential structure" means a newly
constructed residential structure that is located in this state,
that is constructed by a person licensed under article 24 of the
occupational code, 1980 PA 299, MCL 339.2401 to 339.2412, that was
issued a building permit as required under the Stille-DeRossett-
Hale single state construction code act, 1972 PA 230, MCL 125.1501
to 125.1531, that is certified in accordance with subsection (2),
and that is completed during the tax year for which a credit is
sought under this section.
(b) "Eligible renovation or addition" means a renovation or
addition made to an existing residential structure that is located
in this state, that is renovated or conducted by a person licensed
under article 24 of the occupational code, 1980 PA 299, MCL
339.2401 to 339.2412, that was issued a building permit for the
renovation or addition as required under the Stille-DeRossett-Hale
single state construction code act, 1972 PA 230, MCL 125.1501 to
125.1531, that is certified in accordance with subsection (2), and
that is completed during the tax year for which a credit is sought
under this section.
(c) "Green built Michigan" means the organization that
measures and evaluates the environmental performance of residential
buildings according to its standards, that provides education to
building professionals and homeowners regarding green building and
remodeling, and that qualifies for exemption from federal income
taxation under section 501(c)(3) of the internal revenue code.
(d) "National green building program" means the education,
verification, and certification program sponsored by the national
association of home builders and the national association of home
builders research center.
(e) "Principal residence" means that term as defined under
section 7dd of the general property tax act, 1893 PA 206, MCL
211.7dd.
(f) "Residential structure" means any 1- and 2-family
dwelling, townhouse, or accessory structure that is regulated by
the Michigan residential code promulgated pursuant to the Stille-
DeRossett-Hale single construction code act, 1972 PA 230, MCL
125.1501 to 125.1531.
