Bill Text: MI SB0671 | 2011-2012 | 96th Legislature | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Income tax; administration; reference to treasurer; clarify state treasurer. Amends sec. 667 of 1967 PA 281 (MCL 206.667).

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2011-10-20 - Assigned Pa 0189'11 With Immediate Effect [SB0671 Detail]

Download: Michigan-2011-SB0671-Engrossed.html

---

SB-0671, As Passed House, October 6, 2011

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SENATE BILL No. 671

 

 

September 15, 2011, Introduced by Senator ROBERTSON and referred to the Committee on Finance.

 

 

 

     A bill to amend 1967 PA 281, entitled

 

"Income tax act of 1967,"

 

by amending section 667 (MCL 206.667), as added by 2011 PA 38.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 667. (1) If the apportionment provisions of this part do

 

not fairly represent the extent of the taxpayer's business activity

 

in this state, the taxpayer may petition for or the state treasurer

 

may require the following, with respect to all or a portion of the

 

taxpayer's business activity, if reasonable:

 

     (a) Separate accounting.

 

     (b) The inclusion of 1 or more additional or alternative

 

factors that will fairly represent the taxpayer's business activity

 

in this state.

 

     (c) The use of any other method to effectuate an equitable

 

allocation and apportionment of the taxpayer's tax base.

 

     (2) An alternate method may be used only if it is approved by

 

the department.

 

     (3) The apportionment provisions of this part shall be

 

rebuttably presumed to fairly represent the business activity

 

attributed to the taxpayer in this state, taken as a whole and

 

without a separate examination of the specific elements of the tax

 

base unless it can be demonstrated that the business activity

 

attributed to the taxpayer in this state is out of all appropriate

 

proportion to the actual business activity transacted in this state

 

and leads to a grossly distorted result or would operate

 

unconstitutionally to tax the extraterritorial activity of the

 

taxpayer.

 

     (4) The filing of a return or an amended return is not

 

considered a petition for the purposes of subsection (1).

 

     Enacting section 1. This amendatory act takes effect January

 

1, 2012.