PROVISIONS IN ANTICIPATION OF
SBT COURT DECISION
House Bill 5857
Sponsor: Rep. James Koetje
Committee: Tax Policy
Complete to 4-30-02
A SUMMARY OF HOUSE BILL 5857 AS INTRODUCED 4-9-02
The bill would amend the Single Business Tax Act to specify that if any provision of the act is determined unconstitutional by a final appellate court after December 31, 2001, the following would apply:
· The Department of Treasury could not assess any liability for any tax owed by a firm for any tax year as a result of a recalculation of liability based on the determination that a provision is unconstitutional; and
· If the taxpayer's liability would be reduced, the taxpayer could recalculate the tax liability for any year as if the unconstitutional provision had not been in effect.
MCL 208.81
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This analysis was prepared by nonpartisan House staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.