SB-0387, As Passed Senate, December 12, 2006

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE SUBSTITUTE FOR

 

SENATE BILL NO. 387

 

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1975 PA 228, entitled

 

"Single business tax act,"

 

(MCL 208.1 to 208.145) by adding section 34; and to repeal acts and

 

parts of acts.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 34. (1) For tax years that begin on or after January 1,

 

2006 and end before January 1, 2016, a taxpayer that is engaged in

 

research and development of a qualified technology may claim a

 

credit against the tax imposed by this act equal to 3.9% of the

 

compensation as defined in section 4 for services performed in a

 

qualified facility, paid to the employees at the qualified facility

 

in the tax year, if the taxpayer has entered into an agreement

 

before April 1, 2007 with the Michigan economic growth authority

 


that provides all of the following:

 

     (a) The type and number of jobs at the qualified facility to

 

which the agreement applies.

 

     (b) The type of work to be performed by the employees

 

performing the jobs provided under subdivision (a) by the taxpayer.

 

     (c) Any other terms and conditions that the Michigan economic

 

growth authority considers to be in the public interest.

 

     (2) If the credit allowed under this section exceeds the tax

 

liability of the taxpayer for the tax year, that portion that

 

exceeds the tax liability shall be refundable.

 

     (3) The maximum amount of the credit allowed under this

 

section that any 1 taxpayer may claim shall not exceed

 

$3,000,000.00 in a single tax year.

 

     (4) As used in this section:

 

     (a) "Michigan economic growth authority" means the Michigan

 

economic growth authority created in the Michigan economic growth

 

authority act, 1995 PA 24, MCL 207.801 to 207.810.

 

     (b) "Motor vehicle" means a motor vehicle as defined in

 

section 33 of the Michigan vehicle code, 1949 PA 300, MCL 257.33,

 

that is designed as a passenger vehicle, or sport utility vehicle,

 

but does not include a motor home, bus, truck other than a pickup

 

truck or van, or a vehicle designed to travel on less than 4

 

wheels.

 

     (c) "Qualified city" means a city that meets both of the

 

following criteria:

 

     (i) Has a population of not less than 80,000 and not more than

 

82,000 as designated by the United States bureau of the census in

 


the 2000 census.

 

     (ii) Is located in a county that has a population of not less

 

than 1,000,000 and not more than 1,300,000 as designated by the

 

United States bureau of the census in the 2000 census.

 

     (d) "Qualified facility" means a leased facility in a

 

qualified city used for the research and development of a qualified

 

technology.

 

     (e) "Qualified technology" means a hybrid system the primary

 

purpose of which is the propulsion of a motor vehicle.

 

     (f) "Research and development" means "qualified research" as

 

that term is defined in section 41(d) of the internal revenue code.

 

     Enacting section 1. Section 32 of the single business tax act,

 

1975 PA 228, MCL 208.32, is repealed.