HOUSE BILL No. 4971

 

June 16, 2005, Introduced by Reps. Sheen and Drolet and referred to the Committee on Tax Policy.

 

     A bill to amend 1975 PA 228, entitled

 

"Single business tax act,"

 

(MCL 208.1 to 208.145) by adding section 35e.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 35e. (1) For tax years that begin on or after January 1,

 

2006, a taxpayer that is a research and development company may

 

claim a credit against the tax imposed by this act equal to 1.2% of

 

compensation as defined in section 4 for services performed in this

 

state that are research or experimental activities.

 

     (2) An affiliated group as defined in this act, a controlled

 

group of corporations as defined in section 1563 of the internal

 

revenue code and further described in 26 CFR 1.414(b)-1 and

 

1.414(c)-1 to 1.414(c)-5, or an entity under common control as

 

defined by the internal revenue code shall not claim the credit


 

allowed by this section as a research and development company

 

unless the business activities of the entities are consolidated for

 

the purpose of determining whether the taxpayer is a research and

 

development company. For purposes of this subsection, business

 

activities include all activities within and outside of this state.

 

     (3) The credit allowed under this section for the tax year

 

shall not be refunded and shall not be carried forward as an offset

 

to the tax liability in subsequent tax years.

 

     (4) The credit under this section shall be claimed against the

 

taxpayer's tax liability as determined after the application of the

 

credit allowed under section 35d.